Consumer Rights Act 2022
|
Chapter 3 Consumer remedies in digital content contracts and digital service contracts | ||
|
Remedy for failure to supply digital content or digital service | ||
|
60. (1) Where a trader— | ||
(a) fails to supply digital content or a digital service under a digital content contract or digital service contract in accordance with section 51 , and | ||
(b) fails to comply with a subsequent request from a consumer to supply the digital content or digital service without undue delay or within such additional period as may be expressly agreed between the parties, | ||
the consumer shall have the right to terminate the digital content contract or digital service contract. | ||
(2) Subsection (1) shall not apply, and the consumer shall have the right to terminate the contract immediately (and without making a request referred to in subsection (1)(b)), where— | ||
(a) the trader has declared that the trader will not supply the digital content or digital service or it is equally clear from the circumstances that the trader will not do so, or | ||
(b) the consumer and the trader have agreed, or it is apparent from the circumstances at the time of the conclusion of the contract, that it is essential for the consumer that the digital content or digital service be supplied before a particular date and time and the trader fails to supply the digital content or digital service on or before that date and time. | ||
(3) Where the consumer has the right to terminate the digital content contract or digital service contract under subsection (1) or (2) and wishes to exercise that right— | ||
(a) the consumer shall exercise that right in accordance with section 66 , and | ||
(b) the trader shall comply with the obligations in section 67 . |