Consumer Rights Act 2022
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Remedies where contract also provides for sale of goods etc. | ||
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65. (1) This section applies where digital content or a digital service is supplied to a consumer under a contract that provides also for— | ||
(a) the sale of goods, or | ||
(b) the supply of a service. | ||
(2) Where the conditions in subsection (3) are met, the consumer shall have the right— | ||
(a) to terminate the contract, or | ||
(b) to obtain a proportionate reduction in the price payable under the contract. | ||
(3) The conditions referred to in subsection (2) are the following: | ||
(a) if the contract were a contract for the supply of digital content or a digital service only, the consumer would have the right under section 62 to obtain a proportionate reduction in the price or to terminate the contract; | ||
(b) the value of the goods or service to the consumer would be materially reduced in the absence of the digital content or digital service. | ||
(4) In objectively determining for the purposes of subsection (2)(b) whether a reduction in the value of goods or a service is material, all the circumstances shall be taken into account, including in particular— | ||
(a) the nature and purpose of the contract, | ||
(b) the relative value of the different elements of the contract, and | ||
(c) the nature and degree of the inter-dependence of the different elements of the contract. | ||
(5) Where the consumer exercises the right to terminate a contract under subsection (2)— | ||
(a) the consumer shall comply with the obligations in section 66 (3) and (4), and | ||
(b) the trader with whom the consumer has that contract shall comply with the obligations in section 67 . | ||
(6) This section shall not apply where a bundle of electronic communications services or a bundle of such services and terminal equipment within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20189 establishing the European Electronic Communications Code (Recast) includes elements of an internet access service or a number-based interpersonal communications service. | ||