Consumer Rights Act 2022
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Remedies where contract also provides for sale of goods etc. | ||
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93. (1) This section applies where a service is supplied to a consumer under a contract that provides also for the sale of goods or the supply of digital content or a digital 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 it were a contract for the supply of a service only, the consumer would have the right to obtain a proportionate reduction in the price under section 87 or to terminate the contract under section 88 , and | ||
(b) the value of the goods, digital content or digital service to the consumer would be materially reduced in the absence of the service. | ||
(4) In objectively determining for the purposes of subsection (3)(b) whether a reduction in the value of the goods, digital content or digital service to the consumer would, in the absence of the service, be reduced to an extent that would justify the termination of the contract or a proportionate reduction in the price payable under the contract, 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 the contract under subsection (2)— | ||
(a) the consumer shall comply with the obligations in section 88 (3), and | ||
(b) the trader with whom the consumer has that contract shall comply with the obligations in section 89 . | ||
(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 20181 establishing the European Electronic Communications Code (Recast) includes elements of an internet access service or a number-based interpersonal communications service. | ||
(7) This section does not apply to a consumer-hire agreement or a hire-purchase agreement. | ||