Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Maybe if you thought about it for a few minutes rather than calling an entire nation idiots, you might be able to work out that the law doesn't just apply to Apple? Apple refurbs might be just as good as new but that doesn't mean every single company that sells things in that country has good refurbs all the time. The law is there to protect people from the worst businesses, not the best.

While that may be true, ramifications of this pointless lawsuit/court ruling are just going to make Apple products more expensive, without any improvement in quality.
 
Last edited:
When your dishwasher or fridge breaks down, do you demand a brand new one rather than repair it?

If so, you can look forward to Apple jacking up the prices if you live in one of those countries. You can't even tell if the remanufactured device isn't new.

Enjoy living in your nanny state (and pay for it).
You keep saying Nanny state. Are you okay?

A dishwasher isn't a personal device like a watch, phone, computer. But oh you get a brand new replacement part to fit in your existing washer. That's what happens. So Apple should put a new replacement part in your broken phone ideally? I agree. They should.
 
You keep saying Nanny state. Are you okay?

Just calling it what it is. Don't like the sound of that, then tell your country not to act like a nanny.

A dishwasher isn't a personal device like a watch, phone, computer. But oh you get a brand new replacement part to fit in your existing washer. That's what happens. So Apple should put a new replacement part in your broken phone ideally? I agree. They should.

I was just making a point, because some members make it sound like a repaired device is the worse thing ever. Here in the US, all they're obligated to do is repair it. I suppose Europeans should quit complaining why they pay more.
 
Little do they realize that Apple refurbs are generally better than new...
Little do you realise - they shouldn’t be. These ‘exhaustive tests’ that nobody actually knows about, that should be what happens to new product. If it doesn’t then it speaks more about poor quality control than it does a good refurb program.
 
So, she used the phone for 9 months, and then it broke. Her used iPhone broke. How do either she or the court justify the idea that she should be entitled to a shiny new one as a replacement for what was a nine-month-old iPhone? A refurb should be no worse than her previous phone (prior to it breaking).

Exactly. The purpose of warranty is to make the consumer whole as at the time the defect manifested itself. That phone rattling around in your pocket, with coins and keys and all the other stuff in your pocket ain't new anymore. These so-called "consumer protections" are basically just a way to manifest anti-corporatist feelings.
 
Exactly. The purpose of warranty is to make the consumer whole as at the time the defect manifested itself. That phone rattling around in your pocket, with coins and keys and all the other stuff in your pocket ain't new anymore. These so-called "consumer protections" are basically just a way to manifest anti-corporatist feelings.
Or maybe a way to rebalance the scales? You know, all those corporations that deliberately release sub standard products, ones that have defects that they know about before they even hit the shelves. These so-called "consumer protections" are basically just a way to manifest anti-consumer feelings.
 
Or maybe a way to rebalance the scales? You know, all those corporations that deliberately release sub standard products, ones that have defects that they know about before they even hit the shelves. These so-called "consumer protections" are basically just a way to manifest anti-consumer feelings.

And Europeans are paying more for these so-called "customer protections."
 
As a someone who put in a good 5 1/2 years at a fruit stand "Remanufactured" devices especially iPhones have the best quality testing/assurance out of any other device. You need to realize that "new" phones get batched tested, If one single phone passes then the line will let the entire batch go for sale without getting checked. Remanufactured iphones are built from perfectly functioning parts of previously "new" phones, that someone got swapped out at the bar. You're still getting a brand new screen/battery/unibody enclosure. These devices are individually tested for quality, and are more likely to give you less headaches than a "new" device.
 
Little do they realize that Apple refurbs are generally better than new...
My most reliable Macs, the Pro and mini, were both purchased used. My least reliable Macs were new and failed within less than 2 years. There's not nearly enough data to support it, but it makes sense. If it's been working fine for 2 years, it'll probably work fine for 10 years. And if it's refurbished, they're more careful to make sure it isn't screwed up out of the box.
 
Whilst I'm sure refurbished phones are of "as new" quality, there is something about the fact I could pay £700 for a brand new phone today, and after 30 days, experience a fault that leads to me receiving a replacement handset that is actually six months old that just feels wrong.

Yes its perception, but when you buy a premium product, you should expect a premium service.
 
  • Like
Reactions: fulles2000
H

How can you tell the difference if they do not disclose to you whether it is new or refurbished?

a new device will come sealed in a box with all accessories. Also a refurbished device can have blemishes, you are no guaranteed one that is "perfect"

Don't get me wrong, I buy refurbished from apple, I think the quality is great, but legally apple know what they are selling me and I know what I am buying.

People who explain that refurbished is better than new .... Meh...heck buy a used car, on the same premise it will have had more inspections and checks than a car than is brand new.

From my experiece , refurbished "replacement" iPhones are excellent quality, passing for new , that a user could not tell the difference. Legally they are refurbished though...and some need to look at the dictionary definition what that means, hence this law case....
 
  • Like
Reactions: H2SO4
And Europeans are paying more for these so-called "customer protections."

Sigh. At least we then can make assumptions of what we are getting for our money. In a total "non-nanny state", you would pay less for the phone, but if it stopped functioning after an unreasonable amount of time, you'd just be "out of luck"? Or I suppose you could drum up the vigilante and march to the company and take matters into your own hand?

When a product fails within a certain ("unreasonably short") time after buying it, Dutch law states that the customer is entitled to a free repair. I'm sure even in your non-nanny state, this is the case. According to the article, Apple said "the phone can't be repaired". In that case, Dutch law says "OK - then you must supply a new phone to the customer." Apple then said "we won't - we'll give her a used one." She then said "well that's not OK with me, I'd like to annull the original purchase agreement and get a refund." That's what happened. She didn't "sue for damages" or "emotional distress" (which seems to be quite common in a certain non-nanny state).

You could argue that the law could have said "in case the product can't be repaired, the seller must provide a similar product, or a similarly used product" - but this opens up a can of worms. You'll get one with a scratch on the screen and they could say "well yours had a scratch on the back - that's similar" etc.

Apple could argue "refurbised is as good as new", but when you buy a new phone, you would not settle for a refurbished one (at the same price) either. The law both exists to protect customers, but also to provide an incentive for corporations to "do the right thing" in the first place. When you buy something, you should be able to have the reasonable expectation that it'll work as advertized. You don't want a way for corporations to "weasel out" by sending out used old crap until the customer gets tired and shuts up.
 
Its funny to read how different americans and europeans are in regards of things like these. Perception is all different. must be a cultural thing
 
That's fine. The Netherlands wants more waste, and also wants to make Apple spend extra money because of some absurd "depreciation" as if it's a car, so just raise the price in that country and be done with it.

Bad logic. Apple and other electronics manufacturers can always sell the refurbished pieces to the market instead of shoving them down a customer's throat. 'But few are interested in refurbished pieces so the market is small' I can hear you retort. But that precisely is my point. Few buy refurbished even when cheaper; many prefer new pieces. That's why the lady bought a new and not a refurbished in the first place! Why punish her by giving her a piece she specifically opted not to buy in the first place?
[doublepost=1468391611][/doublepost]
Awesome all the people trying to explain refurbished is better than new.
These are Apple fanboys whose reflex reaction is to defend Apple and think later.
Apple gives back refurbished pieces because it's hard to push them even while cheaper than brand new. Having nowhere to take them, they force them on their customers. Not cool
[doublepost=1468391784][/doublepost]
Why would it be incorrect? Electronic components, if they fail at all, tend to fail early in their lifetimes. As long as Apple is providing new batteries and the few other components that do actually wear out, a refurb should actually be better.
Which begs the question; since refurbs are eternally and infinitesimally better than new pieces, why can't Apple sell them at a premium above brand new pieces?

And another one. Since refurbs are better, shouldn't Apple be offering clients the option of replacing a damaged device with either a brand new or refurbished?
[doublepost=1468392078][/doublepost]
Each refurb model goes through individual testing, instead of random units off the assembly line. So there is the likelihood that the quality of a refurb is higher than a new unit. I have never once had a problem with a refurb unit, but have had countless problems with NIB models. I have even gone out of my way to request a refurb within 14 days vs. a new boxed unit.
Fair enough. Would you pay for a refurbished a premium above the price of a brand new because refurbs are better or are more likely to be better than brand new pieces?
 
Fair enough. Would you pay for a refurbished a premium above the price of a brand new because refurbs are better or are more likely to be better than brand new pieces?

Would I pay extra for a refurb, no.
Would I pay extra for a NIB unit that has been tested as thoroughly as a refurb, probably.

But I don't see how this is relevant because there is a warranty in place. Now if you could never get a replacement unit, then yes, I would definitely pay more, knowing that the probably of something going wrong is smaller.
 
Would I pay extra for a refurb, no.
Would I pay extra for a NIB unit that has been tested as thoroughly as a refurb, probably.

But I don't see how this is relevant because there is a warranty in place. Now if you could never get a replacement unit, then yes, I would definitely pay more, knowing that the probably of something going wrong is smaller.
Why wouldn't you pay more for a refurb yet you are strongly convicted it's better than a new piece?
 
Sigh. At least we then can make assumptions of what we are getting for our money. In a total "non-nanny state", you would pay less for the phone, but if it stopped functioning after an unreasonable amount of time, you'd just be "out of luck"? Or I suppose you could drum up the vigilante and march to the company and take matters into your own hand?

Out of luck? I'm pretty sure there's no law in the US requiring manufacturers to provide warranty, yet all major products sold in the US typically have at least a one-year warranty. That's pretty much non-nanny so you're exaggerating.

You'd like to believe that you'd have it much worse if you do it the US way, but we get remanufactured iPhones that are just as good as new. You get brand new iPhones instead and guess what, it'll cost you more money in the end.

There's no free lunch and all costs are passed to the customer, and that's you.
 
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?

There is no evidence and no perception.
They are the same.
I think they are just new iphone they call "refurbished".
 
Why wouldn't you pay more for a refurb yet you are strongly convicted it's better than a new piece?

Did you continue reading my post? I went on to explain why. If there is a warranty that offers replacements, why would you pay more? Again, if there was no warranty, then yes, I would pay more to make sure the device is thoroughly inspected.
 
It seems that the judge did not care either way. They relied on ECJ precedent and decided that because the phone itself broke within the warranty period and because Apple did not rebut the pursuer’s assertions about the cause of the defect (after 6 months the burden of proof is upon the consumer to prove that the defect was there), that this should be deemed a non-conformance that warrants a rescission. They did not decide on the question whether a refurbished or repaired device is sufficient.
The article says the phone was purchased in December and stopped working in August, so since this was in the EU, it would have been up to the customer to rely on the one year manufacturer's warranty (refurbished phone, replacement unless it's obviously your fault) or the seller's legal obligations (which may have been Apple; around two years and up to the customer to prove the defect was present at the time of sale).

Anyway, Apple sells phones for cost + profit. If they are forced to give brand new phones out under seller's warranty, that increases the cost and will increase the price. Alternatively, since you can buy a phone and return it without any reason, which turns it into a refurbished phone, if Apple can't use these phones for warranty replacements then they might stop offering you the chance to return the phone if bought in a shop.
 
Bad logic. Apple and other electronics manufacturers can always sell the refurbished pieces to the market instead of shoving them down a customer's throat. 'But few are interested in refurbished pieces so the market is small' I can hear you retort. But that precisely is my point. Few buy refurbished even when cheaper; many prefer new pieces. That's why the lady bought a new and not a refurbished in the first place! Why punish her by giving her a piece she specifically opted not to buy in the first place?
[doublepost=1468391611][/doublepost]
These are Apple fanboys whose reflex reaction is to defend Apple and think later.
Apple gives back refurbished pieces because it's hard to push them even while cheaper than brand new. Having nowhere to take them, they force them on their customers. Not cool
[doublepost=1468391784][/doublepost]
Which begs the question; since refurbs are eternally and infinitesimally better than new pieces, why can't Apple sell them at a premium above brand new pieces?

And another one. Since refurbs are better, shouldn't Apple be offering clients the option of replacing a damaged device with either a brand new or refurbished?

Yeah, the reality distortion field is strong amongst some.

Let em dream every unit is throughly tested by a celestial virgin with perfect eyesight and 0% tolerance for defects / faults .
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.