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Consumer Rights Act 2015
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Consumer Rights Act 2015, Section 35 is up to date with all changes known to be in force on or before 03 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 35:
- specified provision(s) amendment to earlier commencing SI 2015/1630, art. 4, 6 by S.I. 2016/484 art. 2
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12(2A) inserted by 2024 c. 13 s. 278(3)(a)
- s. 37(2A) inserted by 2024 c. 13 s. 278(5)(a)
- s. 93(2A) inserted by 2024 c. 13 s. 216(2)(a)
- Sch. 5 para. 17A inserted by 2024 c. 13 Sch. 17 para. 3
- Sch. 5 para. 17B inserted by 2024 c. 13 Sch. 17 para. 4
- Sch. 5 para. 20(7)(8) inserted by 2024 c. 13 Sch. 18 para. 11(9)(h)
- Sch. 5 para. 20A inserted by 2024 c. 13 Sch. 18 para. 11(10)
- Sch. 10 para. 6(7A) inserted by 2024 c. 13 s. 216(4)(d)
35Digital content to be fit for particular purposeU.K.
This section has no associated Explanatory Notes
(1)Subsection (3) applies to a contract to supply digital content if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.
(2)Subsection (3) also applies to a contract to supply digital content if—
(a)the digital content was previously sold by a credit-broker to the trader,
(b)the consideration or part of it is a sum payable by instalments, and
(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.
(3)The contract is to be treated as including a term that the digital content is reasonably fit for that purpose, whether or not that is a purpose for which digital content of that kind is usually supplied.
(4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.
(5)A contract to supply digital content may be treated as making provision about the fitness of the digital content for a particular purpose as a matter of custom.
(6)See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Commencement Information
I1S. 35 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))
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