Insurance replaced 2 month old iPad with old, tatty refurb! Help!!!

Hi everyone!

This is my very first post, so I'm a bit nervous!

I have an iPad which I have through a 24 month contrace with vodafone. I pay a ridiculous ?10 per month just for the insurance!
So, my iPad is only 2.5 months old, and the screen got cracked, so I made a claim on my insurance. As I'm disabled, I couldn't get to my (not so) nearest Vodafone store, so they organised for a replacement to be sent out to me, which was very kind of them.

However, when I opened the bag, on the box it says it's a nearly new refurbished iPad, not a new one as I expected. The screen has clearly been replaced as it has no scratches at all, but the back is covered in marks, and the accessories that come with it are also marked. Although my screen got cracked (due to my 4yr old daughter sitting on it ), my iPad is in pristine condition due to it being kept in a wallet style case.

My issue is, the replacement iPad could be 12 months old, so even though certain parts may have been refurbished, there will have been considerable wear on other components. So it could be ten months older than my iPad. I have 22 months left on my contract, so I feel it's highly unfair, and completely unacceptable to replace my 2 month old iPad with something other than a new one.

The man at vodafone has said that I agreed to the terms and conditions, and by law, when I signed for the iPad, I accepted the iPad as a replacement. Firstly, I signed to accept delivery of the iPad, I did not sign to accept it as a replacement.
Secondly, when I phoned vodafone (who I have a phone contract with) to take out the iPad contract, they didn't explain ANY t&c's of the insurance policy, neither did they ask if I accept any T&C's, nor did I get sent out any information regarding the insurance policy!

So, I have told Vodafone that until I get a new iPad sent out, I shall not be returning my damaged one, nor will I be paying the ?25 excess.

Can someone please tell me if I have any rights where this is concerned? I have MS, and I really can't deal with this stress and upset its causing me. Stress causes relapses (which usually result in disease progression) in people with Multiple Sclerosis, so i usuallydo everything i can to avoid situations like this.

Source: http://forums.moneysavingexpert.com/showthread.php?t=3866759&goto=newpost

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