From 1st October 2015, The Consumer Rights Act 2015 comes into force with key changes affecting retailers and consumers in relation to goods, digital content and services.
Digital content as ‘goods’
Retailers’ terms and conditions in relation to digital content will need to reflect that when selling digital content, a contract will be treated as including terms that the content is of satisfactory quality and is fit for purpose. In addition to this, terms and conditions will need to acknowledge that a consumer will be able to request repairs, replacements, price reductions or full refunds under certain circumstances when there is an issue with the content supplied.
No right to reject digital content
In direct comparison with general goods, there are no rights to reject digital content even after a short period of time, unless there is an issue with the content; for example, if the content isn’t as described or doesn’t work. There are also no corresponding rights to say that a consumer has to return or delete digital content.
Liability for damage caused by digital content
Retailers will now be liable for damage caused by digital content, to other digital content or to the device used to view/use the digital content, even if the content is free.
Digital content now has consumer protection, as a new category of product (this includes all digital forms of data).
Where retailers’ contracts refer to both digital content and services, these will need to be treated separately using the relevant rules for each. This will need to be reflected in retailers’ terms and conditions.
What retailers need to do
If you are a retailer, your terms and conditions will have to be changed to reflect the changes brought about by the Consumer Rights Act 2015 by the time that it comes into force on 1st October 2015.
To go through this with a specialist business lawyer, contact our corporate law team at our offices in Leicester, Hinckley and Market Harborough.
Leicester 0116 254 8871
Hinckley 01455 639 900
Market Harborough 01858 467 181