Module 2 · Chapter 4

Digital Content Rights: Faults, Repairs and Refunds

When an app, or a plan it makes, is faulty, the law gives the customer set remedies. This chapter shows what they are, in what order, and why no term can take them away.

≈ 7 min read 8-question test

In this chapter

  • What a customer is owed when the app or a plan is faulty
  • Why a “no refunds” line in the terms binds nobody
  • How the Terms let the app change without making it worse

4.1Faults and remedies in one paragraph

Seedlark sells the subscription and Garden Plans, each a design for one garden bed. If either is faulty, the Consumer Rights Act gives the customer remedies, in a fixed order. First, Seedlark repairs or replaces what is faulty. If that fails, the customer gets money back, which may be the whole price.

Hester’s draft said there would be no refunds in any circumstances. That line could never bind a customer, so clause 8 of the Terms sets out the remedies instead.

Key point

The customer’s remedies come from the law, not from the Terms. The Terms can explain them and add to them, but they can never take them away.

Also in this chapter

  1. What the customer is owed when something fails
  2. Why “no refunds” binds nobody
  3. Updates that never make the app worse
  4. Your job

Preview

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