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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 791
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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I purchased a reconditioned iphone 4 from a store in France

Customer Question

I purchased a reconditioned iphone 4 from a store in France which did function corretly after purchasing. I Googled the same phone on Amazon & also found it was purchaseable for half the price I paid. I returned it to the store from which I purchased it asking for a refund. They said they would re repair it and kept ignoring the fact I said I wanted a refund. Today they've phoned me to say they've re repaired it BUT I don't want it. Wh a t are my rights. Am I entitled to a refund? Part of the problem with the pool hone is a common weakness with them, so the chances of it going wrong again are likely. Please help me!
Submitted: 6 months ago.
Category: French Law
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
My phone number:05 63 40 57 96
Expert:  T Perrin C replied 6 months ago.


I understand your problem as:

After buying a reconditioned Iphone 4 from a store in France, you discovered that it would have cost you half the price from Amazon. Therefore, and not because the phone did not work, you wanted a refund. Is that correct?

Did the store publicize a "lowest price guaranteed" deal? If yes, did you check the conditions of the deal (usually it applies to comparisons with "mortar-and-timber" stores in the same geographical area - in a given number of km radius)?

Customer: replied 6 months ago.
Firstly, I initially wanted a refund because of the faulty phone.
After prchasing it as ready for use and finding it was not, I felt I wasn't able to trust their repair service. It was when I got home & my son - totally unknown to me - went on line & found Amazon offered the same phone reconditioned, at half tge price I paid. Basically my gutt feeling is I have lost confidence in the company I bought the phone from.
Customer: replied 6 months ago.
sorry, in reply to your 2nd question, no they did not publisise a lowest price guarantee.
Customer: replied 6 months ago.
sorry again. I miss typed my initial question! It should have read 'I purchased a reconditionef iphone 4 in France which did NOT function correctly.....' after purchasing it I walked outside the store waiting for my husband to collect me in the car. He didn't come so I used my newly purchase phone to call him. Immediately it wasn't functioning correctly but thought it was just a 'blip'. We went home immediately & it was then my son discovered it was faulty & it hadn't been 'just a blip'.
Expert:  T Perrin C replied 6 months ago.

Unfortunately, from a legal point of view, pricing of appliances like the telephone is not regulated. All you can demand from your seller is a functional telephone, as per the guarantee offered. But you cannot demand that the price difference with Amazon or any other retailer, online or otherwise, be refunded. This would not be a legal matter but simply a matter of obtaining a commercial gesture. Or of never doing business with this company again.

As you will see on Amazon itself, offers for the same type of reconditioned Iphones often vary by 40 to 60%..., with no price being legally enforceable for such product (as it would be for new books)...

Customer: replied 6 months ago.
Having done more research I find that as from this September the I.O.S. which is the platform Apple uses, will br updated, so the iphone 4 is not to be included in this upgrade, so will quickly leave my phone useless, as to updating it. I am not computer whatever literate as wasn't aware of this but for certain the company I biught the iphone from, would have been. Does this help?
Expert:  T Perrin C replied 6 months ago.

Again, I am sorry... This is quite irrelevant to the matter at stake. Many IOS updates and improvements over the past few years could not be impletemented on Iphone 4's. This does not forbid the sale of Iphone 4's, provided they work as Iphone 4's...

This would help only if the seller had wrongfully advertised that this phone (an Iphone 4) had the same capacity than more modern Iphone 5 or 6 which are much more expensive... In which case you would have been cheated. If the seller candidly sold you the reconditioned Iphone 4 as an Iphone 4, which it is, his only legal obligation is to ensure that it works normally as an Iphone 4.