Replacement iPhone has scratches. What can I do?

Today I brought my iPhone 5 to an Apple store because it kept crashing. The Apple employee decided just to replace it. He grabbed an iPhone 5 out of these white boxes. I asked if this was a brand new one and he assured me that it wasn't refurbished. After further examination after the meeting I saw many scratches on the iPhone. After reading up on Apple replacements online I realized that 99.9% of the time they are refurbished. Could I bring the iPhone in demanding I get a new one in the normal retail box. Apple can have the headphones I didn't even open them. Would they replace it with a new one. I have bought over 15 iPhone from them and I expect better. Will they resolve the solution or will they tell me to pound sand?