Table of Contents
Consumer Rights Act 2022 (No. 37)Introductory TextActs Referred toPart 1 Preliminary and general (ss. 1-9)1. Short title and commencement2. Interpretation3. Regulations4. Making of contract5. Contract terms may be more favourable to consumer6. Powers of court in relation to remedies under Parts 2 to 47. Representations purporting to restrict rights of consumer: offences8. Repeals and revocations9. SavingsPart 2 Sales contracts (ss. 10-47)Chapter 1 Interpretation and application (Part 2) (ss. 10-13)10. Interpretation (Part 2)11. Sales contracts12. Application (Part 2)13. Power of Minister to extend application of Part 2Chapter 2 Consumer rights in sales contracts (ss. 14-22)14. Right to terminate sales contract where trader has no right to sell15. Goods to be in conformity with sales contract16. Goods to be free from charge and other encumbrance17. Subjective requirements for conformity with sales contract18. Objective requirements for conformity with sales contract19. Incorrect installation of goods20. Implied terms of sales contract21. Liability of trader under sales contract22. Burden of proof under sales contractChapter 3 Consumer remedies in sales contracts (ss. 23-34)23. Right to remedies under sections 24 and 2524. Short-term right to terminate sales contract25. Repair or replacement of goods26. Right to proportionate reduction in price or final termination of sales contract27. Price reduction: sales contract28. Obligations of consumer in event of termination of sales contract29. Remedies where contract also provides for supply of digital content etc.30. Obligations of trader where sales contract terminated31. Time limits and means of reimbursement by trader: sales contract32. General right to withhold payment: sales contract33. Effect of termination of sales contract on ancillary contract34. Consumer's right to pursue other remediesChapter 4 Other rules in sales contracts (ss. 35-39)35. Passing of risk36. Delivery of goods under sales contract37. Instalment deliveries38. Right of redress of trader (Part 2)39. Exclusion or limitation of liability of trader (Part 2)Chapter 5 Commercial guarantees (ss. 40-45)40. Liability for commercial guarantee41. Liability of trader for other guarantor's commercial guarantee42. Liability under commercial guarantee to subsequent consumers43. Right of action pursuant to commercial guarantee44. Provision and content of commercial guarantee statement45. Exclusion or limitation of rights of consumer under commercial guaranteeChapter 6 Other third party rights (ss. 46-47)46. Rights of recipient of gift47. Rights of certain users of motor vehiclePart 3 Digital content contracts and digital service contracts (ss. 48-73)Chapter 1 Interpretation and application (Part 3) (ss. 48-49)48. Interpretation (Part 3)49. Application (Part 3)Chapter 2 Consumer rights in digital content contracts and digital service contracts (ss. 50-59)50. Right to supply digital content or digital service51. Duty to supply digital content or digital service52. Digital content or digital service to be in conformity with digital content contract or digital service contract53. Subjective requirements for conformity with digital content contract or digital service contract54. Objective requirements for conformity with digital content contract or digital service contract55. Incorrect integration of digital content or digital service56. Implied terms of digital content contract or digital service contract57. Third party rights58. Liability of trader under digital content contract or digital service contract59. Burden of proof under digital content contract or digital service contractChapter 3 Consumer remedies in digital content contracts and digital service contracts (ss. 60-73)60. Remedy for failure to supply digital content or digital service61. Right to have digital content or digital service brought into conformity with contract62. Right to proportionate reduction in price or termination of contract63. Price reduction: digital content contract or digital service contract64. Modification of digital content or digital service65. Remedies where contract also provides for sale of goods etc.66. Obligations of consumer in event of termination of digital content contract or digital service contract67. Obligations of trader where digital content contract or digital service contract terminated68. Time limits and means of reimbursement by trader: digital content contract or digital service contract69. General right to withhold payment digital content contract or digital service contract70. Effect of termination of digital content contract or digital service contract on ancillary contract71. Exclusion or limitation of liability of trader (Part 3)72. Right of redress of trader (Part 3)73. Other remediesPart 4 Service contracts (ss. 74-95)Chapter 1 Interpretation and application (Part 4) (ss. 74-77)74. Interpretation (Part 4)75. Application (Part 4)76. Power of Minister to restrict or extend application of Part 477. Effect of Part on other enactments etc.Chapter 2 Consumer rights in service contracts (ss. 78-83)78. Supply of service79. Service to be in conformity with service contract80. Subjective requirements for conformity with service contract81. Objective requirements for conformity with service contract82. Implied terms of service contract83. Reasonable price to be paid for serviceChapter 3 Consumer remedies in service contracts (ss. 84-95)84. Remedy for failure to supply service85. Right to have service brought into conformity with service contract86. Right to proportionate reduction in price or termination of service contract87. Price reduction: service contract88. Obligations of consumer in event of termination of service contract89. Obligations of trader where service contract terminated90. Time limits and means of reimbursement by trader: service contract91. General right to withhold payment: service contract92. Effect of termination of service contract on ancillary contract93. Remedies where contract also provides for sale of goods etc.94. Exclusion or limitation of liability of trader (Part 4)95. Continuing entitlement to pursue other remediesPart 5 Consumer information, cancellation and other rights (ss. 96-125)Chapter 1 Interpretation and application (ss. 96-100)96. Interpretation (Part 5)97. Application (Part 5)98. Off-premises contracts to which Part 5 does not apply99. Rights of consumer cannot be waived100. Burden of proofChapter 2 Consumer information for on-premises contract (ss. 101-102)101. Information requirements for on-premises contract102. Power of Minister to specify further information requirementsChapter 3 Consumer information for off-premises contract (ss. 103-105)103. Information requirements for off-premises contract104. Information requirements for off-premises contract for repairs or maintenance105. Provision of copy or confirmation of off-premises contractChapter 4 Consumer information for distance contract (ss. 106-109)106. Information requirements for distance contract107. Additional information requirements for distance contract concluded on online marketplace108. Additional information requirements for distance contract concluded by electronic means109. Provision of confirmation of distance contractChapter 5 Right to cancel distance contract or off-premises contract (ss. 110-121)110. Interpretation (Chapter 5)111. Application (Chapter 5)112. Right to cancel113. Duration of cancellation period114. Omission of information on right to cancel115. Exercise of right to cancel116. Effect of cancellation or withdrawal117. Obligations of trader in event of cancellation118. Return of goods and obligations of consumer in event of cancellation119. Performance of certain contracts during cancellation period120. Supply of digital content during cancellation period121. Effect of cancellation on ancillary contractChapter 6 Other consumer rights (ss. 122-125)122. Fee for use of means of payment123. Additional payments124. Charges for communication by telephone125. Inertia sellingPart 6 Unfair terms in consumer contracts (ss. 126-140)Chapter 1 Interpretation and application (Part 6) (ss. 126-128)126. Interpretation (Part 6)127. Application (Part 6)128. Application of Part in relation to implied term of consumer contractChapter 2 Unfair terms in consumer contracts (ss. 129-140)129. Unfair term not binding130. Meaning of "unfair"131. Exclusion from assessment for unfairness132. Consumer contract terms that are always unfair133. Consumer contract terms presumed to be unfair134. Consumer contract terms to be transparent135. Interpretation of term of consumer contract136. Duty of court to consider whether term of consumer contract unfair137. Application to court for declaration or injunction138. Transfer from Circuit Court to High Court139. Publication of order made by court under section 137(1)140. OffencePart 7 Proceedings and penalties (ss. 141-147)141. Interpretation (Part 7)142. Offences: penalties143. Liability for offences by body corporate144. Defence of due diligence145. Convicted persons liable for costs and expenses of proceedings and investigation146. Convicted traders liable to compensate consumers for loss or damage147. Prosecution of summary offencesPart 8 Amendment of Consumer Credit Act 1995 (ss. 148-151)148. Amendment of section 2 of Act of 1995149. Sections 73A to 73X: Interpretation150. Insertion of sections 73A to 73X into Act of 1995151. Application of sections 73A to 83 of Act of 1995 to consumer-hire agreementsPart 9 Amendment of Consumer Protection Act 2007 (ss. 152-170)152. Amendment of section 2 of Act of 2007153. Amendment of section 41 of Act of 2007154. Misleading: marketing of goods as identical where significantly different155. Amendment of section 46 of Act of 2007156. Amendment of section 47 of Act of 2007157. Amendment of section 55 of Act of 2007158. Amendment of section 67 of Act of 2007159. Amendment of section 71 of Act of 2007160. Amendment of section 73 of Act of 2007161. Consumer's right to price reduction and termination of contract162. Amendment of section 75 of Act of 2007163. Time limit for instituting summary proceedings164. Amendment of section 79 of Act of 2007165. Commission for Communications Regulation may institute summary proceedings for certain offences166. Amendment of section 85 of Act of 2007167. Amendment of section 90 of Act of 2007168. Amendment of section 91 of Act of 2007169. Amendment of Schedule 4 to Act of 2007170. Amendment of Schedule 5 to Act of 2007Part 10 Amendment of Central Bank Act 1942 (s. 171)171. Amendment of Central Bank Act 1942Part 11 Amendment of Communications Regulation Act 2002 (ss. 172-173)172. Amendment of section 10 of Communications Regulation Act 2002173. Amendment of section 39 of Communications Regulation Act 2002Part 12 Amendment of Competition and Consumer Protection Act 2014 (s. 174)174. Amendment of section 12 of Competition and Consumer Protection Act 2014Part 13 Amendment of Companies Act 2014 (s. 175)175. Amendment of section 459 of Companies Act 2014Part 14 Minor and consequential amendments of enactments (s. 176)176. Minor and consequential amendments of enactmentsSchedule 1 Repeals and RevocationsSchedule 1, Part 1 RepealsSchedule 1, Part 2 RevocationsSchedule 2 Information to be provided: on-premises contractSchedule 3 Information to be provided: off-premises contract or distance contractSchedule 4 Information concerning the exercise of the right to cancelSchedule 4, Part 1 Model instructions on right to cancelSchedule 4, Part 2 Model cancellation formSchedule 5Schedule 5, Part 1 Contract terms presumed unfairSchedule 5, Part 2 Restrictions on application of Part 1Schedule 6Schedule 6, Part 1 Amendments of ActsSchedule 6, Part 2 Amendment of Statutory Instruments
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59. Burden of proof under digital content contract or digital service contract
(1) The burden of proof as to whether digital content or a digital service was supplied in accordance with section 51 shall be on the trader.
(2) Subject to subsection (4), where a digital content contract or digital service contract provides for a single act of supply, or a series of individual acts of supply, of digital content or a digital service, the burden of proof as to whether the digital content or digital service supplied by the trader was in conformity with the contract at the time of supply shall be on the trader for a lack of conformity with the digital content contract or digital service contract which becomes apparent during the period of 12 months beginning with the supply of the digital content or digital service.