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Consumer Rights Act 2015

Commentary on Sections

Part 1: Consumer Contracts for Goods, Digital Content and Services

Chapter 3 Digital Content
What statutory rights are there under a digital content contract?
Section 37: Other pre-contract information included in the contract

188.This section establishes that the other type of information described above (e.g. information on the trader’s name and address) provided by the trader pursuant to the obligation in the 2013 Regulations also forms part of the contract between the trader and the consumer. Like the provisions covered in paragraph 71 above, this implements the obligation to enforce relevant parts of the 2013 Regulations.

189.Subsection (3) provides that changes to this information are only effective when expressly agreed between the consumer and the trader (although it may not be necessary to do so where the pre-contract information itself reflects the fact that the particular potential changes envisaged may be made).

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