Consumer Rights Act 2022
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Right to proportionate reduction in price or termination of contract | ||
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62. (1) This section applies where— | ||
(a) by virtue of section 61 (2), the consumer does not have the right specified in section 61 (1), | ||
(b) the consumer has exercised his or her right under section 61 (1) and the trader has not brought the digital content or digital service into conformity with the digital content contract or digital service contract in accordance with section 61 (3), | ||
(c) the same or a different lack of conformity appears despite the trader’s attempt to bring the digital content or digital service into conformity with the digital content contract or digital service contract, | ||
(d) the lack of conformity is of such a serious nature as to justify an immediate reduction in the price or termination of the digital content contract or digital service contract, or | ||
(e) the trader has declared, or it is clear from the circumstances, that the trader will not bring the digital content or digital service into conformity with the digital content contract or digital service contract within a reasonable time or without significant inconvenience for the consumer. | ||
(2) If under the digital content contract or digital service contract the digital content or digital service is supplied for the payment of a price, the consumer shall have the right— | ||
(a) to a proportionate reduction in the price in accordance with section 63 , or | ||
(b) subject to subsection (3), to terminate the contract in accordance with section 66 . | ||
(3) The consumer shall have the right to terminate the contract under subsection (2) only if the lack of conformity with the contract is not minor. | ||
(4) If under the digital content contract or digital service contract the digital content or digital service is supplied other than for the payment of a price, the consumer shall have the right to terminate the contract in accordance with section 66 . | ||
(5) In determining for the purpose of subsection (1)(d) whether the lack of conformity of the digital content or digital service with the digital content contract or digital service contract is of such a serious nature as to justify an immediate reduction in the price or termination of the contract, regard shall be had to the nature and severity of the lack of conformity, including whether that lack is such that— | ||
(a) the consumer cannot maintain confidence in the ability of the trader to bring the digital content or digital service into conformity with the contract, and | ||
(b) the ability of the consumer to make normal use of the digital content or digital service is severely affected and the consumer cannot reasonably be expected to trust that it would be remedied by the trader’s attempt to bring the digital content or digital service into conformity with the contract. | ||
(6) In case of dispute, it shall be for the trader to show that the lack of conformity of the digital content or digital service with the digital content contract or digital service contract is minor for the purposes of subsection (3). |