Q: Three weeks ago I returned a mobile phone to the seller to have it repaired because it was not functioning well. The mobile phone is still under warranty. When I asked how long the repair would take, I was not given a specific time period but was told that the mobile phone needs to be sent abroad to be repaired. The seller offered me a replacement phone to use while mine was being repaired. However, this phone is of a very cheap quality and only has basic features.

I would like to know what rights I have in this case. Can I ask for a new mobile phone? I feel that the repair is taking too long.

A: The Consumer Affairs Act allows the seller to repair a product when it results defective. However, when a repair is opted for, it should be carried out within a reasonable period of time and should not cause a significant inconvenience to consumers. The fact that the seller has given you a replacement phone to use while yours is being repaired has reduced that inconvenience. Having said that, you have already spent three weeks without your fully functional mobile phone.

Hence, at this point you can inform the seller that if the repair is going to take much longer, you are going to refuse the repair and instead ask for a new phone. If, at this point, the seller refuses to tell you when the repair will be ready and also refuses to replace your defective phone with a new one, you may file a complaint with the Office for Consumer Affairs.

Should the seller manage to repair the mobile phone within the next few days, remember that you are entitled to an extension of the guarantee for the period of time the seller had the mobile phone in his possession to carry out repairs. It is in your interest to make sure that the expiry date of the guarantee is amended accordingly.