Will apple replace my iphone 5?

Hi everybody, I have just recently bought a second hand iPhone 5 ( was still in box and wrapper ) but yes still second hand. It is on three network, and it had a big scratch on the top and scuff marks on the side.

My question is will apple replace it even though its locked and I dont have the receipt?. I contacted 3 and they told me to get in touch with apple but they are not sure if they will replace it because its second hand.

Cheers