This Chapter applies to a contract for a trader to supply goods to a consumer.

A contract to which this Chapter applies is referred to in this Part as a “contract to supply goods”.

Subsection (1) is subject to any provision of this Chapter that applies a section or part of a section to only some of the kinds of contracts listed in subsection (2).

A mixed contract (see section 1(4)) may be a contract of any of those kinds.

In this Chapter ownership of goods means the general property in goods, not merely a special property.

For the time when ownership of goods is transferred, see in particular the following provisions of the Sale of Goods Act 1979 (which relate to contracts of sale)—

A contract is for the hire of goods if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract.

But a contract is not for the hire of goods if it is a hire-purchase agreement.

A contract is a hire-purchase agreement if it meets the two conditions set out below.

The first condition is that under the contract goods are hired by the trader in return for periodical payments by the consumer (and “hired” is to be read in accordance with section 6(1)).

But a contract is not a hire-purchase agreement if it is a conditional sales contract.

Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.

That includes, in particular, any public statement made in advertising or labelling.

In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom.

See section 19 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.

Subsection (3) applies to a contract to supply goods 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 goods.

The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.

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.

In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom.

See section 19 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.

Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.

Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.

See section 19 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.

This section applies to any contract to supply goods.

Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 2(5) and (6) for the application of this section where goods are sold at public auction.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in the contract.

This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

See section 19 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.

This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.

Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer's attention before the consumer enters into the contract.

See section 19 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.

See section 19 for the effect of goods not conforming to the contract.

See section 19 for the effect of goods not conforming to the contract.

Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract.

Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader and not known to the consumer were disclosed to the consumer before entering into the contract.

In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where the contract provides or is to be treated as providing for this.

See section 19 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.

Except as provided by sections 9, 10, 13 and 16, a contract to supply goods is not to be treated as including any term about the quality of the goods or their fitness for any particular purpose, unless the term is expressly included in the contract.

Subsection (1) is subject to provision made by any other enactment (whenever passed or made).

But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods.

If the trader is in breach of the term that section 17(1) (right to supply etc) requires to be treated as included in the contract, the consumer has a right to reject (see section 20 for provisions about that right and when it is available).

Subsections (3) to (6) are subject to section 25 and subsections (3)(a) and (6) are subject to section 26.

Section 28 makes provision about remedies for breach of a term about the time for delivery of goods.

It is not open to the consumer to treat the contract as at an end for breach of a term that this Chapter requires to be treated as included in the contract, or on the grounds that, under section 15 or 16, goods do not conform to the contract, except as provided by subsections (3), (4) and (6).

In this Part, treating a contract as at an end means treating it as repudiated.

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

The short-term right to reject is subject to section 22.

The final right to reject is subject to section 24.

The right to reject under section 19(6) is not limited by those sections.

Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).

The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

The consumer's entitlement to receive a refund works as follows.

To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.

To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.

If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund.

If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of them.

A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.

The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.

The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning those goods in person to the place where the consumer took physical possession of them.

Section 20(10) to (17) apply to a consumer's right to receive a refund under this section (and in section 20(13) and (14) references to the contract being treated as at an end are to be read as references to goods being rejected).

It may be open to a consumer to claim damages where there is no right to receive a refund, or because of the limits of the right, or instead of a refund.

References in this section to goods conforming to a contract are to be read in accordance with section 19(1) and (2), but they also include the goods conforming to the terms described in section 17.

Where section 20(21)(a) applies the reference in subsection (1) to the consumer treating the contract as at an end is to be read as a reference to the consumer treating the severable obligation as at an end.

A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period (but without affecting the time limit in relation to goods that are not of that kind).

Subsections (3) and (4) do not prevent the consumer exercising the short-term right to reject before something mentioned in subsection (3)(a), (b) or (c) has happened.

If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).

In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

Section 20(10) to (17) applies to a consumer's right to receive a refund under subsection (1)(b).

For the purposes of subsection (6) goods that the trader arranges to repair at the consumer's premises are made available when the trader indicates that the repairs are finished.

If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).

No deduction may be made to take account of use in any period when the consumer had the goods only because the trader failed to collect them at an agreed time.

No order may be made under subsection (10)(b) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Where the trader delivers to the consumer a quantity of goods less than the trader contracted to supply, the consumer may reject them, but if the consumer accepts them the consumer must pay for them at the contract rate.

Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply, the consumer may accept the goods included in the contract and reject the rest, or may reject all of the goods.

Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply and the consumer accepts all of the goods delivered, the consumer must pay for them at the contract rate.

Where the consumer is entitled to reject goods under this section, any entitlement for the consumer to treat the contract as at an end depends on the terms of the contract and the circumstances of the case.

The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.

The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

Subsections (1) to (3) do not prevent the consumer claiming damages, where it is open to the consumer to do so.

This section is subject to any usage of trade, special agreement, or course of dealing between the parties.

Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.

The following provisions apply if the contract provides for the goods to be delivered by stated instalments, which are to be separately paid for.

Whether paragraph (a) or (b) of subsection (3) (or neither) applies to a consumer depends on the terms of the contract and the circumstances of the case.

In subsection (3), making defective deliveries does not include failing to make a delivery in accordance with section 28.

Whether paragraph (a) or (b) of subsection (6) (or neither) applies to a trader depends on the terms of the contract and the circumstances of the case.

This section applies to any sales contract.

Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

If any of the goods form a commercial unit, the consumer cannot reject or cancel the order for some of those goods without also rejecting or cancelling the order for the rest of them.

A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.

This section does not prevent the consumer seeking other remedies where it is open to the consumer to do so.

See section 2(5) and (6) for the application of this section where goods are sold at public auction.

A sales contract is to be treated as including the following provisions as terms.

In that case the goods are at the consumer's risk on and after delivery to the carrier.

Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

See section 2(5) and (6) for the application of this section where goods are sold at public auction.

The guarantee takes effect, at the time the goods are delivered, as a contractual obligation owed by the guarantor under the conditions set out in the guarantee statement and in any associated advertising.

The guarantor and any other person who offers to supply to consumers the goods which are the subject of the guarantee must, on request by the consumer, make the guarantee available to the consumer within a reasonable time, in writing and in a form accessible to the consumer.

What is a reasonable time is a question of fact.

If a person fails to comply with a requirement of this section, the enforcement authority may apply to the court for an injunction or (in Scotland) an order of specific implement against that person requiring that person to comply.

On an application the court may grant an injunction or (in Scotland) an order of specific implement on such terms as it thinks appropriate.

The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.

An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.

Subsection (1)(i), and subsection (2) so far as it relates to liability under section 17, do not apply to a term of a contract for the hire of goods.

But an express term of a contract for the hire of goods is not binding on the consumer to the extent that it would exclude or restrict a term that section 17 requires to be treated as included in the contract, unless it is inconsistent with that term (and see also section 62 (requirement for terms to be fair)).

See Schedule 3 for provision about the enforcement of this section.

For cases where those provisions apply, or where the law applicable has not been chosen or the law of an EEA State is chosen, see Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations.

This Chapter applies to a contract for a trader to supply digital content to a consumer, if it is supplied or to be supplied for a price paid by the consumer.

The references in subsections (1) and (2) to the consumer paying a price include references to the consumer using, by way of payment, any facility for which money has been paid.

A trader does not supply digital content to a consumer for the purposes of this Part merely because the trader supplies a service by which digital content reaches the consumer.

The Secretary of State may by order provide for this Chapter to apply to other contracts for a trader to supply digital content to a consumer, if the Secretary of State is satisfied that it is appropriate to do so because of significant detriment caused to consumers under contracts of the kind to which the order relates.

A contract to which this Chapter applies is referred to in this Part as a “contract to supply digital content”.

This section, other than subsection (4), does not limit the application of section 46.

The power to make an order under subsection (5) is exercisable by statutory instrument.

No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Every contract to supply digital content is to be treated as including a term that the quality of the digital content is satisfactory.

The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the digital content made by the trader, the producer or any representative of the trader or the producer.

That includes, in particular, any public statement made in advertising or labelling.

In a contract to supply digital content a term about the quality of the digital content may be treated as included as a matter of custom.

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.

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.

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.

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.

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.

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.

Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader to the consumer.

Where the consumer examines a trial version before the contract is made, it is not sufficient that the digital content matches (or is better than) the trial version if the digital content does not also match any description of it given by the trader to the consumer.

Any information that is provided by the trader about the digital content that is information mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 (main characteristics, functionality and compatibility) to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

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.

This section applies to any contract to supply digital content.

Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the digital content and mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 to the Regulations (main characteristics, functionality and compatibility) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

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.

Except as provided by sections 34 and 35, a contract to supply digital content is not to be treated as including any term about the quality of the digital content or its fitness for any particular purpose, unless the term is expressly included in the contract.

Subsection (1) is subject to provision made by any other enactment, whenever passed or made.

Subsection (2) applies where there is a contract to supply digital content and the consumer's access to the content on a device requires its transmission to the device under arrangements initiated by the trader.

A processing facility is a facility by which T or another trader will receive digital content from the consumer and transmit digital content to the consumer (whether or not other features are to be included under the contract).

The contract is to be treated as including a term that the processing facility (with any feature that the facility is to include under the contract) must be available to the consumer for a reasonable time, unless a time is specified in the contract.

Breach of a term treated as included under subsection (5) has the same effect as breach of a term treated as included under those sections (see section 42).

A claim on the grounds that digital content does not conform to a term described in any of the sections listed in subsection (1) as applied by that subsection is to be treated as arising at the time when the digital content was supplied under the contract and not the time when it is modified.

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.

In this section and section 43 references to digital content conforming to a contract are references to the digital content conforming to the terms described in sections 34, 35 and 36.

Section 16 also applies if an item including the digital content is supplied.

If the trader is in breach of a term that section 37 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid for the digital content or for any facility within section 33(3) used by the consumer.

If the trader is in breach of the term that section 41(1) (right to supply the content) requires to be treated as included in the contract, the consumer has the right to a refund (see section 45 for provisions about that right and when it is available).

This Chapter does not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (2), (4) or (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).

It is not open to the consumer to treat the contract as at an end for breach of a term to which any of subsections (2), (4) or (5) applies.

For the purposes of subsection (2), digital content which does not conform to the contract at any time within the period of six months beginning with the day on which it was supplied must be taken not to have conformed to the contract when it was supplied.

This section applies if the consumer has the right to repair or replacement.

A consumer who requires or agrees to the repair of digital content cannot require the trader to replace it without giving the trader a reasonable time to repair it (unless giving the trader that time would cause significant inconvenience to the consumer).

A consumer who requires or agrees to the replacement of digital content cannot require the trader to repair it without giving the trader a reasonable time to replace it (unless giving the trader that time would cause significant inconvenience to the consumer).

In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.

The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

The amount of the reduction may, where appropriate, be the full amount of the price.

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject to subsection (2)).

If the breach giving the consumer the right to a refund affects only some of the digital content supplied under the contract, the right to a refund does not extend to any part of the price attributable to digital content that is not affected by the breach.

A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

A compensation payment under this section must be made without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to the payment.

The trader must not impose any fee on the consumer in respect of the payment.

A consumer with a right to a remedy under this section may bring a claim in civil proceedings to enforce that right.

The Limitation Act 1980 and the Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (NI 11)) apply to a claim under this section as if it were an action founded on simple contract.

The Prescription and Limitation (Scotland) Act 1973 applies to a right to a remedy under this section as if it were an obligation to which section 6 of that Act applies.

The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.

An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.

See Schedule 3 for provision about the enforcement of this section.

For provision limiting the ability of a trader under a contract within section 46 to exclude or restrict the trader's liability under that section, see section 62.

This Chapter applies to a contract for a trader to supply a service to a consumer.

That does not include a contract of employment or apprenticeship.

In relation to Scotland, this Chapter does not apply to a gratuitous contract.

This Chapter does not apply to anything that is governed by Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

A contract to which this Chapter applies is referred to in this Part as a “contract to supply a service”.

The Secretary of State may by order made by statutory instrument provide that a provision of this Chapter does not apply in relation to a service of a description specified in the order.

The power in subsection (5) includes power to provide that a provision of this Chapter does not apply in relation to a service of a description specified in the order in the circumstances so specified.

An order under subsection (5) may contain transitional or transitory provision or savings.

No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

See section 54 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.

Without prejudice to subsection (1), any information provided by the trader in accordance with regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

A change to any of the information mentioned in subsection (3), made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 54 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.

In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

What is a reasonable price is a question of fact.

In that case the contract is to be treated as including a term that the trader must perform the service within a reasonable time.

What is a reasonable time is a question of fact.

See section 54 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.

Nothing in this Chapter affects any enactment or rule of law that imposes a stricter duty on the trader.

This Chapter is subject to any other enactment which defines or restricts the rights, duties or liabilities arising in connection with a service of any description.

The consumer's rights under this section and sections 55 and 56 do not affect any rights that the contract provides for, if those are not inconsistent.

If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

If the trader is in breach of what the contract requires under section 52 (performance within a reasonable time), the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

This section and sections 55 and 56 do not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (3) to (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).

The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

The consumer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

The amount of the reduction may, where appropriate, be the full amount of the price.

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

A term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader's liability arising under section 49 (service to be performed with reasonable care and skill).

Subject to section 50(2), a term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader's liability arising under section 50 (information about trader or service to be binding).

A term of a contract to supply services is not binding on the consumer to the extent that it would restrict the trader's liability arising under any of sections 49 and 50 and, where they apply, sections 51 and 52 (reasonable price and reasonable time), if it would prevent the consumer in an appropriate case from recovering the price paid or the value of any other consideration. (If it would not prevent the consumer from doing so, Part 2 (unfair terms) may apply.)

The references in subsections (1) to (3) to excluding or restricting a liability also include preventing an obligation or duty arising or limiting its extent.

An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.

See Schedule 3 for provision about the enforcement of this section.