PART 1Consumer contracts for goods, digital content and services

CHAPTER 3Digital content

What remedies are there if statutory rights under a digital content contract are not met?

I143Right to repair or replacement

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.