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?
43Right 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.