Consumer Rights Act 2022
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Duty to supply digital content or digital service | ||
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51. (1) Where a digital content contract or digital service contract is concluded between a trader and a consumer, the trader shall supply the digital content or digital service to the consumer in accordance with the contract. | ||
(2) Where a digital content contract or digital service contract is concluded between a trader and a consumer, the trader shall, except where the parties have agreed otherwise, supply the digital content or the digital service to the consumer without undue delay after the conclusion of the contract. | ||
(3) Where a digital content contract or digital service contract provides for a continuous supply of the digital content or digital service for a period specified in the contract, the trader shall supply the digital content or digital service to the consumer for that period. | ||
(4) Where a digital content contract or digital service contract provides for the supply of the digital content or digital service on more than one occasion during the period for which the contract subsists, the trader shall supply the digital content or digital service to the consumer on each of those occasions. | ||
(5) A trader shall be deemed to supply digital content or a digital service in accordance with this section where— | ||
(a) the digital content or any means that is suitable for accessing or downloading the digital content is made available or accessible to— | ||
(i) the consumer, or | ||
(ii) a physical or virtual facility chosen by the consumer for that purpose, | ||
or | ||
(b) the digital service is made accessible to— | ||
(i) the consumer, or | ||
(ii) a physical or virtual facility chosen by the consumer for that purpose. | ||
(6) A consumer shall not be deemed to have chosen a physical or virtual facility under subsection (5) if— | ||
(a) the facility is under the trader’s control or is contractually linked to the trader, or | ||
(b) the facility was the only facility offered by the trader to receive or access the digital content or digital service. | ||
(7) Where a trader fails to supply digital content or a digital service to the consumer in accordance with this section— | ||
(a) the trader shall be liable for that failure, and | ||
(b) the consumer shall have the right to the remedies specified in section 60 . |