Buying a mobile phone

Q: I have just bought a mobile phone for €300. When I went home I realised I had chosen the wrong model because when I tried to use it, it was too complicated for me.

I would like to go back to the shop and change it. Obviously, the phone is still brand new, and I still have the box and the plastic packaging the new mobile came with.

Do I have the right to go back to the shop and ask the trader to change it or give me a refund? Is the 15-day cooling-off period applicable when buying mobile phones? What are my rights?

A: When consumers decide to buy something they enter into a sales contract which, legally, cannot be cancelled if they change their mind or realise they have made the wrong choice.

Legally, once a sales contract is finalised, it can only be cancelled if there is something wrong with the item purchased, or if it is not according to what was agreed during the contract of sale.

In your case, however, it does not seem there is anything wrong with the phone you bought. You basically chose the wrong model. In such circumstances, the law does not offer legal rights.

Having said that, you can always go back to the shop, explain what your problem is, and try to persuade the seller to allow you to change it with another model. However, I would like to emphasise that it is entirely up to the seller’s discretion whether to agree to change it or not.

The 15-day cooling-off period only applies when consumers purchase goods through a distant means of communication, such internet, teleshopping, telesales, catalogue shopping, or door-to-door selling.

Since this is not your case, you do not qualify for this cooling-off period.