Do you think this is a software problem?

I bought a refurbished Torch 9810 from this store known as Cash Generator in the UK. It's in near new condition, was only £120 if there's anyone else who lives in the UK.
Started it, it was rebooted from security wipe. Set up everything.
HOWEVER two issues!
1- THe device does not recognise that when headphones are inserted! It only plays music through the speakers..
2- If I try to install an app then it just says that the app world has encountered a problem and needs to close.
It's on the factory default BB7 ie. 7.0.0.540.. Wait a sec this is the original v of BB7 right?
What should I do!? I remember my Curve 9360 had the same issue but all it needed was a reset. I tried a battery pull on the torch but same problem.
Should I update to 7.1 and see if anhything is fixed?
Any idea how much it would cost to fix this if it is physical problem!? yeah, ovsli I'm gonna complain to the store. However, I got it for a ridicolously good price! If it costs about £50 to fix then I guess it'd be worth it..
Other question: How long does it take to charge a torch via wall socket? Thought I'd put that there where appropiate.
Thanks in advance

Should you upgrade to OS 7.1?  Yes, I always suggest the latest update.
Do I think it's a software problem?  Possibly, so upgrade your OS and see if that helps.  If not, run the phone back to the store for a replacement or refund.
App World needs to close?  That's probably just temporary.  Upgrade your OS, do a battery pull and see if that resolves the issue.
Post back if you have more questions. 
- If my response has helped you, please click "Options" beside my post and mark it as solved. Clicking the "thumbs up" icon near the bottom of my response would also be appreciated.

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