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

nikhsub1 Avatar
76 months ago
Little do they realize that Apple refurbs are generally better than new...
Score: 29 Votes (Like | Disagree)
Planey28 Avatar
76 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.
Score: 26 Votes (Like | Disagree)
Derekuda Avatar
76 months ago
Little do they realize that Apple refurbs are generally better than new...
That's extremely incorrect. But nice try.
Score: 21 Votes (Like | Disagree)
farleysmaster Avatar
76 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.
Score: 20 Votes (Like | Disagree)
BMcCoy Avatar
76 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?
Score: 20 Votes (Like | Disagree)
Bbqthis Avatar
76 months ago
Europe. Always focusing on the hard hitting issues.
Score: 15 Votes (Like | Disagree)

Popular Stories

Prosser Series 8 3

Apple Watch Series 8 Rumored to Feature New Design With Flat Display

Wednesday May 18, 2022 6:21 am PDT by
The Apple Watch Series 8 could feature an all-new design with a flat display, according to the leaker known as "ShrimpApplePro." In his latest video on the YouTube channel Front Page Tech, Jon Prosser highlighted information from ShrimpApplePro that suggests the Apple Watch Series 8 could feature a flat display in what seems to be a design originally rumored for the Apple Watch Series 7. ...
anker 563 dock ports

Anker's Latest USB-C Docking Station Brings Triple-Display Support to M1 Macs

Wednesday May 18, 2022 7:06 am PDT by
While Apple's early M1-based Macs can only officially support a single external display, there are ways around the limitation. Anker is launching a new 10-in-1 USB-C docking station today which delivers just that. The Anker 563 USB-C dock includes two HDMI ports and a DisplayPort port, and it leverages DisplayLink to carry multiple video signals over a single connection. Given that this hub...
macOS Monterey 2

Apple Releases macOS Monterey 12.4 With Support for Studio Display Webcam Update

Monday May 16, 2022 10:10 am PDT by
Apple today released macOS Monterey 12.4, the fourth major update to the macOS Monterey operating system that launched in October 2021. macOS Monterey 12.4 comes over two months after the launch of macOS Monterey 12.3, an update that added Universal Control. The ‌‌‌‌‌macOS Monterey‌‌ 12.4 update can be downloaded on all eligible Macs using the Software Update section of System...
Whatsapp Feature

WhatsApp to Let Users Leave Group Chats 'Silently' and View Rich Link Previews in Status Updates

Tuesday May 17, 2022 3:07 am PDT by
WhatsApp is working on a new feature that will allow users to "silently" leave group chats hosted by the messaging platform instead of all members of the group being notified when they do. As it stands, when someone leaves a group chat, WhatsApp announces their exit to the entire group, making the act of leaving very public. It's not possible right now to leave a group quietly, but WhatsApp...
apple data auction iphone privacy ad

Apple Highlights iPhone's Latest Privacy Features in New 'Data Auction' Ad

Wednesday May 18, 2022 9:00 am PDT by
Apple today shared a new ad highlighting iPhone privacy features like App Tracking Transparency and Mail Privacy Protection that are designed to give users more transparency and control when it comes to their personal data being collected. The ad revolves around a young woman named Ellie who discovers that her personal data is being sold at an auction house, with bids being placed on her...
airpodsproinear

Apple Facing Lawsuit After AirPods Allegedly Ruptured Child's Eardrums With Amber Alert

Tuesday May 17, 2022 11:40 am PDT by
Apple's AirPods ruptured the eardrums of a 12-year-old boy in 2020 when a loud Amber Alert was issued, according to a lawsuit filed against Apple in California (via Law360). The child, identified as B.G. in the filing, was watching a movie on Netflix on his iPhone in 2020 while wearing AirPods Pro. The AirPods Pro were allegedly set at a low volume, but an Amber Alert sounded without warning ...
apple store palo alto

Apple Reinstating Employee Mask Mandate at Approximately 100 U.S. Retail Stores

Tuesday May 17, 2022 11:11 am PDT by
Apple retail employees at around 100 stores will need to go back to wearing a mask while working, according to Bloomberg's Mark Gurman. Apple is mandating masks for employees again due to a rising number of COVID cases across the United States. Customers who visit an Apple Store are not required to wear a mask at this time, but Apple is continuing to recommend masks for all Apple Store...