Q: I would like to know what my rights are regarding a mobile phone I bought in May 2013 from a local seller, costing around €700. The phone came with an extended three-year warranty, for which I paid an extra €55.

After a year, the phone started having trouble with its charging port, so I took it back to the seller to have it fixed. It was sent to the mother company and after three weeks was replaced with a reconditioned one.

After six months, the replaced phone was also developing problems with its charging port, so I returned it to the seller, who this time promised to replace it with a new phone. However, six weeks later, I was offered another reconditioned phone. I accepted the phone and did not take the case further.

A few days later, the replaced phone also had problems and eventually became unusable. Once again, I went to the seller and returned it. Now they want to send it again to the mother company to wait for its go-ahead to replace it.

Am I legally entitled to a brand new phone or to a refund?

A: Consumer law stipulates that when a product results defective and cannot be repaired, it should be replaced with a new product.

Hence, when your phone was not functioning well and the seller offered to replace it because it could not be repaired, it should have been replaced with a new one and not with a reconditioned one.

At this point, since the seller has already attempted to replace the defective phone several times and this did not solve the problem, you may legally opt to cancel the contract of sale and ask for a refund.

If the seller refuses to provide you with such a refund, you may file a complaint with the Office for Consumer Affairs.