Consumer rights banished, fragmented

Q: On August 8, 2008, I bought a mobile phone from a local company. On December 19, it stopped working. Since a mobile phone has become a necessity, I wanted it back as quickly as possible.

The company told me that it could only repair the phone after the Christmas holidays. I asked for a temporary phone, and after some time the company provided me with an old model, which I could hardly use.

To date, my phone has still not been sent to the technician. When I asked the company director, I was told that they could only send my phone for repair to Sicily in February. Is this how customers are supposed to be treated? What are my rights in such a situation?

A: When consumers buy products that end up being defective, by law they are entitled to a remedy. This could be either repair or replacement of the defective product free of charge. If either of these is not possible, then the consumer can request a part refund of the price paid or revocation of the contract, that is, a full refund.

If the retailer decides to repair the defective product, then the repair should be carried out within a reasonable period of time and without causing any significant inconvenience to the consumer. If the repair turns out to be impractical, as it seems in this particular case, then the consumer can refuse it and ask for the goods to be replaced instead.

Hence, my advice is for you to inform the company that since the repair has taken so long and you were not given an adequate temporary phone, you are requesting that the defective phone is replaced rather than repaired. If the company does not meet your request, you can register your complaint with the Consumer and Competition Division for mediation and amicable settlement.

Q: A few days ago, my wife and I bought a vacuum cleaner. The company that sold it to us only gave us a one-year commercial guarantee. Isn't there a minimum statutory guarantee period of two years on such items ?

A: The two-year guarantee you refer to is actually the legal protection that the Consumer Affairs Act gives consumers upon purchasing a product of any type. This protection can be used upon presentation of the proof of purchase, such as the fiscal receipt, if the goods bought are not in conformity with the description and specifications in the contract of sale.

This protection gives consumers the right to request either repair or replacement of the product free of charge. If neither repair nor replacement is possible, the consumer may ask for a refund of part of the price or revocation of the contract, which means a full refund.

If the goods turn out to be faulty within the first six months, then the trader must either provide one of the remedies stipulated by law or prove that the fault was caused by the consumer. If, on the other hand, the consumer had the goods for more than six months, then it is up to him or her to prove that the goods were faulty at the time of purchase. This protection does not cover defects that result from normal wear and tear or faults that were apparent at the time of purchase.

Besides these legal rights, traders may give consumers other benefits, such as a commercial guarantee. Traders are not legally obliged to give commercial guarantees; hence if given, it is up to the trader to decide for how long.

Moreover, once given, commercial guarantees must be honoured by the trader. The law also specifies that if a commercial guarantee is given, specific information should be included in its terms and conditions, such as name and address of the guarantor, length of the guarantee, and description of goods/services.