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PART 1U.K.Consumer contracts for goods, digital content and services

CHAPTER 3U.K.Digital content

What statutory rights are there under a digital content contract?U.K.

36Digital content to be as describedU.K.

(1)Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader to the consumer.

(2)Where the consumer examines a trial version before the contract is made, it is not sufficient that the digital content matches (or is better than) the trial version if the digital content does not also match any description of it given by the trader to the consumer.

(3)Any information that is provided by the trader about the digital content that is information mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 (main characteristics, functionality and compatibility) to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

(4)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(5)See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Commencement Information

I1S. 36 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))