What to do if problems arise with supplied digital content
Consumers have a number of rights when buying digital content such as computer games, TV programmes, books, computer software or mobile device apps.
If you supply digital content as part of a contract which is not of satisfactory quality, fit for a particular purpose or as described, the customer may be entitled to the following remedies.
Repair or replacement
If digital content does not meet the contract, the customer’s first step is to request a repair or replacement.
You must carry out the repair or replacement within a reasonable time and without causing significant inconvenience.
You must cover all associated costs such as labour, materials or postage.
You do not have to offer a repair or replacement if it is impossible to do so or if this is disproportionate compared to another remedy, such as a refund.
If a fault appears with the digital content within the first six months of delivery, it is presumed that the issue existed on the day of supply, unless you can prove otherwise or the circumstances make this unlikely. For example, computer software that works well for four months and only fails after the consumer installs a different programme from a different provider.
Price reduction
If a repair or replacement is not possible, or you fail to repair or replace within a reasonable time, then the customer can request a price reduction. The amount may match the total price originally paid.
Rights of consumers regarding free digital content
Consumer rights for digital content apply only if the consumer has to pay a monetary price as part of the contract.
Payments can be made using cash or other methods such as gift vouchers, or in–game virtual money. Digital content can be sold as a one–off purchase or by an ongoing subscription.
Free digital content, such as an app or game, does not carry the same rights as paid digital content. However, you are still responsible if the free digital content damages a consumer’s device or other digital content.
There are certain circumstances when free digital content is treated as paid content.
Consumers typically retain their rights when complimentary digital content is supplied with paid for goods, services or other digital content, or when it would not normally be available without payment.
For example, free antivirus software included with the sale of a computer is covered because antivirus software is usually only available for purchase or bundled with other paid goods.