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'If this case goes against Apple then they should probably stop with replacements altogether and just repair the defective phones no matter how long it takes.'
If Apple (or any other) does not repair or redeliver in a fast and convenient way, the costumer can demand the original purchase price back - even after 24 months. Basically Apple would violate the original purchase agreement and the law if they did as you suggest.
In other words if you want to sell your goods in Denmark. You better deliver what you promise and are obligated to by law. If you need to repair or redeliver. You better do it in a fast and convenient way or you will have to pay every single penny back to the costumer.
Apple is not without lawyers. They should know the law and abide by it. No one is forcing Apple to sell in Denmark or the rest of the EU. Everybody else abide the rules - Apple should do so too.
sog35 said:HPDK said:sog35 said:This is pretty dumb.
This is like buying a car. Then your car has a recall 2 years latter. And you demand a brand new car.
If your car is recalled the car dealer is obligated to fix it. (but if he can't then you get your money back - I think that is fair, don't you?)
But if teh car is 2 years old you won't get the price you paid for it. They will deduct depreciation.
They should do the same for iPhone.
You already got the benefit of using the phone for 2 years. There is no reason to give you a new phone.
I get your point and depreciation is a part of danish law, however, in this case it would normally not be applicable.
As I talk about elsewhere in this discussion Apple are at fault for not getting the consumers consent in using used parts, if the consumer agreed no problem but they didn't get his consent.
The danish/EU two year mandatory has many aspects. One is to insure products of a high quality. A buyer has a reasonable law substantiated expectation that a product will be free of defects for 2 years. A seller should not be selling substandard phones. Strong consumer protections makes it a bad business model to sell bad products. I'm not saying Apple makes bad products - I use two iPhone's, two Mac's, an iPad and an Apple TV. I am, however, saying, that It should be part of your business plan to follow the law and be honest with your costumers. If they choose their lawful right to repair/redelivery you should honor the law and do so. The law is not new and it's your choice to do business in that jurisdiction.
And just to be clear - Apple can still handout refurbished phones in Denmark, they just have to get consent from the consumer.
Furthermore no one can demand a brand new phone or money back if Apple repairs the original in a quick and timely manner.
In this case I personally would probably have gone with the refurb. I generally trust Apple's refurb phones and I like the feel of a new phone. In other cases with minor defect I would want my original product back or my money back. I know that I treat my tech well and don't want a 'Frankenstein's Monster' put together of several dead and defective machines.