Consumer law when warranty has expired

Questioner

I bought an iPhone 11 plus from aMac in June 2020. This was an open box model with a €100 discount on the new price (€1160). It broke in December 2020, after which I received a completely new device from the insurance. Now in February 2022, 1 year and 1.5 months after receiving the new device, my phone broke. Testing the device in the aMac store has determined that it is a software error, the network antenna cannot connect to the SIM card, which means I cannot call, text or use the mobile network. Now my question is whether I can find a way to get the costs for replacing the broken device back through consumer law legislation, as laid down in the Civil Code. Unfortunately, the warranty expired 2 to 3 months ago. By the way, I went to the Apple Store itself, so without aMac, and they advised me to invoke consumer law because in their view this error should not occur on such a new device. I'd love to hear from you!

Lawyer

You may also expect the newly received device to correspond with justified expectations that you may have based on the purchase agreement (broad concept). You will therefore have to rely on the fact that there is a defect that was already there at the time of purchase/delivery. Although the legal guarantee has expired (reversing the burden of proof six months) does not change your argument. You are entitled to a product that meets your expectations, also taking into account the price/quality ratio. You can then claim repair, a similar replacement or termination. Your first point of contact is the seller.