Liability for Telephone Repair

Questioner

I bought a phone and it was returned to the factory and now he has damage and when returning the device he does not (I have it in writing) who is liable for this?? the store and the carrier point to each other and I'm stuck in between

Lawyer

You probably had an agreement with the store to repair your phone. Damage has occurred to your phone, which means that the store has failed to comply with the repair agreement. The store is therefore liable for breach of contract (Article 6:74 of the Dutch Civil Code), the damage caused by the carrier is at the risk of the store because it was an assistant (Article 6:76 of the Dutch Civil Code). The store could possibly recover the costs from the carrier if it caused the damage, but that has nothing to do with you. In this case, the store itself is liable. So: you can hold the store liable for this. I hope that my answer is of use to you and that your damage will be compensated soon.