Dutch Court Orders Apple to Replace Customer's Broken iPhone With New, Not Refurbished, Model

broken_iPhone_6A judge in Amsterdam has ruled in favor of a Dutch woman [Google Translate] who sued Apple for refusing to replace her broken iPhone 6 Plus with a new model, and instead offering her a refurbished model as per its standard policy.

The court nullified the purchase agreement and ordered Apple to refund the woman the full €799 that she paid for the iPhone, which was purchased in December 2014 and stopped functioning nine months later in August 2015.

Apple being ordered to refund the purchase price plus interest and pay all of the woman's legal fees was specific to this case, but it is the precedent that could be set in the Netherlands and possibly elsewhere that is more important.

Apple's standard one-year limited warranty and extended AppleCare+ policies for iPhone in both the Netherlands and the U.S., and most other countries, explicitly state that repairs or exchanges may involve devices or parts that are either new or "equivalent to new in performance and reliability," otherwise known as refurbished.

It is common practice for Apple to replace defective iPhones with a refurbished model consisting of both new and recycled parts, and only rarely does the company provide a brand new replacement on a case-by-case situation. The court's decision in Amsterdam, however, could force Apple to change its policies.

The court filing in the Netherlands does not indicate if Apple plans to appeal the decision, but it would not be unprecedented for the company to exhaust all avenues in an effort to overturn the ruling. Apple has not publicly commented on the matter.

In 2011, facing pressure from regulators, Apple revised its warranty replacement policy for iPhones sold in South Korea, offering customers returning their defective phones within the first month of ownership the option of receiving a brand new replacement rather than refurbished units as had been standard policy.

(Thanks, Coen and Jasper!)



Top Rated Comments

(View all)
Avatar
29 months ago
Little do they realize that Apple refurbs are generally better than new...
Rating: 29 Votes
Avatar
29 months ago

That's extremely incorrect. But nice try.


Lol. I've had two replacement iPhones from Apple, both refurbs, that were in perfect condition.

My brand new 4s was shipped with a broken haptic motor and my 5s shipped with dirt under the screen. The refurbs of both were flawless.
Rating: 26 Votes
Avatar
29 months ago

Little do they realize that Apple refurbs are generally better than new...

That's extremely incorrect. But nice try.
Rating: 21 Votes
Avatar
29 months ago
Is there any evidence to show that refurb iPhones are in any objective way inferior to 'new' iPhones?
Function? Appearance? Lifespan?

Or is it all in the perception?
Rating: 20 Votes
Avatar
29 months ago

Lol. I've had two replacement iPhones from Apple, both refurbs, that were in perfect condition.

My brand new 4s was shipped with a broken haptic motor and my 5s shipped with dirt under the screen. The refurbs of both were flawless.

It makes sense. The refurbs should be more extensively tested.
Rating: 20 Votes
Avatar
29 months ago
FYI When a device breaks down (In the Netherlands) within 2 years and the manufacturer/seller can't repair the device the manufacturer/seller must provide a new device by law, not a refurb one.

That's what you get for selling in a nanny state.


WTF is this about, the manufacturer/seller of a product SHOULD make it so that what they sell does not break down within a set period of time, an iPhone should last for a minimum of 2 years, if that is not the case Apple can try to fix it and if that is not possible they should provide a NEW one, not a refurb.
Rating: 15 Votes
Avatar
29 months ago
Europe. Always focusing on the hard hitting issues.
Rating: 15 Votes
Avatar
29 months ago
That's what you get for selling in a nanny state.
Rating: 12 Votes
Avatar
29 months ago

Is there any evidence to show that refurb iPhones are in any objective way inferior to 'new' iPhones?
Function? Appearance? Lifespan?

Or is it all in the perception?


It is 99% perception.

It makes sense. The refurbs should be more extensively tested.


Exactly. As someone who has had a phone replaced during the first year, and one who buys day one iPhones, (meaning I get mine on launch day), typically the refurbished models have not only been extensively tested, but are no longer the initial batch of parts, which can sometimes have slight tweaks to them
Rating: 12 Votes
Avatar
29 months ago

Europe. Always focusing on the hard hitting issues.


It makes each peace of technology last longer if every manufacturer knows he has to replace faulty units for free with brand new units for two years. I don't see what is wrong with that or calling it nanny state or whining. Just don't make crappy electronics. Its pro-consumer politics.
Rating: 12 Votes
[ Read All Comments ]