They're under no obligation to take it back. I wouldn't even ask - you're talking about something cosmetic here, that is easily fixable. Body shop paint jobs are no less robust than OEM & colors/texture can be matched just fine. It's what they do & have been doing for decades.
There is the lemon law & this won't qualify under that law to go all aggro & demand they take it back as this is cosmetic. All they are required to do it fix it for free or pay someone else to do the work. I'd trust whichever shop is BMW certified.
This could have been discovered at the port & fixed there - and you'd never have a clue that happened. At least now you know & can have it fixed by the best body shop.
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