I bought a GTA4 360 premium pack a few months ago from Play. I read the comments before hand and one guy asked Play if they were selling the new falcon model, they told him all the GTA4 360 packs would be the new Falcon model. I decided to buy one, and sure enough it is the new model.
They advertise the consoles as having HDMI, only the new Falcon models have this. So if they still sell the older models, then that is a breach of advertising I would have thought, therefore one should be able to get a refund.
But tbh, the new Falcon has been out quite a while now, any old units should have gone by now from all big retailers.