IPhone 5 has a faulty battery

I recently upgraded to an iPhone 5 in a Best Buy mobile store. The guy who gave it to me said it was previously activated (I ordered it brand new) but that this wouldn't be a problem. They said the battery life would be twice as good as my iPhone 4. This was a lie- my battery life is terrible; when I make a phone call for an hour on my phone, the battery runs out quickly. I need to charge it twice a day if God forbid I want to listen to music and make a couple of calls. I know about all the battery saving techniques, like closing all multitasking apps, turning off location services, turning off push notifications, bluetooth, etc.  I use it exactly the same as my previous iPhone 4 yet the battery drains EXTREMELY quickly.  I went back to the Best Buy Mobile store 3 weeks later to get the phone replaced. We are Premier Silver members at Best Buy. On their website it clearly stated that within 60 days items may be returned. However, the manager and salespeople at the mobile store said that that statement was outdated and their policy is not to include iPhones. Yet, there was NOTHING on the site page that said it was outdated OR that iPhones were excluded. The manager seemed surprised that one of her workers had given me a previously activated phone- if I had known this could result in a weak phone I would've made more of a fuss and demanded a new phone. The salespeople suggested we go to an Apple store, since we have a 1 year warranty on the iPhone they may be able to replace the battery.  However, at the Apple store, when a diagnostic was run on my phone they said the battery was fine. It's not. My brother has a new iPhone 5 and only needs to charge it every other day. I am disappointed and would really like a new phone as I don't want to be saddled under contract for the next 2 years with one with a weak battery. If I can't get this problem fixed somehow this is definitely the last time I'm buying an Apple product.

Restore it with iTunes on computer. This will give you the best battery life possible. Then you can compare it with other iPhone 5 like your brother's.

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