Brand new Nokia not functioning correctly

spidereyes

I today got an upgrade from the 3 store. The phone, a Nokia X3-02 has been challenging to say the least with the touchscreen being fairly unresponsive. I have had the phone running since around 1pm so less than 12hours.
Whilst using the internet the phone jammed and the only option was to turn the phone off which I did but upon rebooting it several of the buttons on the touchscreen have dissappeared, pressing where they used to be does nothing. The Menu button on the touchscreen is still there however does not function, and will not load anything.
The screen itself appears to be working as I can press on the clock and the calander for example, likewise when this opens up the area of the screen where the buttons were does work but when back on the 'desktop' area of the phone it flatly refuses to work.
The phone has been rebooted several times, I have tried taking out the battery and the sim but the problem still occurs.

Does any firstly have any ideas as to what is going on as I have been unable to find this exact problem online.
Secondly what are my rights to taking this phone back (its on contract)?

grumbler

http://discussions.nokia.co.uk/t5/Xseries/Nokia-X3-02-has-blank-screen-and-keeps-flashing/td-p/819305

If this doesn't help, take it back to the store. They have either to replace or to repair it.
http://www.three.co.uk/Help_Support/About_my_mobile/Returns