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Digital content, as distinct from goods and services, is now covered directly in law

The definition of digital content is wide and includes computer programs, smartphone apps, e-books, music and movies on physical media such as CDs and Blu-ray discs, digital content included with goods such as cars or washing machines, as well as that provided by direct download or streaming via the internet to the consumer’s equipment.

If you also supply goods and/or services you’ll need to read the Quick Guides ‘Goods’ and ‘Services’
Digital content: your obligations
The trader is obliged to supply, and the consumer has the right to receive, digital content – that is:

of satisfactory quality
fit for a particular purpose
as described
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Are customers entitled to a refund, repair or replacement?
If the consumer is supplied with faulty digital content, depending on the nature or extent of problem, they may be entitled to:

price reduction
Where digital content is supplied as an inherent part of physical goods – such as computer systems, smartphones and washing machines – the remedies that are available to the consumer are those for goods. This is important, as the remedies for goods include the right to reject, which is not available for digital content alone.

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Damage caused to devices or other digital content
If supplied digital content causes damage to the consumer’s equipment, device or other digital content the consumer is entitled to either:

have the damaged equipment etc repaired by the trader
… or
receive compensation from the trader
For more detailed information please see the In-depth Guides. Once you’ve finished, make sure you look at the full range of Quick Guides to see whether there are any other areas of law that affect your business.

Before you start
Make sure you choose your location using the drop-down list at the top of the page. The In-depth Guides provide country-specific information as some laws are different in England, Scotland and Wales, and some are enforced differently

Source: Business Companion

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