Q: A year-and-a-half ago, I purchased a mobile phone which is currently not switching on. Since it is still under guarantee, I decided to take it back to the shop where I bought it.

The shop’s technician says it has corroded and its main board is completely damaged due to the corrosion. For corrosion to take place, the mobile phone has to be soaked in water and I do not recall this happening.

The seller is insisting it is corroded and is saying such a problem is not covered by the guarantee. The only thing the seller offered me is a reasonable price on a new mobile phone.

But why should I buy a new phone when I did not cause the damage and when it is still under guarantee? What are my legal rights?

A: If the seller is insisting you have caused the damage to your phone because of the corrosion, and you do not agree, then you must prove him wrong. Besides the commercial guarantee, there is also the law that protects your purchase for up to two years from the date of delivery.

However, this legal protection only covers defects that were neither caused by the consumer, nor by wear and tear.

In the first six months from the date of purchase, if the seller thinks the damage has been caused by you, he must prove so.

In your case, since the mobile phone was purchased over six months ago, and since the seller is insisting you have caused the defect, you need to prove otherwise.

You may take the phone to an independent technician and get a second opinion about the origin of the defect. If the latter finds another defect that has nothing to do with misuse or wear and tear, you can then insist on your legal right to have the mobile phone repaired or replaced for free.

If, at this point, the seller still refuses your request for a remedy, you may lodge a complaint with the Office for Consumer Affairs.