Valid from 01/10/2015
43Right to repair or replacementU.K.
(1)This section applies if the consumer has the right to repair or replacement.
(2)If the consumer requires the trader to repair or replace the digital content, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer; and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The consumer cannot require the trader to repair or replace the digital content if that remedy (the repair or the replacement)—
(a)is impossible, or
(b)is disproportionate compared to the other of those remedies.
(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
(a)the value which the digital content would have if it conformed to the contract,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the consumer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the digital content, and
(b)the purpose for which the digital content was obtained or accessed.
(6)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).
(7)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).
(8)In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.