American Swiss
Cell phone - not working

On 28/09/2013 my wife purchase a blackberry phone from American Swiss for our daughter.
on the Monday 30/09/2013 the phone's scroller and key pad is malfuction.
I went to the store on 01/10/2013 to report the matter and was told by Robyn (021 713 8172) that Vodacom doesn't exchange, if it was a MTN service provider they would have exchanged the device as per the T&C of MTN. I then requested a copy of the Vodacom T&C to if anything is different and find that both MTN and Vodacom have the sane T&C.
I was then told that Vodacom instructed the store not to exchange but to send the device for repairs (2 day) old.
The phone is currectly with American Swiss

please advise.