As Shane stated, if you're not satisfied, the simple answer is to take it back. However, the quicker answer is to simply exercise the trigger a little.
The trigger is comprised of a solidstate film resistor and a rubberized conductive wiper. If they have been sitting unused for a while, they can lose conductivity between them. Simply exercising the trigger causes the wiper to clean off any film or oxidation from the resistor that has been sitting dormant. It takes only a small patch of non-conductive film to cause the safety feature of the EC-TEC electronics to engage, that normally prevents the drill from starting when you insert a battery while accidentally holding the trigger in the On position.
Pull the trigger a few times, and if that doesn't correct the problem, then bring the drill back to Festool. In my experience, this only happens when the drill has been sitting dormant for a while or you don't pull the trigger full-on very often.