Since it made its appearance on the market, the iPhone (the very famous Californian Apple smartphone), originally designed by the visionary Steve Jobs, has become the cult object for all technology enthusiasts and non-tech enthusiasts. It must be said that iPhones are not exactly very cheap, although the Cupertino company has launched less expensive models whose price, despite everything, often exceeds that of high-performance smartphones from other brands. This is why many people decide to buy a second hand iPhone. If you have decided to sell your Iphone in the thriving second-hand market, you should know exactly how to move.
Index
Do I need a written contract?
No written contract is required. In fact, in our system, the principle of freedom of forms [1] is in force. This means that, with the exception of some categories of goods, for which the law strictly requires the written form, private individuals are free to conclude their contracts even verbally.
You will understand that, however, it is always preferable to leave a written record of the transaction. A document, in fact, protects you more in the face of possible misunderstandings and future disputes. If you decide to stipulate a contract, therefore, you can write it either in your own handwriting (in duplicate) and you and the buyer will have to affix your signatures or, alternatively, it is possible to form an electronic document which must be digitally signed.
What should the contract contain?
A number of elements must be identified in the contract:
Does the guarantee for defects work?
It is good to point out right away that, rightly so, different rules apply to the sale of used goods between private individuals compared to those in force for professionals who sell consumer goods. In the sale of used goods, therefore, the seller is held responsible only for defects pre-existing the sale and not declared or even concealed [2]. Conversely, the seller is not required to provide a guarantee for the correct functioning of the goods over time.
For example, if the iPhone camera stops working properly after a few months and it does not depend in any way on the seller, the latter certainly cannot be held responsible. It is normal that, by purchasing a used good, you take the risk that it may stop working optimally at any moment.
Obviously, the case in which the fault was pre-existing but only came to light after the sale, through no fault of the buyer, is different. In this case, the buyer has to promptly notify the defect to the seller (within eight days), who will have to take charge of the repair or will have to reduce the price [3].
In other cases, it is assumed that the buyer has diligently examined the good and has accepted it in the state in which it is found. The advice is to obtain a written declaration from the buyer in which he declares that he has examined the goods and that he has not found any anomalies that compromise its use.
This different legal regime is justified by the desire to favor the sale of goods between private individuals, making all the provisions of the consumer protection code inapplicable which would otherwise make this type of transaction difficult. Obviously, nothing prevents the parties from agreeing otherwise, possibly also providing a guarantee for defects or good functioning for a certain period of time or even totally excluding it (but this must be proven in writing).
Also, if your iPhone is still covered by Apple's one-year warranty (or longer if you paid for an extended warranty at the time of purchase), your buyer will be eligible for Apple Support Dear.
Does the right of withdrawal work?
Also in this case, a different legal regime applies to sales between private individuals than that provided for sales governed by the consumer code: it is not possible to exercise the right of withdrawal intended as a right of reconsideration. This right, in fact, is provided only for a person who sells goods and services in a professional manner (such as a company) and in the event that the sale took place away from business premises or at a distance (the reference goes to online purchases or made by phone).
These are hypotheses in which the consumer, either because he was caught off guard, or because he did not have the opportunity to view the good before, was unable to adequately reflect on the purchase. In these cases, the law recognizes the right to change his mind, withdrawing within fourteen days (which become twelve months if the professional has not mentioned this right in the contract) from the conclusion of the contract or from receipt of the goods.
Do I have to issue an invoice for the purchase?
If it is an occasional sale, there is no need to issue an invoice as you are not required to pay VAT. A sales activity that occurs from time to time, without continuity, is defined as occasional.
Let's see some examples that can help clarify the concept in very simple terms.
If you decide to usually sell used mobile phones, perhaps purchased from other private individuals for that very purpose, then you must issue an invoice because I would be considered as a person required to pay VAT (and you will therefore be required to open your VAT number) .
If, on the other hand, you are a private individual who has simply gotten tired of his iPhone and wants to sell it, then you don't have to issue an invoice. However, if you want to keep track of the payment, you can draw up a payment receipt containing your data and those of the buyer, mentioning the object of the sale, the price, the date and your signature.
If you decide to use PayPal for payment, you do not need to issue any payment receipt because all the data will be recorded in the transaction. In case of payment by bank transfer it is instead necessary to expressly refer to the object of the sale in the reason for the payment.
Must the proceeds be declared to the Revenue Agency?
The sale of a used iPhone that you own does not constitute an operation that must be taxed. However, if the money flows into your current account, it could happen that the Revenue Agency can ask you for a justification of the movement. For this reason it is always useful to leave a trace (such as a written contract) that can provide a valid explanation of the credit.
How do I find a buyer?
There are various avenues you can take to find your buyer. Let's see them together.
Publish a post on Facebook
The first thing to do when you want to sell an iPhone is to check that there isn't already someone willing to buy it in your circle of friends and acquaintances. Surely, the sale will be favored by the fact that there is prior knowledge between the buyer and the seller.
If you want to do it this way, make a simple post on Facebook to communicate your intention to sell. For example, you could write: “For sale is my iPhone X, in mint condition with no scratches. The warranty is still valid. If you are interested, contact me privately for more information or photos.
Generally, this type of post gets great feedback right away, plus you don't have to tell everyone the asking price right away if you don't like it. Among other things, your friends might know someone looking for a used iPhone and put you in touch.
Alternatively, still using Facebook, you could sell through Marketplace, the social network platform that allows users to sell or buy goods.
Once you reach the main page of the social network from your browser, click on the word Marketplace which you find as the fourth item in the left column and then on the blue button "Sell something". Once clicked, a screen will appear where you can enter all the information relating to your item for sale.
Then enter the model of iPhone you are selling, report the state of wear and tear and if it has scratches or anything else (behave correctly by declaring all defects), communicate the presence of the guarantee or not and the packaging or any accessories (earphones , the usb cable to recharge it). Above all, insert many photos so that potential buyers can immediately see the state of the smartphone with their own eyes. Also specify if you are available for delivery or by hand or for shipping (in this case, also specify whether via Poste Italiane or via an express courier and the amount).
After these steps, you can start selling. In this case, obviously, the post will not only be seen by your Facebook contacts, but by the entire Marketplace community.
Vendi su Subito.it
Alternatively, you could publish an advertisement on Subito.it, one of the most popular free classifieds sites in the entire national territory.
Just click on the red button "Insert ad" to access the form to fill out with all the information relevant to your ad. Subito.it does not oblige you to publish a photo of the item for sale but, however, it is obviously preferable to insert images. On the other hand, if you were a potential buyer, wouldn't you think the seller has something to hide? It is normal to prefer those who, right from the start, show themselves to be transparent.
If you want, you can also make your mobile number visible but, if you rightly prefer to hide it, interested parties can also contact you via the platform.
Be careful though: it may happen that you receive messages from potential buyers who, in reality, are scammers. For this reason, pay particular attention to messages written in bad Italian and in which you are asked to send the smartphone to Africa. Above all, never ship before your account has been credited.
Sell in a shop
More and more phone shops are willing to buy your used smartphone. Of course, since they'll have to resell it themselves, don't expect them to make you a really competitive offer.
The advice is to prefer this route if you really need to sell, otherwise, wait a little longer and try to sell it privately: it will certainly benefit your wallet.
Backup
Your smartphone holds all your data, which is a good reason to erase everything about you before selling your old iPhone. Of course, make sure you've made a backup first, so you can keep all your information on your computer or possibly transfer it to your new phone.
You can find more information on this by consulting this article “Backup iPhone“.
iPhone and planned obsolescence
You will certainly have noticed that your smartphone, update after update, does not always improve its performance but, on the contrary, it makes it worse. It's a contradiction: if you update software to make it more efficient, why then does your iPhone always seem slower? This phenomenon has a name: planned obsolescence.
Simply put, smartphones are meant to last for a certain number of years and then have a drastic drop in performance. In this way, consumers are led to buy the new models more frequently.
To learn more about the topic, you can consult this link: Slowdown of old iPhones: 59 lawsuits against Apple.
Slow smartphone after update: what to do? WATCH THE VIDEO
notes
[1] Art. 1350 cod. civ.
[2] Art. 1490 code civ.
[3] Art. 1493 code civ.