Lost IBooks after i recieved new handset After IOS4 ruines my 3G iPhone

I Upgraded to IOS4 on my 3G IPhone after weeks of Slow non responsive and crashing Apps n loads more i took it into the Apple store, they said as i was in warranty they would replace my handset which i thought great Only thing was i was not to upgrade to IOS4 and after the problems i had before that was going to be a problem!got home tried to restore my back up and it said the System software was too old and i would have to upgrade to IOS4.....i thought that was the point in me getting a new handset so i wouldnt need to upgrade?!
So after losing all my data it took me an age to try and fix it i also lost the use of IBooks which i had spent a bit on buying books it says i need the 3.2 update to get IBooks?! How can i either get 1. a refund of the books i bought and can no longer use or 2. Get the 3.2 Update without getting the IOS4 update Pleeeassseeee help?!
IPhone 3G iPhone OS 3.1.3