Q: A few weeks ago I purchased a mobile phone for my son. The dealer signed a guarantee form for a six-month period, which I also signed. On the other hand, the warranty card that came with the product quotes a warranty form of 12 months, although it says, 'Authorised dealers and authorised service centres in EC countries will comply with the warranty on the terms issued to purchasers in the country concerned'.
About a year later, the mobile developed a fault and became inoperative. The dealer quoted a price of €45 for repairs.
Considering the high cost, we collected the broken mobile and refused repairs. Does the two-year legal guarantee apply in this case, since I signed a six-month warranty form upon purchase? If so, how can I go about it?
A: The guarantee the retailer gave you upon purchase and the legal guarantee are two different things. Regardless of the type of guarantee the trader offers a consumer upon purchasing a product, the product purchased is always protected by law in that it must be fit for its purpose and should be in conformity with the description and specifications in the contract of sale.
The length of this protection is two years and if, within these two years, the product results faulty and no longer functions as it should, the consumer has the right to request either free repair or replacement.
If neither of these is possible, the consumer may ask for a refund of part of the price or revocation of the contract, which means full money refund.
This protection does not cover defects that result from normal wear and tear or faults that were apparent at the time of purchase.
In your particular case, since the mobile phone resulted faulty after six months from the date of purchase, you may need to prove that the mobile phone had a latent defect at the time of purchase, as after the first six months the burden of proof is on the consumer.
Having said that, you are still, however, protected by law and no retailer can take that away from you.
At this point, what you need to do is speak to the retailer once again and 'remind' him about the two-year legal protection.
If he still refuses to provide you with free repair, you may then file a complaint with the Consumer and Competition Division by calling Freephone 8007 4400.