Q: I purchased a mobile phone with a two-year commercial guarantee. Six weeks before the guarantee expired the phone stopped working. The screen went black and it would not switch on. The guarantee given by the seller specifically stated that the phone had a warranty of 24 months on material, design and workmanship and six months on battery.

When I returned it, the seller checked it was not a battery failure and after confirming this told me he would send the phone to the local agent for repair.

A few days later, I was informed that the phone had to be sent abroad and that this would take from six to eight weeks. Two months have passed and each time I call the seller I’m told it is on its way.

Since I returned the faulty phone before the end of the two-year warranty, if the seller does not manage to repair it, am I entitled to a new one at no extra cost? Should I keep on waiting for my to be repaired?

A: Since the phone was still under guarantee when it developed a fault, the guarantee period has stopped on the day you returned it to the seller for repair. Hence, both the commercial guarantee and the legal guarantee will remain valid until the mobile phone is returned to you repaired.

Once the phone is returned to you, the seller must extend the guarantee for the period of time he kept the it at him. If the phone cannot be repaired, you are entitled to ask the seller to replace it with a new one.

Since two months have already passed from the day you took the mobile phone for repair, you should send a registered letter to the seller and ask him to have it repaired or replaced without any more delays. If the seller does not offer you a prompt solution, you may then file a complaint with the Office for Consumer Affairs.