No it's not a refurb. How do I know?
I was one of very few to get the IPhone 4 6/2010 at launch. Waited hours in line eventually picked up my prebook.....
So anyways...2 days later, I dropped it on concrete!
So, I go to an Apple Store, and the Genius rep said he would just give me another one, brand new even tho I dropped it!
I asked why?? I asked was he just being nice lol?? He said, Apple NEEDS some models for refurb reasons! Now if I had dropped it in water, he said that probably would have been a different outcome for me...
So no. I can assure u theres no WAY that's a refurb....
"Are the Apple Stores already replacing defunct brand new iPhone 4S phones with REFURBISHED phones?"
No way to know, but there is no reason why it shouldn't be a refurb. You should not know or be able to tell the difference.
"My replacement came in an unmarked black hard plastic box."
All service units come in these boxes. Again,you, nor the Apple store should know or be abel to tell the difference.
If you are having issues, then try the basics, restart, reset, restore. If this fails, then make an appointment at the genius bar.
"Are you serious?"
Yes. This is clearly stated in the warranty and is nothing new at all.
"My phone was ONLY 10 days old and could have been returned for a full refund at the Sprint Store!"
Could have been. How do you know that the iphone you got back wasn;t new or only 5 days old?
You gave them a used ( 10 day old) broken iphone and they gave you an iphone that works and could be new or almost new ( iphone 4s has not been ut that long, it cannot be that old).
Your logic is flawed here.
It is not my logic it is the facts of the warranty for the iphone.
That makes absolutely no sense bud.
When the original is still covered under Sprint's return policy, Apple should NOT, in my opinion, be handing out refurbished phones when the original is defunct and the user is NOT at fault (i.e., dropped in water, dropped from building, etc.).
NOTE: At this point, I have no concrete evidence that Apple gave me a refurbished phone. But, the replacement did come in a hard plastic, unmarked black box.
Are you a lawyer?
If not, I will politely caution you NOT to give a legal opinion if you are not, in fact, a licensed attorney.
The point is that during the period that individuals can return phones for an exchange or a refund from the wireless carrier, Apple should either give the purchaser the same option themselves or inform the individual that a replacement through Apple may affect their return or exchange status with their carrier.
I don't think providing you with the verbiage of the warranty is "providing a legal" opinion or in any way infringing upon the monopoly of lawyers. So, calm down. The warranty does state that whether the phone is new or refurbished is at Apple's discretion and it is a legal document.
Honestly, it's unlikely that the phone you received was refurbished as the 4S hasn't been out long enough for devices to be returned and refurbished and then put in to the warranty system.
I understand NewToApple's frustration. I had my 4s for four days when I took it to Apple with a massive battery drain problem - 40 percent in 2 hours. Because the tech couldn't ID the problem when they hooked the phone to diagnostics, he came back with what he told me was a brand new phone. Looking through the phone, however, I found it had a calltime of 33 days over the lifetime of the phone. Not possible on a brand new phone. Called AppleCare and they said there's a 95 percent chance its refurb. I'm with NewtoApple in that if the tech had been honest and said the phone was possibly a refurb, then I would have taken it back to AT&T for a full refund and left me free to buy a new phone, since I was still within my 30 days. Because they swapped it out, I lost that opportunity. Apple kept saying they couldn't give me a new phone because of the high demand for 4s and essentially that I should be happy to get a phone at all. The arrogance.