You might recall what happened to Fryes when they tried that stunt....selling used/returns as new goods. I bought something there once (last time). I don't recall what it was (might've been an optical drive). It didn't work. It made this terrible clattering sound. I took it back and asked if this was new or a return. The kid looks at the label and says "it's a return". I demanded a new unit immediately. Kid says they have a policy. You have a write a statement with the reason for the return and then "don't call us, we'll call you" kind of attitude.
I gave him my business card (I'm a lawyer during the week and a keyboard player on the weekends) and told this weasel "I have a policy too, if I don't get a brand new unit IN HAND within two minute, he, this store, the corporation that runs it and every horse they rode in on with a class action suit that will knock their socks off. Oh, and by the way, what was your name?".
I got the drive. I'm still p***ss*d. It took them three minutes.
If you're paying for a NEW phone, NEW means NEW. End of story.