These terms apply to every order you place with Phoney. Tap a subject to reveal the full clause. Last updated: January 2025.
These terms are issued by Phoney and apply to every transaction through www.phoneywastaken.nl.
3.1 These terms apply to every offer by Phoney and all agreements formed via www.phoneywastaken.nl.
3.2 Before an order is finalized the full text is provided and the Customer must explicitly accept it.
3.3 Phoney may amend or supplement the terms; the version published on the website at the time of ordering applies to that agreement.
3.4 Deviations are valid only if agreed in writing between Phoney and the Customer.
4.1 Each offer contains a complete and accurate description of the product, including refurbished grading, cosmetic and technical condition so the Customer can assess it properly.
4.2 Images are illustrative; Phoney strives to match the chosen grade but small variations fall within the grade boundaries.
4.3 Obvious mistakes, programming errors, typos or pricing errors do not bind Phoney. Orders may be cancelled if product information, stock status or pricing is incorrect.
4.4 Products are sold as fully functional unless stated otherwise. Battery, cosmetic and technical details are shown on the product page and elaborated in Article 5.
4.5 Offers remain valid while stock lasts. If stock proves unavailable after ordering, Phoney informs the Customer promptly and cancels without charge or offers an alternative.
4.6 Offers may include conditions such as limited validity or limited stock; these are clearly stated.
5.1 All devices are refurbished: professionally checked, tested and, if needed, reconditioned following a fixed inspection procedure covering battery, buttons, cameras, sensors, speakers, microphones and ports. Components are repaired or replaced when required.
5.2 Cosmetic grades describe the exterior only, not the technical performance:
Images are illustrative and may vary within the range of the chosen grade.
5.3 Devices are delivered fully functional (touchscreen, Face/Touch ID, cameras, audio, sensors, buttons, ports) unless stated otherwise. Future iOS compatibility, especially for older models, cannot be guaranteed.
5.4 Battery conditions:
Natural battery wear over time is not non-conformity unless the battery is defective.
5.5 Included accessories are listed on the product page, may be new or refurbished, and are fully functional. This can include cables, chargers, cases, screen protectors or other items.
5.6 Minor variations in cosmetic state, battery reporting or traces of earlier repairs are common in the refurbished industry and are not non-conformity if they fall within the described grade.
5.7 The Customer must inspect the device upon delivery and report discrepancies within a reasonable time so Phoney can provide a solution.
6.1 Prices include VAT and exclude shipping unless stated otherwise. Shipping costs are shown clearly during checkout.
6.2 Phoney may adjust prices at any time; the price shown at the moment of ordering applies to that agreement.
6.3 Apparent errors or mistakes, including programming or typographical errors, do not bind Phoney. Orders based on incorrect pricing may be cancelled with a refund.
6.4 Optional upgrades or additional products, such as a new battery or accessories, are listed and charged separately. All extra costs are shown before checkout is completed.
6.5 Promotions, discounts or temporary offers apply only during the stated period; afterward the promotional price can no longer be claimed.
7.1 The agreement is concluded when the checkout process is completed and payment succeeds. The Customer receives an order confirmation by email.
7.2 If payment fails, no agreement is formed and the order is not processed.
7.3 Phoney may refuse or cancel orders in case of obvious errors in price, stock, product information or technical condition, or if misuse, fraud, resale or non-personal use is suspected. Payments are refunded.
7.4 The Customer is responsible for correct and complete personal data. Phoney is not liable for damage caused by inaccurate information such as wrong delivery addresses.
7.5 After completing the order the Customer receives a digital confirmation. If payment succeeded but no confirmation was received, the Customer must contact Phoney.
7.6 If a product is unexpectedly unavailable after ordering, Phoney cancels the order free of charge and refunds the full purchase price without further liability.
8.1 Payments on the website must be made immediately via the provided payment methods.
8.2 Phoney uses an external payment provider. Customers are redirected to a secure payment environment and Phoney has no access to sensitive payment data.
8.3 The agreement takes effect only after payment has been completed and confirmed by Phoney.
8.4 If a payment is reversed, refused or otherwise fails, the order is cancelled and no delivery takes place.
8.5 Refunds are processed via the same payment method unless agreed otherwise.
8.6 Unjustified chargebacks may result in Phoney recovering any associated costs from the Customer.
8.7 Orders on invoice for businesses or institutions are only possible after prior approval and must be paid within the stated term.
9.1 Orders are shipped to the delivery address provided by the Customer, who is responsible for supplying accurate details.
9.2 Orders are dispatched once payment is received and confirmed. Delivery times are indicative and non-binding; delays do not entitle the Customer to compensation unless unreasonable.
9.3 Phoney uses external carriers. Tracking updates are shared once the parcel is scanned by the carrier.
9.4 The risk of damage or loss transfers to the Customer once the parcel is received. Before delivery, Phoney remains responsible.
9.5 If a parcel is refused, uncollected or misaddressed and returned to sender, any additional shipping costs are charged to the Customer.
9.6 If a product turns out not to be deliverable, Phoney informs the Customer who may cancel free of charge or choose an alternative.
9.7 Pre-orders, limited stock or backorder items may have different delivery times, which are clearly stated on the product page.
10.1 Phoney guarantees that the delivered products comply with the agreement, the product page specifications and reasonable expectations for the selected refurbished grade.
10.2 Statutory consumer rights regarding non-conformity remain in full effect. Customers may claim repair, replacement or refund if the product does not conform and the cause is not attributable to them.
10.3 Phoney is not responsible for damage or defects caused by misuse, drops, impacts, water damage, unauthorized repairs, software modifications, jailbreaking or damage occurring after delivery.
10.4 Normal signs of use, limited cosmetic wear and natural battery degradation within the grade description do not constitute non-conformity.
10.5 Customers must report defects within a reasonable time and present the device intact, unlocked and without iCloud locks. Failure to remove accounts or passcodes may delay handling.
10.6 If the product malfunctions within a reasonable period after delivery and the defect is not the Customer’s fault, Phoney provides repair or replacement at no cost. If repair is impossible, Phoney may offer an alternative or dissolve the agreement with a refund.
10.7 Phoney may refuse repair requests or charge costs if investigation shows the defect was caused by improper use or circumstances excluded from warranty.
11.1 Consumers may withdraw from an order within 14 days after receiving the product without giving any reason, provided it is in the same condition as delivered.
11.2 During the cooling-off period the Customer must handle the product carefully. It may be inspected as in a physical store but not used in a way that causes depreciation.
11.3 To exercise the right of withdrawal the Customer must notify Phoney in writing via email within 14 days of receipt and will then receive return instructions.
11.4 The product must be returned within 14 days after the withdrawal notice. The Customer bears the return shipment and related costs unless agreed otherwise.
11.5 Returns must include all accessories, cables, packaging and documentation. Missing items may lead to a deduction for depreciation.
11.6 Devices must be fully reset, unlocked and free of iCloud or other locks. Returns with active locks or passcodes can be delayed or refused.
11.7 Phoney refunds the purchase price within 14 days after proper receipt of the product. Any depreciation caused by damage or use may be deducted. Refunds are issued via the original payment method.
12.1 Returns are only accepted after prior registration via email and after receiving instructions.
12.2 The product must be returned complete, including accessories, cables, documentation and, where available, the original packaging. Missing parts may result in depreciation or refusal.
12.3 Devices must be reset to factory settings, unlocked and free from Apple ID, screen locks or other security. Locked devices delay or prevent handling.
12.4 Returns must be packaged securely. Damage caused by inadequate packaging is the Customer’s responsibility.
12.5 Phoney recommends insured shipping with tracking. The Customer bears the risk of loss or damage during return transport until Phoney receives the product.
12.6 Upon receipt Phoney inspects the device for identity, condition, functionality, reset status and damage. If it meets the return conditions, the request is processed under Article 12 or 11.
12.7 If inspection reveals damage or discrepancies, Phoney may apply depreciation, charge repair costs or refuse the return. The Customer is informed in writing.
13.1 Phoney is not liable for damage caused by improper use, drops, impacts, water damage, incorrect accessory use, software modifications, jailbreaking or third-party repairs performed without permission.
13.2 Indirect, consequential or business damages (including lost profit, data loss, missed opportunities or inability to use the product) are excluded.
13.3 Phoney is not liable for loss or theft after delivery, including damage arising from unauthorized use or lost security credentials.
13.4 Phoney is not responsible for software limitations or changes by Apple or other parties, such as discontinued iOS support or removed features.
13.5 Total liability is limited to the purchase price of the product concerned unless mandatory law provides otherwise.
13.6 If a product proves defective upon delivery and the Customer reports this in time, Phoney will arrange repair, replacement or refund in line with Article 11.
14.1 Dutch law exclusively governs these terms and all agreements between Phoney and the Customer.
14.2 Phoney prefers to resolve disputes amicably. Complaints can be submitted via the contact form or email; Phoney responds within a reasonable period. The contact form can also be downloaded as a fillable PDF via this form.
14.3 If a dispute cannot be resolved in consultation, it may be submitted to the competent court in the district where Phoney is established, unless mandatory consumer law dictates otherwise.
14.4 Consumers residing in the EU may also submit disputes via the European Commission’s ODR platform. Participation by Phoney is not obligatory.
15.1 Phoney is not liable for delays, shortcomings or failures if caused by force majeure: circumstances beyond its control that temporarily or permanently impede performance.
15.2 Examples include internet or telecom outages, cyber or DDoS attacks, governmental measures, pandemics, labour conflicts, carrier strikes, infrastructure failures, natural disasters, fire, flooding, theft or damage during transport beyond Phoney’s fault, and disruptions at suppliers or carriers.
15.3 Obligations are suspended while force majeure continues. If it lasts longer than 30 days, both parties may terminate the agreement without compensation.
15.4 If Phoney has already performed part of the agreement when force majeure occurs, that part may be invoiced separately and must be paid as if it were an independent contract.
16.1 All trade names, brand names, logos, domain names, images, texts, product descriptions, graphics, designs and other content on the website are owned by Phoney or used with permission.
16.2 Customers may not copy, publish, edit, reproduce, resell, commercially exploit or distribute these elements without prior written consent, unless legally permitted.
16.3 Scraping, automated data collection or reuse of website data for comparison sites, commercial databases or price comparison services is prohibited.
16.4 Using the website does not grant any licence to the intellectual property rights of Phoney or third parties.
16.5 Infringements may result in liability for damages and/or criminal enforcement.
17.1 Phoney reserves the right to amend or supplement these terms. Changes take effect upon publication on the website unless stated otherwise.
17.2 Orders placed before a change remain governed by the version applicable at the time of purchase unless the Customer expressly agrees to the new terms.
17.3 If changes are required by law or necessary for security reasons, they may be implemented immediately without prior notice.
18.1 If any provision is wholly or partially invalid, void or unenforceable, the remaining provisions remain in force and a replacement clause will be created that best reflects the original intent.
18.2 Phoney may transfer rights and obligations under the agreement to third parties if necessary for performance (e.g. logistics providers, payment processors or repair partners). The Customer may transfer rights or obligations only with prior written consent.
18.3 These terms form an integral part of every agreement. By placing an order the Customer declares to have read and agreed to them.
18.4 Failure by Phoney to enforce a right or provision does not constitute a waiver and does not affect the possibility of enforcing it later.
18.5 These terms are drafted in Dutch. If translations are provided, the Dutch version prevails in case of interpretation differences.
Need help? Email us at info@phoneywastaken.nl. The Dutch version prevails if translations differ.