Persistent AirPods Pro 2 volume and ANC issues

I sent my AirPods Pro 2 to Apple as the volume on one side was low compared to the other, and ANC wasn’t functioning properly. When returned, they were ok for a few weeks, then the ANC became completely ineffective. 

I returned them, and when they came back, they were working fine for 4 days; now the volume on one side is very low. I know that it’s not my hearing or faulty iPhone, as all is good when using my Beats Studio 3. I’m getting really annoyed. I suspect that the faulty AirPods are being replaced with refurbished ones. Will I be within my rights to insist on new AirPods Pro 2?

I purchased them on 20 January 2024. 

[Re-Titled by Moderator]