Q: I recently bought a used mobile phone from a well-known online marketplace. When the phone was delivered I realised it did not have all the features I need. Since the mobile was bought online am I entitled to return it to the seller and request a full refund of the money paid?


A: Whether or not you can return the mobile phone to the online seller depends on whether the seller from whom you bought it is a trader or a private individual.

If the phone was bought from a trader, then yes, as stipulated in the consumer rights regulations you are entitled to a 14-day withdrawal period during which you can decide if you want to keep the mobile or not. In this case, the 14 days start from the day the phone was physically delivered to you. If, however, the used phone was bought from an individual who is not a professional seller, then consumer legislation does not apply to your sales transaction, and thus you are not entitled to the 14-day withdrawal period.

According to new consumer protection rules, the online platform or marketplace from where you bought the mobile phone is now legally obliged to inform you whether the seller from whom you are buying is a trader or an individual. If the seller is an individual, then the platform should also inform you that your transaction is not covered by consumer legislation. Thus the 14-day withdrawal period does not apply to your purchase. This information must be provided to you before you conclude the online purchase.


Want to submit your own query? Write to the MCCAA.

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