Q: If I purchase a product online, such as a smartphone, and this is covered by a two-year warranty, if something happens to it during the warranty period, can I go to the local agent and ask for free repair?

I found myself in a situation where I bought a smartphone online and when I contacted the local seller to complain about a defect, I was told he was unable to repair my mobile phone and that I needed to contact the company where I bought the phone from. Is this true? What rights do I have?

A: When consumers purchase products from a foreign seller and the latter issues a commercial warranty, it is the foreign seller who is responsible for the warranty given and not the local seller, who happens to sell the same brand.

Consumers may go to the local agent to request a remedy if the product bought carries an international warranty, which specifically names the local agent as the guarantor responsible for providing the remedies stipulated in the guarantee. Hence, if the mobile phone you purchased does not carry an international warranty, if you have a problem with it, you need to sort it out with the foreign seller.

If the foreign seller operates from an EU member state, then he is legally obliged to provide you with a free remedy if the product he sold you is defective or does not conform to the contract of sale.

The time limit to claim a remedy is two years from the date of purchase. Should you not manage to resolve the problem with the foreign seller, you may seek the help of the European Consumer Centre Malta.