Breach of Consumer Protection Act

My son received his cellphone upgrade on Friday 22 May. He attempted to set the phone up on 24 May. When this process did not work as the phones touch pad did not work he took the phone to Canal Walk for assistance. They advised that the phone would need to go in for repairs. I made contact with the store and head office today and advised that this is contravention of the Consumer Protection Act and that as this is a brand new phone that has never been used as it could not even be set up, they advised that this is Autopage's policy and it supersedes the law. Surely as this is a brand new phone that has never been used (which I know they can track from their system) the phone should have been replaced immediately. He has been told he now has to wait 6 weeks for the phone to be repaired.