Q: Ten months ago I bought a tablet from a retail shop with a one-year commercial guarantee. A few weeks ago, I took it back to the seller as  it was not working. After some hassle, the seller finally agreed to replace the defective tablet with a new one. He also offered me the possibility to choose a different  brand if I wanted to. In fact, I decided to do so and I paid €40, as the model I chose was more expensive than the original tablet.

When I finalised the replacement/purchase, the salesperson informed me that the warranty of the previous tablet is being carried forward on the new tablet and I therefore only have two months warranty on the replaced tablet.

I would like to know if such a practice is legal? Especially considering the fact that I opted for a different brand and paid more money for the replacement.

A: Since the tablet was exchanged with another model during the guarantee period, and since it was your choice to opt for a model that was more expensive than the one originally purchased, then the original guarantee continues and you are not entitled to a new commercial guarantee.

In your query you mention that the original tablet carried a one-year guarantee. May I remind you that your purchase is also protected by the two-year legal guarantee. Hence, if the replaced tablet develops a fault after the one-year commercial guarantee expires but before the two-year legal limit, you may still be entitled to request a free remedy from the seller.

It is therefore important that you keep the proof of purchase in case you need to claim one of the remedies provided by law.

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