Consumer Rights Act 2022
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Supply of digital content during cancellation period | ||
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120. (1) This section applies where a consumer cancels a contract for the supply of digital content that is not supplied on a tangible medium under section 112 . | ||
(2) The consumer is not liable for the cost of that supply, whether in full or in part, during the cancellation period if— | ||
(a) the consumer has not given his or her prior express consent to the beginning of the performance of the digital content before the expiry of the cancellation period, | ||
(b) the consumer has not acknowledged, in giving his or her consent to the beginning of the performance of the digital content before the expiry of the cancellation period, that the right to cancel would be lost, or | ||
(c) the trader has failed to provide confirmation in accordance with subsection (3) of— | ||
(i) the consumer’s prior express consent to the beginning of the performance of the digital content before the expiry of the cancellation period, and | ||
(ii) the consumer’s acknowledgement of the loss of the right to cancel the contract where the performance of the digital content has begun with the consumer’s prior express consent before the expiry of the cancellation period. | ||
(3) Confirmation is provided in accordance with this subsection— | ||
(a) where it relates to an off-premises contract, if it is provided in accordance with section 105 , and | ||
(b) where it relates to a distance contract, if it is provided in accordance with section 109 . |