Q: Less than three months ago I bought a mobile phone from a local seller. A few days ago I noticed a bubble at the edge of the mobile’s screen. This happened after a long telephone conversation which caused the device to heat up. Following this, the screen cracked. I immediately reported the problem to the seller who told me that the defect occurred not because the device heated up but because I must have dropped the phone. Hence, the seller is refusing to repair the phone free of charge.

I am sure that I did not drop the phone. In fact, the mobile is not scratched. If I dropped it the bubble would have appeared at the corner of the screen and not below.

What are my rights?

A: Since the mobile phone was purchased less than six months ago it is up to the seller to provide proof that the damage to the phone was caused through some kind of misuse or accident. In fact, the Consumer Affairs Act stipulates that “unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery”.

If you are certain that you did not drop the mobile phone, you may insist with the seller to provide you with a free of charge repair or replacement. Should the seller refuse your request, you may file a complaint with the Office for Consumer Affairs.