I recently had my iphone4 replaced just shy of the 1 year warrenty. I asked if it was a refurb and the genius said no that it was new.... how can i tell for sure? the serial number starts with J9.
You could see the production week/year by entering your serial there. While this doesn't necessarily tell you if it was a refurb or new device, it may give you an idea based on the production time.
"If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Apple will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product."
Even if you did get a refurb, you most likely will not be able to tell the difference. Whatever was wrong with that particular model before has been resolved and will be 'like' new.
If the replacement serial begins with 5K, it is a refurb. If it begins with a 6, 7, or 8, they are BRAND NEW, NEVER used phones....please don't ask how I know...
Their policy is to replace faulty units under warranty with refurb ones.
Offcourse they will tell you its brand new but they're not.
Unless the product just released and there were no iphones yet that have gone thru the refurb process and send back to stores for replacements. Then you will get a new phone or under certain exceptions where you have got multiple replacement with issues etc....
In all honesty, what does it matter? These refurb units go through a strict policy of checks. You aren't giving the company back a new unit so why should a customer's expectations be set to receive a new device? If it's outside of the return policy you should always expect a refurb and if you happen to receive a new device just be thankful and move on.