Q: I recently bought a wireless keyboard and mouse and these malfunctioned within the one-year commercial warranty period.

When I went to the seller to return them, I was informed the model I had was updated and replaced by a new model that was more expensive than the one I had bought.

I was then told they could only replace the faulty keyboard with the new model and that I had to pay the difference in price. I was also told the warranty would continue to apply from the date of my original purchase.

Can the seller make me pay the difference in price even though it is not my fault that the model I purchased is no longer stocked?

Is it true that the warranty continues from the date of my original purchase or does it apply from the date of replacement?

A: In this case, you are covered by the one-year commercial guarantee the seller gave you when you purchased the keyboard, and you also have specific legal rights.

If you are making a claim under the commercial guarantee, you are entitled to the remedies available under this guarantee. However, the commercial guarantee cannot diminish your legal rights, which, in this case, entitle you to either have the keyboard repaired or replaced for free.

Legally, you are not obliged to accept a different model and pay the difference in price. If a similar model of the same value is not available, you can ask for a money refund.

When a defective product is replaced with a new one, the original commercial and legal guarantees continue. Legally, you are entitled to an extension of the commercial guarantee equivalent to the period of time the seller kept the keyboard until the problem has been solved.

But in your particular case, the seller is offering you a different keyboard as a replacement and is asking you to pay the difference in price. You are not legally entitled to a new guarantee, but since you are being asked to pay an additional sum for the new keyboard, you can try and negotiate with the seller for a new commercial guarantee.

If the seller refuses, you can claim your legal right for a money refund since neither repair nor replacement with a similar model are available solutions.