Nokia 5233 problem. Please help!?

I bought a nokia 5233 phone last week and its been an awesome multimedia phone. But, sometimes when i get into the main menu, the same two icons (contacts and gallery) dont work but after opening another icon and closing, it seems to work. I was wondering if anyone else was facing this problem where icons in main menu dont open. Also when i tried to update the firmware OTA, in the software updater in applications, an exclamation mark is showing by the phone update and it wont update even after pressing 'update'. I also tried downloading through through pc using nokia software downloader but it doesnt 'identify the device'. Any one know whats wrong? Is there some kind of virus or software problem? Besides these problems, the phone seems to be very good but it would be nice if someone could clarify my doubts and tell me whats the problem. should i bring it to the nokia care center? All answers are appreciated