Skip to main content

Digital Content - Returns and Refunds


In the last post, a brief overview was provided explaining the protections and entitlements that the Consumer Rights Act 2015 affords consumers in relation to obtaining refunds without a receipt. It is important to know that consumer protection rights regarding refund / return entitlements for faulty or unwanted products, are not just for those who purchase tangible goods from retailers (either in store or online), but it also extends to consumers who purchase intangible items.

What are tangible items?

Tangible products, often referred to as "goods", mean any tangible moveable items such as a phone, computer, clothing items, household items and including water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

Intangible items

Intangible items include digital content. Digital content is data produced and supplied in digital form such as, software, apps, games, eBooks, online journals, ringtones and digital media such as music, videos, television and films.

Digital content may be supplied in tangible form (for example on a disk or pre-loaded on to a device such as a phone or tablet), or in intangible form such as downloaded, streamed, or accessed on the web.

14 day right to cancel

For digital content purchased at a distance (online, over the phone, etc.) or off premises (a place that is not the trader's or companies business premises - for example, in a consumer's home or place of work), consumers have a 14 day period in which they can change their mind and cancel the contract without a reason. However, this right to cancel does not apply to sealed audio, video and software products once unsealed, once the digital content has begun to be streamed or downloaded, or the performance of the digital content has started (unless found to have a defect).

The digital content purchased must be of satisfactory quality, taking into account the description of the content, the price paid and other relevant circumstances such as labeling and advertising. It must also be fit for purpose and as described.

 If a defect in the quality or condition of the digital content is found, the following remedies are available to the consumer:
  • Repair or replacement of product - (but will not be available if it is either impossible to do so or if disproportionate compared to another available remedy). 
  • Price reduction ( triggered only if the remedy of repair / replacement is not possible or where it has been requested but not performed within a reasonable time). 
The following remedies can be claimed in addition to or instead of the two remedies mentioned above:
  • Full refund 
  • Claim for damages 
  • Forcing the supplier to perform the contract or 
  • Not to pay for the product. 
Digital content that causes damage to devices

If a device belonging to the consumer is damaged because of the digital content, or the digital content causes damage to other digital content (such as corrupting files), then one of the following two remedies will be available to the customer, if the damage caused was one which would not have occurred if the supplier had exercised reasonable skill:
  • Repairing the damage, which must be done within a reasonable time, without causing significant inconvenience and without cost to the consumer; or 
  • Compensation which must be given without undue delay, (within 14 days of the trader agreeing to pay the compensation). The consumer cannot be charged a fee for this. 
No defect, just a change of mind?

As mentioned above, there is a 14 day cooling off period for consumers who have changed their mind, however, if you download or use the digital content you waive your right to cancel without a reason.

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.
 

Comments

Popular posts from this blog

Worker's Rights - Back Pay For Underpaid Sleep-In Care Workers

A new compliance scheme was launched back in November 2017 for social care providers that may have incorrectly paid workers below the minimum hourly rate for full shifts. This relates to sleep-in or night shift care workers who were paid a fixed rate rather than the hourly National Minimum Wage.  How did it come about?  For years, the UK Government and the HMRC allowed employers to pay sleep-in or night shift carers a flat rate, which for some workers was as little as £30.00 per shift. Following two Employment Appeal Tribunal cases in 2016, in which support workers took their employers to employment tribunal to challenge how they were being paid for sleep-in shifts, this all changed. The tribunal ruled that support workers should be paid the hourly National Minimum Wage for sleep-in shifts, with up to 6 years back dated payments. The Social Care Compliance Scheme To help assist social care providers who may have underpaid workers, the Government introduced the So...

Tenancy Agreements

Does a landlord have to provide a tenancy agreement?  A landlord does not legally have to provide a tenant with a written tenancy agreement, although most landlords do. If a tenant however, requests a written statement of terms, then a landlord has to provide that and this must include; when the tenancy started, how long the tenancy is for and what the rent is.  Verbal Agreements  A tenant without a written agreement, still has legal rights. If the landlord accepts rent from a person, in exchange for them living in the property, any verbal agreement they have, counts as a legal agreement, one which is regulated by the Landlord and Tenant Act 1985. Verbal agreements can in some cases be much more difficult to enforce if any disputes arise and that's why it's in the best interests of both parties to have a written agreement. This will help to ensure that both the landlord and the tenant understand their rights and responsibilities.  Fixed-term tenancie...