Q: My daughter recently bought a mobile phone from a local retail outlet. She is having problems when using the internet and the mobile phone sometimes reboots automatically.
We contacted the shop owner about this problem but he is refusing to take any action. The mobile phone is still covered by the commercial guarantee offered to us upon purchase. Does my daughter have any legal rights in such a situation?
A: First of all, it should be determined whether the fault you are experiencing when using the internet is a result of a fault within the mobile or of a virus you may have encountered while browsing the internet.
If the latter is the case, then legally you are entitled to free repair or replacement. You may also wish to consult with your internet service provider on this matter.
Should the faults you are experiencing be the result of an inherent defect within the phone, and if the phone has been purchased within the past two years, you are legally entitled to free repair or replacement.
Should neither of these two remedies be possible or, if opted for, may cause you significant inconvenience, you may request part or full refund of the money paid for the phone.