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Order Error iPhone

Wirnig -  

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

    Hello,

    The risk is the court...

    1. 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.

      1.  foulq

        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...

      2.  MPMP10

        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.

      5. Wirnig
        @MPMP10

        Except that it was not an order in any case it was. I did not order 3 iPhone 12. It was just a return.

    2. Wirnig

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

      1.  foulq

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

      2. Wirnig
        @foulq

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