Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
It's a refurb.

You give them a used phone, they give you a used phone in return. You couldn't possibly expect a new phone.
 
Is it not the usage from your previous phone (if you set the new one up as your old phone)?
 
You should be able to tell whether or not it is a refurb from the serial number.

Usage doesn't prove it's used, any more than seeing 20 miles on the odometer of a new car proves it is used.
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.