Due to the need for a system that protects the consumer when purchasing digital content, it has led to the emergence of consumer’s rights on digital content. It means that as a buyer you are protected against exploitation by the owners of the copyright.
What are the examples of these digital content; anything that you can download or stream like; films, books, computer software, mobile phone apps, computer games, virtual items purchased within computer games, television programs and software systems for operating goods such as toys and motor vehicles. It also includes for something online you have paid for or data on a physical medium like CD or DVD.
There are standard rights that apply during the supply include;
- Of satisfactory quality
- fit for a particular use
- As described by the producer
If it does not meet the above criteria you are entitled to;
- Repair and or replacement
- the right to a price decrease where it is not possible for the repairing or replacing or where this process will take a long time thus inconveniencing the buyer
- Rights to reject if it does not conform to the contract
Factors that analysis the quality include’ the description, price and all the relevant issues including the advertisement and labeling. The product condition or state considered to be valuable if it fits the intended purpose, observes safety measures, it is durable and does not have minor defects. Note that, consumers’ subjective judgment such as disliking a downloaded piece is no inclusion in the unsatisfied aspects.
It means that before the contract is made the client confirms to the supplier its intended use. That becomes the contract term expected to meet. Therefore, under this category, it is whether or not its fits to its purpose.
However, there are exceptions in the case where; example the buyer goes ahead to download an app even before the manufacturer replies to whether it will meet the purpose. That automatically becomes the customer’s failure and therefore not eligible to claim.
The content must match with the description given by the trade; it is the cause for the binding of the contract. Most of these products are due for upgrading over time, but even so, it should currently have the feature in the description or contain additional or enhanced aspects that are relevant.
Before the binding, the trader should provide specific information about; main characteristic, functionality, compatibility and type of warranty available should the product display defects upon arrival. Also, the supplier can include other services that they offer.
Other rights that you should consider apart from the above include; the right to supply.
Right to supply
It is a requirement to whether the supplier has permission to sell the digital content or not. The seller should have a license that they use and not ownership. The reason for this is to ensure that no breach of the intellectual, which may cause severe penalties.
It is essential to check the retailers’ terms and conditions on repair, refunds and exchange.
- @ September 12, 2018 8:01 pm