Consumer Rights Act 2022
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Application (Part 2) | ||
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12. (1) Subject to subsections (4) to (6) and sections 29 , 33 and 39 , this Part applies to any contract specified in subsection (2) that is concluded between a trader and a consumer on or after the day on which this section comes into operation. | ||
(2) The contracts referred to in subsection (1) are— | ||
(a) a sales contract, including, in the case of a sales contract for the sale of goods with digital elements falling within subsection (3), the elements of the contract that relate to the supply of the digital content or digital service, and | ||
(b) where a single contract (not being a contract for the sale of goods with digital elements) between a trader and a consumer includes elements constituting the sale of goods in combination with elements constituting— | ||
(i) the supply of digital content, | ||
(ii) the supply of a digital service, or | ||
(iii) the supply of a service, | ||
that contract so far as relating to the sale of goods. | ||
(3) A sales contract for the sale of goods with digital elements falls within this subsection where— | ||
(a) digital content or a digital service is supplied with goods under the contract (irrespective of whether the digital content or digital service is supplied by the trader or another person), and | ||
(b) the digital content or digital service is incorporated in or inter-connected with the goods in such a way that the absence of the digital content or digital service would prevent the goods from performing their functions. | ||
(4) Chapter 5 of this Part applies only if there is a commercial guarantee in relation to the goods sold under the sales contract. | ||
(5) This Part does not apply to a contract— | ||
(a) intended to operate as a mortgage, pledge, charge or other security, or | ||
(b) made by deed for which the sole consideration is the consideration imported by the deed. | ||
(6) This Part (other than Chapter 4), does not apply to a tangible medium that serves exclusively as a carrier for digital content. | ||
(7) A reference in any of Chapters 2 to 6 of this Part to a sales contract shall be construed as a reference to any contract to which this Part applies. | ||
(8) In the event of doubt as to whether the supply of incorporated or inter-connected digital content or an incorporated or inter-connected digital service forms part of a sales contract, the digital content or digital service shall be presumed to form part of the sales contract irrespective of whether the consumer is obliged to consent to a licensing agreement with a person other than the trader in order to access the digital content or digital service. | ||
(9) Nothing in this Part shall affect the entitlement of a consumer to terminate a contract under section 65 (2) or 93 (2). |