Q: Around a year ago, I bought a new mobile phone for €850. After 10 months of normal usage, the phone developed some faults. I returned it to the seller to have it checked and repaired.

After a month waiting for the repairs, the seller informed me that the phone could not be repaired and as he could not replace it with a similar model, he offered me a cash refund of €575. When I asked why I was not being offered a full refund, the seller said it is the amount my mobile phone’s model is currently worth. However, when I searched to buy the same type of mobile phone from other shops I noted that the phone model I have is currently selling at €649.

I would like to know how much refund I am entitled to claim for the faulty mobile phone?

A: When a product turns out to be faulty, the seller is legally obliged to either repair or replace the product free of charge. If neither of these remedies are possible, consumers may claim a part or full refund of the price paid.

Since in your case the mobile phone was used for almost a year before it developed a fault, it would be reasonable to take this usage into account when calculating the amount of refund the seller is obliged to give you. Having said this, since one of the remedies provided by law is replacement of the defective product with a new one, if the seller had decided to replace your mobile phone you would be getting a mobile phone worth €649. So you may argue that you should at least be given this amount as compensation.

It is important that you make your request for compensation in writing through a registered letter, and if you and the seller do not manage to reach an agreement on the amount, you may then proceed and file a complaint with the Office for Consumer Affairs.