Microsoft 535 upgrade

I upgraded my phone to a Microsoft 535 phone. After waiting for two week I received my phone on 23/03/2015 at 16:00.On the 24/03/2015 the phone went dead and does not want to switch on. I did not even transfer all my data from my old phone to the new one. My wife took the phone back to Autopage on 25/03/2015 to find out what to do. Annelize was not very willing to assist and give my wife an attitude. She said that they cannot replace the phone and will send it away for repairs. This will take another week or so. But I must still pay my subscription although I do not have the so called new phone. If I am not mistaken Autopage stipulate in the contract that they will replace any phone if there is a problem with the phone within seven days of receiving it. I just feel it is a new phone and I expect a new phone, not a repaired phone. Thank you