Q: My son gave me a mobile phone as a Christmas present. Six weeks later, it developed a fault, so I returned it to the shop where it was bought from.

The salesperson took the phone and told me their technician would have it checked, promising I would be given a reply in two days.

In the meantime, I was offered an old phone as a temporary replacement to my brand new and modern model.

A week passed and no one contacted me. I called the seller and was informed that my phone could not be repaired locally and that it had to be sent abroad.

I wasn’t happy about this and told them I should have been informed. I also argued that since the mobile phone was only purchased a few weeks ago, it should be replaced not repaired. Was I entitled to make such a request?

A: Even though the phone was only purchased a few weeks ago, legally the seller may opt to first try and repair it before replacing it. What consumer law stipulates in this regard is that the chosen remedy does not cause significant inconvenience to the consumer.

This is not your case, because the company provided you with a temporary phone you can use until yours is repaired. Having said that, the seller is still obliged to carry out the repair within a reasonable time.

If the repair proves inadequate or will take a relatively long time, you may then insist to have the phone replaced.

If, at this point, the seller still refuses to replace the mobile phone, you may then file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

I would also like to remind you that the time during which your phone is being repaired should be subsequently added to the guarantee.