Is my phone new? (An update)?

A few weeks ago, a reader of complained about a phone she bought. She said:

“I bought my iphone XR from a store, they claimed it was a new phone, but the battery health wasn’t 100%, also the model number - according to Apple community - was a refurbished phone. A month into using the phone, it kept crashing. I had to sent it back to them and they claimed it needed a software update, which wasn’t true because I had already updated it. It also came with a damaged box and no charger.”

And they informed me that a cellphone shop at Square Mart was their supplier, and the supplier was not willing to assist with the query. They claim that it has been 8 months with the phone. I showed them the complaint I sent them about the phone being refurbished in January, hardly 3 weeks after buying it. So, they are the ones who didn’t escalate my issue well on time with their supplier, and that isn’t my problem. I told them I still demand a new phone and not a refurbishment. They said they’ll call you so you help them hold their supplier responsible.”

My reply a few weeks ago was simple. I said: “Firstly, selling a refurbished phone as new is illegal, contrary to Section 13 (1) of the Consumer Protection Act which says that a supplier must “inform a consumer that the goods sold are used goods by … placing a label on the goods that indicates that such goods are used goods (and) placing a notice on the invoice issued to a consumer”.

Secondly, do they really think consumers can’t identify a refurbished iphone when they see it? It’s simple. If you check the model number of an iphone, the first letter describes its origin. If it starts with M, it’s new, F means refurbished and N, like in your case, means it was a replacement phone. Someone in the world returned their new iphone to an Apple store and it was replaced with the phone you now have. And guess what? Most replacement phones have been refurbished.

Next, like you, I really don’t care about their relationship with their supplier. That’s their problem, not yours.”

The latest update is that the store is still refusing to do the right thing. They’ve told their customer that I wasn’t able to help them with their supplier so nothing can be done to help her. That’s silly. Ridiculous. Nonsense. While I’m sympathetic to their situation, their business dealings with their supplier are their business, not yours and not mine. I’ve contacted them again and asked them whether they really think it’s acceptable to treat a customer this way?