Second Hand cellphone sold as a new phone

I bought a cellphone from Ackermans Gobabis on the 16th February and was under the impression its a new phone. After charging the phone and wanting to install everything there was another email ad linked on the app store and someone elses photos on the phone. When I went back to Ackermans they told me the phone was sold to someone ales who used it for 1 day and was not happy with the phone they returned the phone. Ackermans send the phone to their repair place and they said nothing was wrong with the phone. So they send the phone back to Ackermans Gobabis to sell again. I feel they should have told me this is not a new phone and be made concious about the conditions of the phone.