DOA phone no help

After taking out a contract with vodacom on a CPO phone that I was assured is as good as new I tried to set it up. The phone can not set up at all . Phoned in and explained my situation to them. Bear in mind the phone is less than 24 hours old . I then got told the phone has to be sent in for repairs and can take 5 - 7 working days . This is not acceptable to me but I understand that it is your policy . I then asked if I can cancel my contract and return everything in its original packaging . I got told that i can not cancel my contract . This goes against the consumer act. My days with vodacom is numberd