Consumer rights issue? Go legal
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The Consumer Rights Act defines digital content as ‘data which are produced and supplied in digital form’.
This means you have rights in relation to anything you download or stream, including apps, ebooks, films, games or music.
Digital content must be:
If your digital content does not meet these criteria and develops a fault, you have the right to have your digital product repaired or replaced.
Our experts will guide you to step by step to achieve the best outcome for you.
Get legal advice£99 for a whole year or £9 per month + a one-off £29 joining fee. (Cancel anytime). Provided by W? Ltd.
make a complaint
Complain about faulty goods
What did you buy?
The retailer has one opportunity to repair or replace any goods or digital content that are of unsatisfactory quality, unfit for purpose or not as described, before you can claim a refund.
You can choose whether you want the goods to be repaired or replaced, but the retailer can refuse if they can show that your choice is disproportionately expensive compared with the alternative.
You’re entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
If you don’t want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.
How you purchased the content matters:
The retailer will also have to compensate you if any device or other digital content you own is damaged as a result of the faulty digital content you’ve downloaded.
This applies where that damage would not have occurred had ‘reasonable care and skill’ been exercised in the provision of the digital content, even if that content was provided free of charge.
Digital downloads are given their own unique category under the Consumer Contracts Regulations and are therefore not services or goods.
If you want to download something within 14 days of buying it, you will have to give your consent to waive the 14-day cooling-off period.
If you don’t give your consent, the 14-day cooling-off period still applies, but you won’t be able to download your digital content until this period has ended.
This is to prevent you from changing your mind after you have downloaded the content.
It’s always worth checking the seller’s terms and conditions because some retailers may offer refunds or exchanges as a gesture of goodwill if you make a genuine mistake on a purchase, even if you’ve waived your right to cancel.
Before you buy:
If you’ve made a genuine mistake with a download purchase, it’s worth contacting the retailer to see if you can get a refund or exchange the download for the one you really want – you’ve nothing to lose.
Some retailers do have a window of opportunity to apply for a refund on a download purchase if you change your mind.