RU going to able to get a full refund after you rode on it? If you can, then that's quite an understanding LBS you have.

I won't go into the Axel anymore as I think you know my sentiments on that. Insist that the LBS send the fork back to Answer...Mine was sent back and they refurbished the fork. I still don't trust it (I'm paranoid) but at least it's fixed for now. It took less than a week for mine.

As Jim said, most LBS will tell their customers to bring their bikes in after a 24 hour (of riding) burn in period. Things come loose, or settle in a certain way, etc. It was like that on my bike too. The shifting problem could be as simple as an adjustment.

Have you ridden it hard? I endo'ed my bike over a large log which misaligned the rear derailleur. Mine wouldn't change gears properly, or would skim across the rear sprocket. Even a light endo, or dropping your bike on the side, may cause a bend to either the hangar, or the derailleur. As a test, shift your rear derailleur to the smallest sprocket, and shift your front derailleur to the largest chainring. Now look at your rear derailleur from the back. It should be exactly in line with the chain, and be perpendicular (90 degrees) from the ground if your bike is standing up. If it's not perpendicular and on an angle, your derailleur is bent.

If you can't get a refund, at least get it repaired even if it takes you several times to get the LBS to adjust it just right. I wouldn't blame the LBS if they can't fix it the first time. Fixing shifting problems are hard, even for experts.

If it's a real good LBS, if they can't fix it they'll send it back to the manufacturer for authorized repairs.