Apple recall replacement a refurbished faultymodel

I couldn't understand why my brand new iphone 5 had such a poor battery life until i discovered it was actually a faulty battery. There was a site to confirm if the iphone fitted into that category by inputting the serial number. I purchased this phone through Autopage in Pavillion. They said that even through the phone was definitely a faulty apple phone they needed to send it away for 6 weeks. After 7 weeks i finally got what i thought was a new phone but only now have learnt has actually been refurbished. Im experiencing the same issues as before. I dont have resources to send my phone away for ANOTHER 6 weeks. Surely apples policy on the faulty phones was to replace it with a NEW phone? This was only around 3/4 months ago that my phone was \replaced". Please assist with this because i know if i go into the pavillion store the very unhelpful staff there will not be of assistance. Ive just renewed my contract with Autopage"