Digital content products are products that can be downloaded or streamed on a computer or mobile device. These products are usually bought online and include games, videos, music clips, films or live sport events.

When buying these goods, the Consumer Rights Regulations give you the right to specific information before concluding the purchase. You should be informed on:

■ the identity of the trader and their contact details;

■ main characteristics of the products or services that are about to be purchased;

■ the total price, inclusive of taxes; and

■ information on the right to cancel the contract of sale.

Furthermore, providers of digital content must provide specific information requirements on the functionality and interoperability of digital content. While functionality refers to the ways in which digital content can be used, relevant interoperability should include information regarding the standard hardware and software environment with which the digital content is compatible, such as the operating system of the hardware device, the necessary version and certain hardware features.

Since there are various types of digital products, the functionality and interoperability parameters change depending on the product being sold. Hence, traders are to provide this information according to a particular product’s characteristics.

This information must be made available to consumers in a way that is appropriate to the means of distance communications used. Furthermore, the language used must be plain and intelligible. If the download or streaming of the digital content involves a payment, even in case of optional additional and built-in purchases, consumers must be clearly informed about this before the order is placed.

This also applies to any extra payment in addition to the product originally purchased. If the distance seller does not comply with this obligation, the consumer will not be bound by the contract or order. If the streaming or downloading of digital content is to take place during the 14-day cancellation period, the consumer should be clearly informed of losing the right of withdrawal as soon as the downloading or streaming starts. The consumer must give his consent and acknowledge that he is aware of giving up his cancellation rights. If the distance seller does not properly inform the consumer about this, then the latter will not have to pay for the service provided during the cooling-off period.

When exercising their cancellation rights consumers should be aware that traders are not allowed to impose any charges. In situations where the payment for the unwanted product  has already been made, the Consumer Rights Regulations state that the trader must refund the money to the consumer within 14 days from the day the latter informed the trader about the cancellation.

The best way to cancel a distance sale is in writing. In these letters consumers should include the date when the product or service was purchased and a reference account number. The cancellation will be effective from the day the consumer sends the letter to the trader.

Consumers can also use the cancellation form which should have been provided to them before the distance contract was concluded, but if they do not use this form to cancel the sale, the cancellation of the sale is still valid.

If there is a dispute about whether the distance contract was cancelled within the 14-day cooling-off period, it is the consumer’s responsibility to provide this proof.

Hence it is in the consumers’ best interest to use a method that allows them to keep a copy as proof when the cancellation request was sent.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.