my earpods are brand new and do not have a microphone/volume button

If you bought it from Apple or an Apple Authorized Retailer then take it back to them or contact Apple Support and they should be able to send you the correct pair. My guess though is you bought it from a place that isn't an authorized retailer and they most likely have sold you a refurbished iPhone and repackaged it as new and included the EarPods that come with a basic iPod touch. If that is the case, you need to contact the store that sold it to you.