Display Seperating From Frame, "New" Phone Is Out of Warranty?

I bought my Z1C online (eBay) on June 7th, 2015 and the display has since started to seperate from the phone's metal frame. The issue has only gotten worse and after calling Customer Support, I was informed my phone is out of warranty. Would this mean the phone is not new? Sorry for the quality of the photos, had to use an old phone for the pictures. Is the new even though its past the warranty period?What are my options for repair?

Contact the seller regarding this issue, it could be that the seller brought it a while back.

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