I am putting this phone on the forums because it is actually NEW but eblag rules forbid classing it as new because it is unsealed and tested.
The story is I had a 3Gs which was about 5 months old and it started to play up.I spent money with apple on over the phone instructions on settings etc all to no avail. Eventually I got p ed off and told apple to shove it and bought a new iphone 4. two days later a replacement phone arrives from apple with packaging from UPS to return the faulty phone.
So it is new, I fired it up to see if it is locked and appears to be locked to O2,it comes in a genuine apple box but without the charger and earphones,(I have got the old ones though).I carries the remaining apple warranty which is between 5 and 7 months and is ready to go.
£350 plus postage. If you are not part of the solution you are part of the problem!!

I think you'lll find its a refurb if apple have sent it outside the 14 day warranty period. Its what they do, hence no earphones etc. 2010 MY Vogue SE TDV8 3.6 Stornoway Grey- fully loaded

Someone else said the same so I phoned customer service and spoke to the Dutch guy I had all the truck with and he said no, the refurbs all go abroad, wouldnt enlarge on where but insisted there are a glut of iphone 3's now the 4 is available so advanced replacements are new phones.
I dont really care one way or the other having thought about it, it looks new and I presume it does what it should and has 8 months warranty!! If you are not part of the solution you are part of the problem!!

If it came in a sealed, black box with the iPhone on the front (like the first one you bought) then it's new. I'm led to believe refurbs come in a plain box. Apple told me they send refurbs out, but like you say, the new one is out now so they'll still have old "new" units to get rid of.. 2010 MY Vogue SE TDV8 3.6 Stornoway Grey- fully loaded