Apple lost in the case of replacing a new iPhone with a refurbished iPhone. The Danish Judge ruled against Apple based on the Danish Sale of Goods Act.
David Lysgaard purchased an iPhone 4 in 2011, but in 2012 he broke his iPhone, in exchange he was given a refurbished iPhone and was reportedly told the iPhone given to him was new. Lysgaard found out later that the replaced iPhone was not new, but in fact a refurbished iPhone.
Based under the Danish Sale of Goods Act, Apple cannot give a customer a refurbished iPhone to replace the original iPhone. Apple’s defense argument was that the original device manufacturer company could certify that the parts of the refurbished iPhone were as good as the new parts. But the judge sided with the plaintiff, the ruling was based on the fact that since the plaintiff purchased a new iPhone, and had all new parts, the refurbished iPhone could not possibly replace the new iPhone because of it’s used parts. Apple is planning to appeal this case because it believes that Lysgaard’s iPhone 4 was used when he purchased it.
Source info: phonearena.com