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Order Error iPhone

Wirnig Posted messages 1 Status Member -  
MPMP10 Posted messages 47331 Registration date   Status Member Last intervention   -

Hello,


I had an issue with my iPhone 12 that I ordered from Backmarket over 2 months ago. I decided to send it for repair to the third-party seller on Backmarket, they were supposed to repair it and send it back to me in 3 days. It took almost a month before they decided to send me a phone back. So that was already a big hassle for me for a month. They told me they were sending a phone back, but then it turned out they made a mistake and sent a defective phone that I have to refuse upon delivery or return the package. So another hassle. I received a text message that I need to give to the delivery person for this defective phone, but when the delivery time came, I wasn't present, and they delivered it to my concierge without even asking me to sign or even asking for the code. Out of curiosity, I opened the package of the so-called defective phone, and it turns out I received 3 working iPhone 12s. I initially kept quiet, but then I told them I received one iPhone and it works perfectly, and I won’t be returning the package. Two weeks later, they are demanding the return of the 3 iPhones or 2 if I keep one, and to either pay the difference or return them. What should I do considering the hassle I've had with them? Knowing that I didn’t sign for anything, what should I do? And what are the risks if I don’t return anything?

Best regards


3 answers

  1.
    MPMP10 Posted messages 47331 Registration date   Status Member Last intervention   18 957
     

    Hello,

    The risk is the court...

    2
  2. Wirnig
     

    Article L121-12 of the Consumer Code and Article R635-2 of the Penal Code.

    0
    1. foulq Posted messages 1584 Registration date   Status Member Last intervention   399
       

      There is the article and there is the moral...

      0
      1. Wirnig > foulq Posted messages 1584 Registration date   Status Member Last intervention  
         

        Of course, but given how they treated me, their morals aren't really there.

        0
  3. Wirnig
     

    Well, I didn't sign anything, and it's entirely their fault. And according to the penal code, I am in no way obliged to return the items.

    -2
    1. foulq Posted messages 1584 Registration date   Status Member Last intervention   399
       

      Hello,

      Since you are citing the penal code, why are you asking this question: "what are the risks if I don't send anything?"

      Give us your references (penal code) and share your knowledge with us...

      1
    2. MPMP10 Posted messages 47331 Registration date   Status Member Last intervention   18 957
       

      Except that in your case, there is an order.

      Article L121-12

      It is prohibited to require the immediate or deferred payment for goods or services provided by a professional or, regarding goods, to require their return or their retention, without them having been the subject of a prior order from the consumer.

      2
    3. foulq Posted messages 1584 Registration date   Status Member Last intervention   399 > MPMP10 Posted messages 47331 Registration date   Status Member Last intervention  
       

      Yes, everything is said.

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    4. MPMP10 Posted messages 47331 Registration date   Status Member Last intervention   18 957 > Wirnig
       

      I had a problem with my iPhone 12 that I ordered from Backmarket over 2 months ago. I decided to send it for repair to the third-party seller on Backmarket who was supposed to repair it within 3 days and send it back to me. It took almost a month before they decided to send me a phone back. So it was already a big hassle for me for a month. They told me they were sending a phone back, but then it turned out they made a mistake and sent a defective phone instead.

      It all started with one order...

      Even if they made a mistake, regardless, this equipment does not belong to you.

      1
    5. Afrikarnak Posted messages 17653 Registration date   Status Contributor Last intervention   14 519 > MPMP10 Posted messages 47331 Registration date   Status Member Last intervention  
       

      Re:

      Be careful with the return. This kind of equipment is stolen very often!

      Inform the Store that you have both phones available at your place. Make an appointment for pickup and prepare a document confirming the pickup of the 2 iPhones (Note their IMEIs) at such address, on such day at such time..

      If the return is carried out normally and there is a 'loss' during transit, it will be your responsibility.

      Talk soon!

      1