They sold me a refurbished phone!

I purchased an iphone 11 earlier this month, I was told it’s a new phone.

I asked if it was a second hand and they said “no, they are new phones”. I believe I asked more than twice and the 2 ladies said it was a new phone. Even on my warranty card, they failed to state that as well .

A couple of days later, it started giving me problems, that’s when I noticed that it was a refurbished phone. I looked for their number on the warranty card. When I couldn’t find it, I decided to look in the receipt, that’s where it’s written that it’s refurbished. I took it back and they gave me a different one. Now this new one has started giving me issues, too. I want my money back so I can go buy a phone somewhere else. What steps can I take since I’m sure they won’t want to refund me?

This is totally unacceptable.. Firstly, they sold you a refurbished phone as new. Section 13 of the Act says that a supplier “who offers used goods shall 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”. Do you think they know that the penalty for breaking this Section of the Act is a fine up to P50,000, 3 years in prison or both?

Secondly, their warranty card says that their warranty on the phone is only for 3 months. That’s strange as Apple offer a 12-month warranty on their products. It’s also nonsense because Section 15 of the Consumer Protection Act says that a consumer “has the right to receive goods which are of good quality, in good working order and free of defects” and Section 16 says that if they’re not of good quality, a consumer “may return goods to a supplier … within six months”.

I’ll get in touch with them.

Update: The reader messaged me saying “The shop called me to come and collect my money. Thank you very very much.”