Section 46: Remedy for damage to device or to other digital content

This section applies if—

If the consumer requires the trader to provide a remedy under this section, the trader must either—

To repair the damage in accordance with this subsection, the trader must—

Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

A compensation payment under this section must be made 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 the payment.

The trader must not impose any fee on the consumer in respect of the payment.

A consumer with a right to a remedy under this section may bring a claim in civil proceedings to enforce that right.

The Limitation Act 1980 and the Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (NI 11)) apply to a claim under this section as if it were an action founded on simple contract.

The Prescription and Limitation (Scotland) Act 1973 applies to a right to a remedy under this section as if it were an obligation to which section 6 of that Act applies.