@wackyracer2 I think most of the phones that giffgaff sell are new. the refurbished phones that giffgaff sell are clearly shown as such in their names.
So for example, on the Phones page:
and the on the page of each refurbished phone itself, there is text which describes what refurbished means :
"Refurbished phones - always great value.
All refurbished phones are in 'nearly new' condition. These are used phones that have been returned. The phones have been checked and restored back to their near original state for re-sale.
Our refurbished phones are shipped in plain cardboard boxes and come with a USB data cable, which can be used to charge your phone via PC or mains. Our refurbished phones are NOT supplied with a mains adaptor and are not supplied with the additional software and phone guide, (however this can be downloaded from manufacturers website). All refurbished phones come with a 12-month warranty.
For more information on refurbished phones click here."