Will I get a BRAND NEW iPhone 4 from Mobile carrier '3' Hong Kong if found to be defective on 4th day?

Bought an iPhone 4 on contract (3) few days ago and just realised there is a problem with the volume button (the '-' button can turn the volume up instead).
Does anyone know where I stand with the returns/warranty policy? I've only had it 4 days and I don't want it to be replaced with a refurb ( although they look brand new) as i've only had it for 4 days.
My friend had his replaced 7 months in, and although it came out an original box, he was told it was a refurb and only gave him the phone without the box. - I find this silly as the box and phone has a matching imei, serial
Number etc.
Would be great for someone to shine some light on what's to come ahead and if there is such policy to return an iPhone within 7 days in HK to a mobile carrier to receive a BRAND NEW one. Cheers.

It really doesn't matter. A refurb should be completely indistinguishable from a brand new phone. If it isn't, you do not have to accept it. It is generally accepted that a refurb is better than new, as it undergoes far more detailed quality control to ensure it is good.

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