(4) If the goods do not conform to the contract under section 15 or because of a
breach of requirements that are stated in the contract, the consumer’s rights
(and the provisions about them and when they are available) are—

(a) the right to repair or replacement (section 23); and

(b) 5the right to a price reduction or the final right to reject (sections 20 and
24).

(5) 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
10to the amount of the price paid or the value of other consideration given for the
goods.

(6) 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).

(7) 15Subsections (3) to (6) are subject to section 25 and subsections (3)(a) and (6) are
subject to section 26.

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

(9) This Chapter does not prevent the consumer seeking other remedies—

(a) 20for a breach of a term that this Chapter requires to be treated as
included in the contract,

(b) on the grounds that, under section 15 or 16, goods do not conform to the
contract, or

(c) for a breach of a requirement stated in the contract.

(10) 25Those other remedies may be ones—

(a) in addition to a remedy referred to in subsections (3) to (6) (but not so
as to recover twice for the same loss), or

(b) instead of such a remedy, or

(c) where no such remedy is provided for.

(11) 30Those other remedies include any of the following that is open to the consumer
in the circumstances—

(a) claiming damages;

(b) seeking specific performance;

(c) seeking an order for specific implement;

(d) 35relying on the breach against a claim by the trader for the price;

(e) for breach of an express term, exercising a right to treat the contract as
at an end.

(12) 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
40the grounds that, under section 15 or 16, goods do not conform to the contract,
except as provided by subsections (3), (4) and (6).

(13) In this Chapter, treating a contract as at an end means treating it as repudiated.

(14) 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
45with the day on which the goods were delivered to the consumer must be taken
not to have conformed to it on that day.

(15) Subsection (14) does not apply if—

(a) it is established that the goods did conform to the contract on that day,
or

(b) its application is incompatible with the nature of the goods or with how
5they fail to conform to the contract.

20 Right to reject

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

(2) The final right to reject is subject to section 24.

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

(4) 10Each of these rights entitles the consumer to reject the goods and treat the
contract as at an end.

(5) 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.

(6) The indication may be something the consumer says or does, but it must be
15clear enough to be understood by the trader.

(7) From the time when the right is exercised—

(a) the trader has a duty to give the consumer a refund, subject to
subsection (17), and

(b) the consumer has a duty to make the goods available for collection by
20the trader or (if there is an agreement for the consumer to return
rejected goods) to return them as agreed.

(8) The consumer’s entitlement to receive a refund works as follows.

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

(10) 25To 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 (11) applies.

(11) 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
30is entitled to receive back in its original state whatever the consumer
transferred.

(12) 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.

(13) 35If 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.

(14) 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
40the consumer is entitled to a refund.

(15) 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.

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

(17) There is no entitlement to receive a refund—

(a) if none of subsections (9) to (11) applies,

(b) to the extent that anything to which subsection (11) applies cannot be
5given back in its original state, or

(c) where subsection (12) applies, to the extent that anything the consumer
transferred under the contract cannot be divided so as to give back only
the amount, or part of the amount, to which the consumer is entitled.

(18) It may be open to a consumer to claim damages where there is no entitlement
10to receive a refund, or because of the limits of the entitlement, or instead of a
refund.

21 Partial rejection of goods

(1) If the consumer has any of the rights mentioned in section 20(1) to (3), but does
not reject all of the goods and treat the contract as at an end, the consumer—

(a) 15may reject some or all of the goods that do not conform to the contract,
but

(b) may not reject any goods that do conform to the contract.

(2) If the consumer is entitled to reject the goods in an instalment, but does not
reject all of those goods, the consumer—

(a) 20may reject some or all of the goods in the instalment that do not
conform to the contract, but

(b) may not reject any goods in the instalment that do conform to the
contract.

(3) If any of the goods form a commercial unit, the consumer cannot reject some of
25those goods without also rejecting the rest of them.

(4) 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.

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

(6) 30The indication may be something the consumer says or does, but it must be
clear enough to be understood by the trader.

(7) From the time when a consumer rejects goods under this section—

(a) the trader has a duty to give the consumer a refund in respect of those
goods (subject to subsection (9)), and

(b) 35the consumer has a duty to make those goods available for collection by
the trader or (if there is an agreement for the consumer to return
rejected goods) to return them as agreed.

(8) Section 20(9) to (13) apply to a consumer’s right to receive a refund under this
section (and in section 20(12) and (13) references the contract being treated as
40at an end are to be read as references to goods being rejected).

(9) That right does not apply—

(a) if none of section 20(9) to (11) applies,

(b) to the extent that anything to which section 20(11) applies cannot be
given back in its original state, or

(c) to the extent that anything the consumer transferred under the contract
cannot be divided so as to give back only the amount, or part of the
amount, to which the consumer is entitled.

(10) It may be open to a consumer to claim damages where there is no right to
5receive a refund, or because of the limits of the right, or instead of a refund.

(11) 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.

22 Time limit for short-term right to reject

(1) 10A 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.

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

(3) 15The time limit for exercising the short-term right to reject (unless subsection (4)
applies) is the end of 30 days beginning with the first day after these have all
happened—

(a) ownership or (in the case of a contract for the hire of goods, a hire-
purchase agreement or a conditional sales contract) possession of the
20goods has been transferred to the consumer,

(b) the goods have been delivered, and

(c) where the contract requires the trader to install the goods or take other
action to enable the consumer to use them, the trader has notified the
consumer that the action has been taken.

(4) 25If 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).

(5) Subsections (3) and (4) do not prevent the consumer exercising the short-term
30right to reject before something mentioned in subsection (3)(a), (b) or (c) has
happened.

(6) 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.

(7) 35If goods supplied by the trader in response to that request or agreement do not
conform to the contract, the time limit for exercising the short-term right to
reject is then either—

(a) 7 days after the waiting period ends, or

(b) if later, the original time limit for exercising that right, extended by the
40waiting period.

(8) The waiting period—

(a) begins with the day the consumer requests or agrees to the repair or
replacement of the goods, and

(b) ends with the day on which the consumer receives goods supplied by
45the trader in response to the request or agreement.

23 Right to repair or replacement

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

(2) If the consumer requires the trader to repair or replace the goods, the trader
5must—

(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) 10The consumer cannot require the trader to repair or replace the goods 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
15costs on the trader which, compared to those imposed by the other, are
unreasonable, taking into account—

(a) the value which the goods would have if they conformed to the
contract,

(b) the significance of the lack of conformity, and

(c) 20whether 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 goods, and

(b) 25the purpose for which the goods were acquired.

(6) 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).

(7) 30A 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).

(8) In this Chapter, “repair” in relation to goods that do not conform to a contract,
35means making them conform.

24 Right to price reduction or final right to reject

(1) The right to a price reduction is the right—

(a) to require the trader to reduce by an appropriate amount the price the
consumer is required to pay under the contract, or anything else the
40consumer is required to transfer under the contract, and

(b) to receive a refund from the trader for anything already paid or
otherwise transferred by the consumer above the reduced amount.

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

(3) Section 20(9) to (16) apply to a consumer’s right to receive a refund under
subsection (1)(b).

(4) The right to a price reduction does not apply—

(a) if what the consumer is (before the reduction) required to transfer
5under the contract, whether or not already transferred, cannot be
divided up so as to enable the trader to receive or retain only the
reduced amount, or

(b) if anything to which section 20(11) applies cannot be given back in its
original state.

(5) 10A consumer who has the right to a price reduction and the final right to reject
may only exercise one (not both), and may only do so in one of these
situations—

(a) after one repair or one replacement, the goods do not conform to the
contract;

(b) 15because of section 23(3) the consumer can require neither repair nor
replacement of the goods; or

(c) the consumer has required the trader to repair or replace the goods, but
the trader is in breach of the requirement of section 23(2)(a) to do so
within a reasonable time and without significant inconvenience to the
20consumer.

(6) There has been a repair or replacement for the purposes of subsection (5)(a) if—

(a) the consumer has requested or agreed to repair or replacement of the
goods (whether in relation to one fault or more than one), and

(b) the trader has delivered goods to the consumer, or made goods
25available to the consumer, in response to the request or agreement.

(7) 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.

(8) If the consumer exercises the final right to reject, any refund to the consumer
30may 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).

(9) 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
35agreed time.

(10) No deduction may be made if the final right to reject is exercised in the first 6
months (see subsection (12)), unless—

(a) when the goods were supplied to the consumer, the make and model of
the goods were stated, and

(b) 40the trader gives the consumer clear, independent evidence of an active
second-hand market for the sale by traders to consumers of
corresponding goods.

(11) “Corresponding goods” means goods that are the same—

(a) in make and model, and

(b) 45in any other trade designation, and any characteristic, that a consumer
would reasonably be expected to consider relevant when buying the
goods new.

(12) In subsection (10) the first 6 months means 6 months beginning with the first
day after these have all happened—

(a) ownership or (in the case of a contract for the hire of goods, a hire-
purchase agreement or a conditional sales contract) possession of the
5goods has been transferred to the consumer,

(b) the goods have been delivered, and

(c) where the contract requires the trader to install the goods or take other
action to enable the consumer to use them, the trader has notified the
consumer that the action has been taken.

10Other rules about remedies under goods contracts

25 Delivery of wrong quantity

(1) 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.

(2) 15Where 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.

(3) 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
20delivered, the consumer must pay for them at the contract rate.

(4) 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.

(5) The consumer rejects goods under this section by indicating to the trader that
25the consumer is rejecting the goods.

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

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

(8) 30This section is subject to any usage of trade, special agreement, or course of
dealing between the parties.

26 Instalment deliveries

(1) 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
35and the trader.

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

(3) If the trader makes defective deliveries in respect of one or more instalments,
the consumer, apart from any entitlement to claim damages, may be (but is not
40necessarily) entitled—

(a) to exercise the short-term right to reject or the right to reject under
section 19(6) (as applicable) in respect of the whole contract, or

(b) to reject the goods in an instalment.

(4) 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.

(5) 5In subsection (3), making defective deliveries does not include failing to make
a delivery in accordance with section 28.

(6) If the consumer neglects or refuses to take delivery of or pay for one or more
instalments, the trader may—

(a) be entitled to treat the whole contract as at an end, or

(b) 10if it is a severable breach, have a claim for damages but not a right to
treat the whole contract as at an end.

(7) 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.

27 Consignation, or payment into court, in Scotland

(1) 15Subsection (2) applies where—

(a) a consumer has not rejected goods which the consumer could have
rejected for breach of a term mentioned in section 19(3) or (6),

(b) the consumer has chosen to treat the breach as giving rise only to a
claim for damages or to a right to rely on the breach against a claim by
20the trader for the price of the goods, and

(c) the trader has begun proceedings in court to recover the price or has
brought a counter-claim for the price.

(2) The court may require the consumer—

(a) to consign, or pay into court, the price of the goods, or part of the price,
25or

(b) to provide some other reasonable security for payment of the price.

Other rules about goods contracts

28 Delivery of goods

(1) This section applies to any sales contract.

(2) 30Unless 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.

(3) Unless there is an agreed time or period, the contract is to be treated as
including a term that the trader must deliver the goods—

(a) 35without undue delay, and

(b) in any event, not more than 30 days after the day on which the contract
is entered into.

(4) In this section—

(a) an “agreed” time or period means a time or period agreed by the trader
40and the consumer for delivery of the goods;

(b) if there is an obligation to deliver the goods at the time the contract is
entered into, that time counts as the “agreed” time.

(5) 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.

(6) If the circumstances are that—

(a) 5the trader has refused to deliver the goods,

(b) delivery of the goods at the agreed time or within the agreed period is
essential taking into account all the relevant circumstances at the time
the contract was entered into, or

(c) the consumer told the trader before the contract was entered into that
10delivery in accordance with subsection (3), or at the agreed time or
within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7) In any other circumstances, the consumer may specify a period that is
appropriate in the circumstances and require the trader to deliver the goods
15before the end of that period.

(8) 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.

(9) If the consumer treats the contract as at an end under subsection (6) or (8), the
20trader must without undue delay reimburse all payments made under the
contract.

(10) If subsection (6) or (8) applies but the consumer does not treat the contract as
at an end—

(a) that does not prevent the consumer from cancelling the order for any of
25the goods or rejecting goods that have been delivered, and

(b) the trader must without undue delay reimburse all payments made
under the contract in respect of any goods for which the consumer
cancels the order or which the consumer rejects.

(11) If any of the goods form a commercial unit, the consumer cannot reject or
30cancel the order for some of those goods without also rejecting or cancelling the
order for the rest of them.

(12) 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.

(13) This section does not prevent the consumer seeking other remedies where it is
35open to the consumer to do so.

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

29 Passing of risk

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

(2) 40The goods remain at the trader’s risk until they come into the physical
possession of—

(a) the consumer, or

(b) a person identified by the consumer to take possession of the goods.

(3) Subsection (2) does not apply if the goods are delivered to a carrier who—

(a) is commissioned by the consumer to deliver the goods, and

(b) is not a carrier the trader named as an option for the consumer.

(4) In that case the goods are at the consumer’s risk on and after delivery to the
carrier.

(5) 5Subsection (4) does not affect any liability of the carrier to the consumer in
respect of the goods.

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

30 Goods under guarantee

(1) 10This section applies where—

(a) there is a contract to supply goods, and

(b) there is a guarantee in relation to the goods.

(2) “Guarantee” here means an undertaking to the consumer given without extra
charge by a person acting in the course of the person’s business (the
15“guarantor”) that, if the goods do not meet the specifications set out in the
guarantee statement or in any associated advertising—

(a) the consumer will be reimbursed for the price paid for the goods, or

(b) the goods will be repaired, replaced or handled in any way.

(3) The guarantee takes effect, at the time the goods are delivered, as a contractual
20obligation owed by the guarantor under the conditions set out in the guarantee
statement and in any associated advertising.

(4) The guarantor must ensure that—

(a) the guarantee sets out in plain and intelligible language the contents of
the guarantee and the essential particulars for making claims under the
25guarantee,

(b) the guarantee states that the consumer has statutory rights in relation
to the goods and that those rights are not affected by the guarantee, and

(c) where the goods are offered within the territory of the United
Kingdom, the guarantee is written in English.

(5) 30The contents of the guarantee to be set out in it include, in particular—

(a) the name and address of the guarantor, and

(b) the duration and territorial scope of the guarantee.

(6) 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,
35make the guarantee available to the consumer within a reasonable time, in
writing and in a form accessible to the consumer.

(7) What is a reasonable time is a question of fact.

(8) 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
40specific implement against that person requiring that person to comply.

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

(10) In this section—

Consumer Rights BillPage 20

• “court” means—

  (a)

  in relation to England and Wales, the High Court or the county
  court,

  (b)

  in relation to Northern Ireland, the High Court or a county
  5court, and

  (c)

  in relation to Scotland, the Court of Session or the sheriff;

• “enforcement authority” means—

  (a)

  the Competition and Markets Authority,

  (b)

  a local weights and measures authority in Great Britain, and

  (c)

  10the Department of Enterprise, Trade and Investment in
  Northern Ireland.

Can a trader contract out of statutory rights and remedies under a goods contract?

31 Liability that cannot be excluded or restricted

(1) A term of a contract to supply goods is not binding on the consumer to the
15extent that it would exclude or restrict the trader’s liability arising under any
of these provisions—

(a) section 9 (goods to be of satisfactory quality);

(b) section 10 (goods to be fit for particular purpose);

(c) section 11 (goods to be as described);

(d) 20section 12 (other pre-contract information included in contract);

(e) section 13 (goods to match a sample);

(f) section 14 (goods to match a model seen or examined);

(g) section 15 (installation as part of conformity of goods with contract);

(h) section 16 (goods not conforming to contract if digital content does not
25conform);

(i) section 17 (trader to have right to supply the goods etc);

(j) section 28 (delivery of goods);

(k) section 29 (passing of risk).

(2) That also means that a term of a contract to supply goods is not binding on the
30consumer to the extent that it would—

(a) exclude or restrict a right or remedy in respect of a liability under a
provision listed in subsection (1),

(b) make such a right or remedy or its enforcement subject to a restrictive
or onerous condition,

(c) 35allow a trader to put a person at a disadvantage as a result of pursuing
such a right or remedy, or

(d) exclude or restrict rules of evidence or procedure.

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

(4) 40An 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.

(5) 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.

(6) 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)).

(7) 5See Schedule 3 for provision about the enforcement of this section.

32 Contracts applying law of non-EEA State

(1) If—

(a) the law of a country or territory other than an EEA State is chosen by
the parties to be applicable to a sales contract, but

(b) 10the sales contract has a close connection with the United Kingdom,

this Chapter, except the provisions in subsection (2), applies despite that
choice.

(2) The exceptions are—

(a) sections 11(4) and (5) and 12;

(b) 15sections 28 and 29;

(c) section 31(1)(d), (j) and (k).

(3) 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
20applicable to contractual obligations.

CHAPTER 3 Digital content

What digital content contracts are covered?

33 Contracts covered by this Chapter

(1) This Chapter applies to a contract for a trader to supply digital content to a
25consumer, 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) 30it 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 subsection (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) 35A 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
40of 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) 5may 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) 10The 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.

15What statutory rights are there under a digital content contract?

34 Digital content to be of satisfactory quality

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

(2) The quality of digital content is satisfactory if it meets the standard that a
20reasonable person would consider satisfactory, taking account of—

(a) any description of the digital content,

(b) the price mentioned in section 33(1) or (2)(b) (if relevant), and

(c) all the other relevant circumstances (see subsection (5)).

(3) The quality of digital content includes its state and condition; and the
25following aspects (among others) are in appropriate cases aspects of the quality
of digital content—

(a) fitness for all the purposes for which digital content of that kind is
usually supplied;

(b) freedom from minor defects;

(c) 30safety;

(d) durability.

(4) The term mentioned in subsection (1) does not cover anything which makes the
quality of the digital content unsatisfactory—

(a) which is specifically drawn to the consumer’s attention before the
35contract is made,

(b) where the consumer examines the digital content before the contract is
made, which that examination ought to reveal, or

(c) where the consumer examines a trial version before the contract is
made, which would have been apparent on a reasonable examination
40of the trial version.

(5) 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.

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

(7) But a public statement is not a relevant circumstance for the purposes of
subsection (2)(c) if the trader shows that—

(a) 5when the contract was made, the trader was not, and could not
reasonably have been, aware of the statement,

(b) before the contract was made, the statement had been publicly
withdrawn or, to the extent that it contained anything which was
incorrect or misleading, it had been publicly corrected, or

(c) 10the consumer’s decision to contract for the digital content could not
have been influenced by the statement.

(8) 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.

(9) See section 42 for a consumer’s rights if the trader is in breach of a term that
15this section requires to be treated as included in a contract.

35 Digital content to be fit for particular purpose

(1) 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
20the digital content.

(2) Subsection (3) also applies to a contract to supply digital content if—

(a) the digital content was previously sold by a credit-broker to the trader,

(b) the consideration or part of it is a sum payable by instalments, and

(c) before the contract is made, the consumer makes known to the credit-
25broker (expressly or by implication) any particular purpose for which
the consumer is contracting for the digital content.

(3) 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.

(4) 30Subsection (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.

(5) 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.

(6) 35See 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.

36 Digital content to be as described

(1) 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
40consumer.

(2) 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.

(3) 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
5Additional Charges) Regulations 2013 (SI 2013/3134SI 2013/3134) is to be treated as
included as a term of the contract.

(4) 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.

(5) 10See 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.

37 Other pre-contract information included in contract

(1) This section applies to any contract to supply digital content.

(2) Where regulation 9, 10 or 13 of the Consumer Contracts (Information,
15Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134SI 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
20(main characteristics, functionality and compatibility) is to be treated as
included as a term of the contract.

(3) 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.

(4) 25See 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.

38 No other requirement to treat term about quality or fitness as included

(1) 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
30or its fitness for any particular purpose, unless the term is expressly included
in the contract.

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

39 Supply by transmission and facilities for continued transmission

(1) 35Subsection (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.

(2) For the purposes of this Chapter, the digital content is supplied—

(a) when the content reaches the device, or

(b) 40if earlier, when the content reaches another trader chosen by the
consumer to supply, under a contract with the consumer, a service by
which digital content reaches the device.