A court in the Netherlands ruled that Apple violated the law on protection of consumer rights, providing the client with a restored iPad tablet, used, in exchange for a new one, which didn’t work properly.
The plaintiff purchased an iPad Air 2 in 2015. The device was a marriage of Wi-Fi module. After complaints on the issue with the gadget, Apple exchanged it for another, second hand and restored.
In accordance with Dutch law, defective product that cannot be repaired, must be replaced by a new equivalent product or money must be returned. This allowed the plaintiff to win an argument with Apple turning to the organization for the protection of the rights of consumers.
“If a plaintiff purchased a rebuilt or replaced iPad Apple could replace it with a restored or replaced, – said in the conclusion of the court. – However, the customer in this case bought a new iPad. She has every reason to to replace the new iPad.”
The judge emphasised that the restored device can’t be qualified as new. According to the court the shopper can cancel the purchase and get your money back.
At the end of last year, a similar suit was won by the owner of the iPhone 4 in Denmark. The trial went on for 5 years. Apple even tried to take revenge by submitting to the buyer at the court. However, the court called the plaintiff’s legitimate expectations, adding that the refurbished iPhone could not be viewed as new.
