Q: I recently purchased a new mobile phone but after a few weeks I had to take it  back to the seller because it had internet problems. The seller kept the mobile phone to have it checked by his technicians. When the mobile phone was fixed I went to pick it up and noticed that it had a big dent on its frame. The seller eventually admitted the mobile phone fell during the repair. The seller is offering to replace the dented frame but I am afraid that he may use a second hand part to do so.

I would like to ask whether instead of a repair I may ask for a replacement of the mobile phone with a new one or a full refund?

A: As the mobile phone was damaged by the seller during a repair, the latter is responsible to replace the damaged part at no additional cost to you. If you are concerned that the seller may use a second hand part, you may request the seller to confirm to you in writing that the damaged part was replaced with a new and original part.

You may request a replacement of the damaged phone if the repair is either not carried out properly, or if in order for it to be carried out it will cause you a significant inconvenience. A full refund of the money paid for the phone may be demanded if the damaged phone can neither be repaired nor replaced.