Dutch court rules against replacing a user’s defective iPhone 6s with a refurbished unit

By , Jul 12, 2016

iPhone 6s Rose Gold front back image 006

Speaking of lawsuits, a Dutch court has reportedly ruled in favor of a woman who took it upon herself to drag Apple to court over offering to replace her damaged iPhone 6 Plus with a refurbished rather than a brand new handset. This is Apple’s standard policy in many markets, including where I live.

Recently, I took my iPhone 6s to a store over a faulty Home button and instead of servicing it they decided to give me a refurbished handset.

A judge in Amsterdam, however, was unimpressed and has ordered that Apple refund the plaintiff the full price she paid for her device.

The Cupertino company must also pay interest on the phone’s full purchase price and cover the plaintiff’s legal fees.

The terms and conditions of Apple’s 1-year warranty and extended AppleCare+ coverage differ from one market to another. In the Netherlands (and the United States as well, for that matter), Apple’s repair policy states that the company may use brand new devices or parts or those that are equivalent to new in performance and reliability.

Apple had not appealed the decision at the time of this writing, but we’re fully expecting it to do so given that the Dutch ruling could set an important precedence that other customers may choose to cite in their own lawsuits.

Source: Rechtspraak (Google Translate)

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  • Charlie

    The floodgate has been opened…

  • igobythisname

    Bravo!! {hand clap}

  • techfreak23

    I would rather it be a manufacturer refurb from them which are practically new as opposed to a carrier insurance refurb. So is there going to be a lawsuit against Verizon or AT&T? They ONLY give you a refurb that’s not an Apple refurb and most of them have issues that Apple refurbs do not.

  • Jake Platt

    I didn’t know their replacement policy was to hand out a refurb in some countries. I’m in Australia and if you are having issues (I can only speak for the latest models at the time) and are within your 1 year warranty period, they give you a brand new phone replacement no questions asked. That’s really crappy that other countries get refurb replacements.

    • Greg S

      I just received a brand new replacement for my “ghost touching” 15 month old iP6+ from the Apple Store. The staff said my new phone had a 2 year warranty. Australia ftw.

    • Shinonuke

      We get refurbish everything unless the model doesn’t have refurbish unit

  • Loke1988

    Awesome that the way it should be with their ridiculous mark up. Ive had them give me new ones, or so I thought in different generic packaging. I was told it was brand new but I certainly have my doubts.

  • Michael Sweeney

    Starts off as a Slow clap and gradually becomes louder and louder, with increased frequency of clapping!
    Que whistles and cheers.

  • @dongiuj

    They did this to me in Japan twice in one month. It wasn’t until I saw the box they took the refurbished one out of that I questioned them if it’s new.
    Me: is that a new phone?
    So called genius: Ye…
    Me: it’s not, is it?
    “Genius”: no….but it’s as good as a new one.
    Me: can I have a new one please as I’ve paid for a new one and this is the second time in the first month since I’ve purchased your handset which they have had a problem through no fault of mine?
    “Genius”: we don’t have any.
    Me: hahaha~ You’re an Apple Store and I just saw a whole big stock of those phones in that cupboard you just took it from. Don’t you have any of your own new phones?
    “Genius”: no.
    Me: hahaha~ that’s ridiculous.
    “Genius”: sorry
    Me: are you? Fine, just give me that.

    • leart

      I suggest you next time buy a Samsung a live happy for the rest of your life

      • @dongiuj

        Not sure if you’re being serious or sarcastic?

      • leart

        it’s up to you 🙂

      • @dongiuj

        I guess it is.

    • leart

      android phones are better, even their customer service is superior in general.. I have yet to see one person complaining on Samsung customer care

      • Christopher Lim

        because it is non-existent.

      • leart

        so no one will complain . simple

    • leart

      Apple sux, android / Samsung rocks

  • ’bout damn time.
    Imagine this scenario:
    1. you shell out $650-$900 (either immediately or over time) on a brand new iphone
    2. 60 days later it flips out and needs replacing
    3. apple replaces it with a 2 year old used iphone that previously had been dropped in water.. now “repaired’ and “refurbished” by apple

    happens all day , every day.

    • 5723alex .

      refurbished are better than new.

      • and you plan to provide proof for this claim how?

  • ieatcalcium

    This is stupid.
    The iPhone was used when she damaged it, why should she get a brand new phone because she broke it? I mean yeah, she pays for the warranty, but what difference does it make? The battery and any defective parts get replaced in any refurbished iPhone anyways. You’re better off doing that than having Apple repair your screen.

    Less wait, new battery, and a phone without scuffs. Seems like people are so stingy. Who cares. You’re walking away with something better than what you had before you destroyed the damn thing.