Nowadays almost everyone owns a mobile phone. In fact, having such a device is no longer considered a luxury but an indispensable necessity.

Hence, when problems crop up with these gadgets, we are usually desperate to resolve them immediately. As consumers of such devices, we may face two main problems: technical ones with the actual handset or problems with the telephony service.

When a mobile phone stops working, first of all, we need to identify whether the problem originates from the device or from the service provider.

If it is the phone that is faulty, we need to speak to the trader who sold us the handset. As consumers, we should remember that the goods we buy must be as described by the trader, fit for the purpose for which goods of the same type are normally used and show the quality and performance which are normal in goods of the same type.

When this is not the case, we are entitled to claim a free remedy. The person responsible for providing such a remedy is the seller.

When a mobile phone is defective and the defect is not the result of misuse, we may first ask to have the mobile phone repaired for free.

If repair is not possible or may cause a significant inconvenience, then we may ask for a replacement. A money refund may be claimed in cases whereby neither repair nor replacement are possible or cannot be carried out without causing a significant inconvenience to consumers.

When retailers decide on additional charges, they must inform customers about them before processing the payment

If the problem concerns the mobile telephony service, our complaint needs to be addressed to the service provider. When a problem is not resolved immediately, we need to put it in writing and send our complaint letter by registered mail. If we are not receiving the service we are paying for, we should complain immediately and if the problem remains unresolved, we may terminate the contract agreement with the service provider without incurring any penalties or charges.

What consumers cannot complain about are terms and conditions they have agreed to when signing the mobile telephony contract.

It is our responsibility to read the conditions we are committing to. We should first make sure that we know for how long we are committing ourselves and how much we will have to pay each month.

It is also important to find out if we have to pay a penalty if we change our mind and want to get out of the contract before it expires.

We should also look out for penalties that may apply if payments are not carried out within the stipulated time.

We should be aware that service providers may change the terms and conditions we agreed to. If this happens, the service provider is legally bound to inform its clients and give them a 30-day period of notice, during which they may opt to terminate the contract without incurring any penalties.

When complaining with the service provider or the trader who sold us the mobile device, it is important that we clearly explain what the problem is and how we want it to be solved.

If our complaint is not handled and solved within a reasonable time, we may then file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

This office will try and achieve an amicable settlement through mediation.

Should this not suffice, we will be given the possibility to take our case to the Consumer Claims Tribunal.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.