The following Commercial practice note provides comprehensive and up to date legal information covering:
Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.
This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to digital content, and sets out the consumer’s statutory rights under the CRA 2015 in respect of contracts for the supply of digital content. This Practice Note considers the standards that apply to digital content and the remedies of right to repair or replacement, right to a price reduction, and right to a refund, and the remedy for damage to device or other digital content.
For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary.
For consideration of the application of the CRA 2015 to goods, services and unfair terms, see Practice Notes:
Consumer Rights Act 2015—goods
Consumer Rights Act 2015—services
Consumer Rights Act 2015—unfair terms
Helpful guidance on the CRA 2015’s application to digital content has been provided by the Chartered Trading Standards Institute (CTSI Guidance) and the Department for Business, Energy
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