Q: Two days ago, I bought a smartphone worth over €600. After the first day of use, I noticed a rattling sound when handling the phone. I took the phone back to the seller who told me the noise was normal and that there wasn’t anything wrong with it.

I told him I wasn’t happy with my purchase and wanted my money back. The seller refused my request. I am therefore stuck with an expensive mobile phone I no longer want.

Since the mobile phone was only used for one day, am I entitled to ask for a money refund? Does the cooling-off period apply to such purchases?

A: If, really, there isn’t anything wrong with the mobile phone and it is working well, then legally you are not entitled to any remedy. Money refund is a legal remedy that can only be requested when the products purchased are either defective or not in conformity with the contract of sale.

Furthermore, a cash refund is the last remedy consumers may opt for, when neither repair nor replacement are possible solutions.

If you do not believe the seller telling you there isn’t anything wrong with the phone, you can seek a second opinion. However, it’s important you do not let anyone try to repair the mobile phone, as the seller may then argue that it was tampered with while being still under guarantee.

Regarding the cooling-off period, it only applies when goods are purchased through a distanct means of communication, such as via internet, telephone, catalogues or door-to-door seller.

When we buy goods directly from shops, we do not have the legal right to change our mind afterwards. We can only return bought goods when they are defective or not in conformity with the contract of sale.