Hi peacheater,
Thank you for reaching Microsoft Community. We're sorry for the trouble this has caused you. I'll be asking few questions to isolate the issue.
Were you able to pair it?
What device do you pair it with?
Are you using the USB cable that came with it?
See this link for Surface Headphones topics, you may also troubleshoot your headphones using the same link.
I'll be waiting for your answers so I can provide resolution.
Kind regards,
Lavenia