About My Phone Please help!?

If i dont have warrenty can i still return my phone? I have The pantec duo i got it over a year ago..i dont plan to return it now im actually looking into Buying the Sony Ericsson W580i Walkman but its refurb and My pantec was a Refurb and it didnt always act great! so if the Sony Ericsson phone doesnt work as well will i still be able to return it & them give me another one?