How deep is the scuff? If it's on the surface it may just take a little elbow grease with saddle soap or AE's conditioner cleaner... a nominal investment for a $385 shoe that only cost you $199.
The tradeoff with Factory 2nds is you never know what the imperfection will be. AE also charges a $10 restocking fee for all returned 2nds, which is perfectly fair considering if you do return them to get a different pair they will have paid to ship shoes to you 3 times
The scuff was moderately deep, so I decided to replace them. I ended up taking the shoes down to my local AE store (not outlet). I returned them and actually decided to size down, and I didn't have to pay the restocking fee. I then went and called into the outlet store in Alabama, talked to a pretty nice gentleman there who inspected a pair for me and said that the pair he was eyeing had no major defects [I think he said something about uneven staining on a side somewhere?], and they'll be shipped tomorrow... I can update when I get the new pair, but fingers are crossed for a nice pair.