My phone had a fault

My phone had a fault

"I've received a new mobile phone with a defect. I'm disappointed and would like my money back - can I demand it back?"

Marc, Vaud

The seller has a warranty obligation towards the buyer in the event of defects in the item sold, even if the seller was unaware of the defects. The buyer must check the condition of the item as soon as possible and, if he finds any defects, notify the seller immediately. If he fails to do so, he is deemed to have accepted the item as is, unless the defects could not have been discovered by means of the usual checks. Should any defects become apparent at a later date, they must also be reported to the seller immediately.

By law, in the event of a defect, the buyer may request replacement of the item, a reduction in the price or cancellation of the contract, resulting in reimbursement of the price paid. In principle, this choice is final. This is the case when the defect consists in the absence of an essential characteristic of the item, the item is unusable or the buyer would not have entered into the contract if he had been aware of the defect. This is not the case, however, if the buyer can reasonably be expected to keep the defective item, if he has himself aggravated the defect or if he persists in using the item despite the defect and without good reason. It should be noted, however, that under the legal mechanism, the seller always has the right to exchange the defective item immediately, provided that he compensates the buyer for the damage he has suffered. This right does not apply to mail-order sales in particular, and the buyer cannot be required to wait to receive a new item or be deprived of the item while awaiting repair.

Beware, however, of general terms and conditions of sale, which may be more restrictive for the buyer than the law provides, provided that they have been validly incorporated into the contract, which means that the buyer was aware of their existence and had the opportunity to consult them. If this is not the case, the legal rules described above apply.

You should therefore refer to the terms and conditions of the shop that sold your phone. If there are none, or if you have not been informed of them in any way, for example by a note on your receipt, you can demand your mobile phone back, unless the sales assistant spontaneously exchanges it for you when you get to the checkout.