If you buy a new phone that malfunctions you should receive a new phone that does not.
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Danish Court Rules Apple Must Replace Man's iPhone With New Rather Than Refurbished Model
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Well there is a reason that Apple support is legendary for its consumer friendliness. In most cases, if it has been just a few weeks, the folks at the Apple store are just going to give you a new one. They don't have to, but Apple knows that many people buy Apple, and pay the "Apple Premium" because they know that they will be well taken care of at their Apple store. I've never had a problem with the iPhone, but folks take it for granted that you can take any product into an Apple store and for free they will diagnose it for you, regardless of warranty expiration. Last year I took my 2011 iMac into an Apple store because I was periodically hearing a clicking noise upon start up. They checked it out while I waited and told me what I feared: my HD was starting to fail. They told me that it would be over $200 to repair and replace, but that since this was an item that had an extended repair period (to 2013), they would be glad to fix it for free even though it was long past any warranty period. Their only "complaint" was that I had unnecessarily carried it through the mall to them, and they encouraged me to call them next time and they would pick it up. Insanely great customer service!
This was such a stupid decision. Apple always replaces the external casing and the battery when they sell or replace a device that has been refurbished. The boards are always inspected. I doubt that guy could ever wear out those boards. I've got an original day one iPhone that is still going. Is Apple going to have to keep manufacturing their old devices, or keep a huge amount in inventory just in case? This is just wasteful. I've had more problems with brand new iPhones than I've ever had with refurbished. If anything they seem to be more rigorously tested!
Folks, it doesn't set any precedent. Newsflash- Danish consumer ruling doesn't control laws in rest of the world. You won't be able to go to small claims court in US or elsewhere and say "Three Danish civil servants said I should get a new phone." Unless you want to be laughed out of court.
Exactly. There are different costs of doing business in various countries so to maintain margins prices differ; TNSTAAFL. Consumers wind up paying for things like longer arranges, extended return periods, etc.
In addition if consumers show a willingness to pay more for a product then companies will raise prices accordingly.
That the device was used is very likely irrelevant: the replacement was most likely granted due to a manufacturing defect, which means the device was assumed to have been defective already at the time of purchase. For such replacements according to the law the replacement good must be in conformity with the original contract, not in whatever state the device is returned.
I don't think even Apple contested that the consumer was entitled a device in conformity with a new iPhone, it only claimed that the refurbished model did conform, but the court disagreed.
Everything that matters is new new. Glass, battery, enclosure.
People forget here that your warranty transfers over, and if you have one day of warranty left then your 90 day service warranty kicks in.
"Apple disagreed with the Consumer Complaints Board's decision in 2014 and sued Lysgaard, arguing that refurbished iPhones are produced and tested in the same way as new iPhones. Apple also said refurbished iPhones undergo rigorous tests and strict quality control. Apple can now appeal the judgment with a higher court."
That's why new and refurbished iPhone have the touch disease. Weak QC tests.
That's why new and refurbished iPhone have the touch disease. Weak QC tests.
This guy has too much free time. I've had better luck with refurbs then even the new ones many times. Its not like it physically used with dirt, scratches etc. Within the first 14/30 days they should swap it out with a new one but under warranty a refurb is just as good maybe better and will not effect the resale value.
You really should know more about what you're talking about, hint legal systems aren't all either Civil Law or Common Law (tertium non datur). Precedent does play a role in Danish law. Here is some suggested reading: http://www.cisg.law.pace.edu/cisg/biblio/lookofsky15.html
Cars under a manufacturer warranty do not use refurbished parts. The only caveat to this is major unit replacements. So if your engine or transmission has an issue, it will be repaired with new parts or if the whole unit is replaced then the case or block are reconditioned but the internals are all new. Typically, the warranties on these units are well beyond the factory warranty of a brand new car.
You don't get it. Apple is trying to be generous to consumers. You don't seem to understand that there are costs that the rest of us don't want to pay because you want to stick it to Apple. Consumers end up bearing the costs.
If you had your way here's what would happen:
1) the rest of us would have to go without a cell phone while we wait for Apple to repair ours.
2) Instead of getting a refurbished phone with a new battery, new outer shell and completely reconditioned by Apple with a new warranty, after waiting for our repair, we'd be limited to getting our repaired phone back with an old battery, up to two years old if we have Apple care!!, a used case with whatever scratches, etc, were on it, and with non-reconditioned internals
3) We'd all pay higher Apple Care and other costs to cover the tiny minority who don't care about the costs to other consumers because "I want it!"
Thankfully, your vision will never take root in the USA, but it's a good critical thinking exercise.
As far as I can tell the battery has been new in my refurbs. I still have an iPhone 5 that I got as a refurb replacement about 3 months before I got my 6. It had an AMAZING battery -- far better than the one I sent back. I still use it every couple of weeks and it is like brand new (minus the slow iOS from updating)
He thought his consumer rights were being violated and actually the court agreed with him. To some people such things are worth much more than time or money, thankfully.
Well, then good job Macrumors.
If it has no bearing or sets no precedence then who cares? I guess what's more newsworthy is that Apple is even entertaining this instead of just giving him a new iPhone 4.
Yup. And then when someone hits my car, I should get a new replacement of same model and year, or better and/or newer.
Careful, I think your neighboring countries might have thing or two to say about that.
Yeah, okay.
How is apple being generous giving the same crap with "refurbished" titled?
It's their country. If you can't roll with it, you can roll out.
Apple care is privilege...if you don't want to pay for already high pricing apple care then don't buy it. You aren't apple staff who works with financial sector. How do you know if this is what leads to higher pricing.
If this was replaced under warranty in the first short window of time - perhaps 30 days? 60 days? - then the notion of replacing new with new is very reasonable. However, if it had been used for 12 months first then it really wasn't new anymore... and replacing it with a substantively similar but fully working device is appropriate. The expectation of replacing a damaged/faulty device with one that has never been used is both unreasonable and a recipe for problems.
Great point. My concern with replacement of a new device would be people actively seeking a warranty exchange before the end of AppleCare plus to sell their "new" device prior to an upgrade and therefore driving the cost of warranty up.
Well, in Denmark the minimum legal warranty is 2 years (as in most of the EU). If a product is replaced you get another 2 years, and if it is repaired the repair is covered for 3 years. Other European countries have mandatory 3, 5, and even 6 year warranty periods. "90 day service warranty" -- that's cute.
Ref: http://www.europe-consommateurs.eu/...RT-_GUARANTEE/tableau_EN_Legal_commercial.pdf
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Or it could lead to companies producing higher quality items.
