Phone bought from Italy

Q: While on holiday in Italy I purchased a mobile phone with a commercial guarantee. The phone needs repair as it has developed some faults and is not working properly. Can I take the mobile phone to the brand’s local repair centre? Can I ask the local agent to honour the commercial guarantee given to me by the Italian seller?

A: Prior to buying such a product from a foreign country, it was your responsibility to check about the commercial guarantee and who its guarantor was. The guarantor is the person/company whose contact details are included on the commercial guarantee documents and who is responsible for honouring the terms and conditions of the guarantee.

If the name of the local agent was not written on the guarantee, you should have asked whether it can be repaired by an agent in Malta. Usually, when buying a product from abroad, we should ask for the international guarantee, whereby the authorised dealers are listed.

If no local service centre is mentioned on the guarantee, you should speak to the Italian seller and ask them how you can get the phone repaired as soon as possible and at no extra cost.

You should remember you have legal rights that specifically state that the seller is responsible for the product sold. Hence, the seller is liable to repair or replace products that are defective. The seller must also cover any expenses related to the repair or replacement, such as transport and postage charges.

If you do not manage to reach an amicable solution with the Italian seller, you can file a complaint with the European Consumer Centre Malta. This office handles disputes with traders operating from another EU member state.