PART 1Consumer contracts for goods, digital content and services
CHAPTER 3Digital content
What digital content contracts are covered?
33Contracts covered by this Chapter
1
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.
2
This Chapter also applies to a contract for a trader to supply digital content to a consumer, if—
a
it is supplied free with goods or services or other digital content for which the consumer pays a price, and
b
it is not generally available to consumers unless they have paid a price for it or for goods or services or other digital content.
3
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.
4
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.
5
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.
6
An order under subsection (5)—
a
may, in particular, amend this Act;
b
may contain transitional or transitory provision or savings.
7
A contract to which this Chapter applies is referred to in this Part as a “contract to supply digital content”.
8
This section, other than subsection (4), does not limit the application of section 46.
9
The power to make an order under subsection (5) is exercisable by statutory instrument.
10
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.