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PART 1Consumer contracts for goods, digital content and services

CHAPTER 3Digital content

What remedies are there if statutory rights under a digital content contract are not met?

44Right to price reduction

(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

(2)The amount of the reduction may, where appropriate, be the full amount of the price.

(3)A consumer who has that right may only exercise it in one of these situations—

(a)because of section 43(3)(a) the consumer can require neither repair nor replacement of the digital content, or

(b)the consumer has required the trader to repair or replace the digital content, but the trader is in breach of the requirement of section 43(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(5)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

(6)The trader must not impose any fee on the consumer in respect of the refund.