Q: I purchased a mobile phone and it has a fault. The phone still works but the screen remains black when it boots up. Since the phone is still under the six-month commercial guarantee I was given, I took it back to the seller and asked to have it repaired.

However, the seller told me that the warranty does not cover broken LCD screens. He also told me it might be my fault because of the scratches on the phone. These are minor scratches from everyday use and I don’t think they should have caused such damage.

I am now stuck with a broken mobile phone that is still covered by a commercial guarantee that the seller does not want to change or repair. He told me he is only ready to repair it if I pay for the repair.

What are my rights? I am not ready to spend more money on a phone that is still covered by a guarantee.

A: First of all, you should check exactly what the phone’s commercial guarantee covers and what it does not. It should also be determined whether the defect in the screen was a hidden one or has been caused through some kind of misuse on your part.

If the latter is the case, then you do not have the right to free repair. Even the Consumer Affairs Act does not provide any remedies for any kind of misuse or accidental damage.

If, however, you are certain you did not cause the damage and the mobile phone has not been purchased more than two years ago, then legally you can request a free remedy from the seller.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
General enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt

Office hours for the public:
Monday, Tuesday, Thursday and Friday from 8.30am to 12.30pm; Wednesday from 8.30am to 4pm.

European Consumer Centre Malta
(For complaints against traders in another EU member state)

47A, South Street,
Valletta.
VLT 1101

Tel: 2122 1901
E-mail: ecc.malta@gov.mt

Office hours for the public:
Monday to Friday from 8.30am to 3pm.

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