New iPhone or Refurbished iPhone?

Agree to what? The employees are required to follow Apple's policies. You will get what they are required to replace your phone with.

I don't know why you're quite this fixated on getting a brand new phone. You brought in a used phone. Why should the replacement be brand new? A new device they could have sold to someone else?

If you bought a brand new car with a 5 year bumper to bumper warranty, and the engine had a catastrophic failure at the three year mark, which of these do you think the company would do?

1. Replace the engine.
2. Give you another brand new car, which would a model three years newer than what you had.

No company that wants to stay in business just hands out brand new products to replace defective or broken ones.

It's the latter. You will always get a new phone if it's within the initial 14 days from purchase. Otherwise, it's up to the Apple Store.

Bear in mind an Apple refurbished phone is far different from other people online who claim to be selling a "refurbished" device. To them, that just means they've tried to clean it up and make certain it works. Apple does whatever is necessary to make a refurbished phone work and look as new. They always get a new battery installed. The screen is almost always replaced. It will also get a new case if the previous is scratched or dinged in any way.

An Apple refurbished device is always as close to new as it can get.

Johncarlkik wrote:

I mean that because the phone is under warranty and I never damaged it in any way. I just began to notice a hardware issue. What do you think?

Apple is obligated to follow their warranty terms. Those terms don't require them to replace a defective device with an absolutely new one. This is the part of the terms that allow them to do that:

Apple One (1) Year Limited Warranty

WHAT WILL APPLE DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to Apple or an AASP in accordance with this warranty, Apple will, at its option:

(i) repair the Apple Product using new or previously used parts that are equivalent to new in performance and reliability,

(ii) replace the Apple Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or 

(iii) exchange the Apple Product for a refund of your purchase price.

A refurbished device will be "equivalent to new in performance and reliability". Refurbs from Apple will always have a new battery. It may not necessarily be cosmetically perfect. They get a lot of different sources for devices and parts. They can't sell a device returned within 14 days as new, so it's likely these become "refurbished" even though they require little work to put back into service other than modifying the model number and installing a new battery. They get devices that have been dropped where the case is damaged, but the logic board is intact. Drop it in a new case with a new battery and you've got a refurbished device. Maybe a logic board got fried and they drop a new logic board into a case in good condition. Occasionally they replace entire devices with service replacements for just a battery or front screen damage.

Maybe what you get is new and received a service replacement model number right from the start. However, you won't be able to specify that. It's unlikely that you would receive a new one pulled from retail inventory. That's occasionally happened, but it's not something you're likely to get by asking for it.

It wouldn't matter what you do. If they saw this topic, they would both dump you in a nanosecond. Problem solved. For them, anyway.

Johncarlkik wrote:

will they give me a new one or a refurbished one?

Yes.

You will get a service replacement. There is no way for you, or anyone at the Apple Store to tell the difference.

The replacement will carry the balance of the original warranty, or 90 days, whichever is longer.

Johncarlkik wrote:

The problem is that I'm confused because some websites wouls say that apple would only give new phones as replacement and other websites say that it depends on luck, you can either a new or a refurbished one. What do you say?

To clarify, you would likely get a "service replacement device" with a special model number that starts with an N. It would come in a white box without any graphics, and there will be no accessories in the box. These may be used or refurbished. When the model is fairly new, the replacements are likely to be new. As the model ages, they're likely to get supplies of returned phones that were then reconditioned/repaired with new or used parts, so then they're more likely to be refurbished. Some might even be devices that were returned within the 14 day return period, but can't be sold as new. There's no way to specify what you get.

I've heard occasionally Apple has taken new inventory to use as warranty/service replacements, but they would keep all the accessories.

Johncarlkik wrote:

What if I ask them before I agree to replace it? Are they allowed to tell me that the iPhone is completely new?

You will get a service replacement.

There is NO WAY for the staff at the Apple Store to know if it is new from the factory or remanufactured.

None.

They will not open a retail box and give you a new phone from retail stock.

Yo don't get a choice in the matter... other than choosing not to have your defective phone replaced at all, in which case you'll have to live with whatever the problem is or pay for a brand new one.

It will be refurbished. You're not bringing in a brand new phone, so you don't get one in return.

Yes. If the phone you bring in can't be fixed, it's standard is to give you a refurbished replacement. The only exception would be if they had no refurbished units available.

Most likely.

Up to you. Can't hurt to ask what they'll replace it with. Just don't expect to be able to demand a new one. Especially if you've already had yours for months.