Would I be entitled to a refund?

So I bought a ipad 3 from kogan to use with my yamaha keyboard piano for $200. Got it today, set it up only to find out its basically useless now. Pretty much every app require IOS 10+ The ipad 3 can't go higher than 9.3.5.

Australian consumer law says that a store or seller MUST provide a repair, replacement or refund if an item is faulty or significantly not as described. For example, if you bought a dress online and it arrived with a stain on it, the item could reasonably be considered faulty.

I therefore consider the ipad as defective/faulty since I can't use it since nothing works the the pos thing.