Q: One year and 10 months ago, I bought a mobile phone from a local seller. I was given a two-year commercial guarantee on this phone. Two months ago, I returned the phone to the seller because it was not switching on.

I was informed that the phone needs to be sent abroad and it would take approximately 10 days to be repaired. To date, two months later, I still haven’t received back my phone. The seller kept telling me that they are waiting for parts. They now offered me a new phone, my same model but in a different colour. They offered me a white model but I refused it, as my original phone was black and I wanted another black one. They say that they do not have the black version in stock so I have to wait.

Can I ask for a refund or a different phone model?

A: Since the mobile phone was still covered by the two-year guarantee when you made your claim for a remedy, if it cannot be repaired or replaced with a similar model, then the law entitles you to ask for a cash refund.

With regard to opting for a different model, that is something you have to reach an agreement on with the seller.

You should be aware that if a product is replaced during the guarantee period, the guarantee does not start all over again but the original one continues to apply.

Hence, if your original phone had two months’ guarantee left when you reported the problem, the new phone would only have two months’ guarantee, both legally and commercially.