Consumer Rights Act 2022
|
Remedies where contract also provides for supply of digital content etc. | ||
|
29. (1) This section applies where goods are sold to a consumer under a contract that provides also for the supply of digital content, a digital service or 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 sale of goods only, the consumer would have the right under section 26 to obtain a proportionate reduction in the price or to terminate the contract; | ||
(b) the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods. | ||
(4) In objectively determining whether the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods for the purposes of subsection (3)(b), all the circumstances shall be taken into account, including— | ||
(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 28 (2), and | ||
(b) the trader with whom the consumer has that contract shall comply with the obligations in section 30 . | ||
(6) Subsection (3) shall not apply to a contract for terminal equipment and a bundle of services which falls within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20185 establishing the European Electronic Communications Code (Recast). | ||