Section 37 | Other pre-contract information included in contract

(1)This section applies to any contract to supply digital content.

(2)Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the digital content and mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 to the Regulations (main characteristics, functionality and compatibility) is to be treated as included as a term of the contract.

(3)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(4)See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.