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2.6.1. Non-Performance
The DCD Art. 13 regulates the remedies available for the consumer in the event of…
“1. Where the trader has failed to supply the digital content or digital service in accordance with Article 5, the consumer shall call upon the trader to supply the digital content or digital service. If the trader then fails to supply the digital content or digital service without undue delay, or within an additional period of time, as expressly agreed to by the parties, the consumer shall be entitled to terminate the contract.…
2. Paragraph 1 shall not apply, and the consumer shall be entitled to terminate the contract immediately, where:…
(a) the trader has declared, or it is equally clear from the circumstances, that the trader will not supply the digital content or digital service;…
(b) the consumer and the trader have agreed, or it is clear from the circumstances attending the conclusion of the contract, that a specific time for the supply is essential for the consumer and the trader fails to supply the digital content or digital service by or at that time.…
3. Where the consumer terminates the contract under paragraph 1 or 2 of this Article, Articles 15 to 18 shall apply accordingly.”…
The regulation of the remedies for non-performance in detail in the DCD can be considered…
DCD Art. 13 should be read in conjunction with DCD Art. 5 concerning the supply of…
Failure to supply should be interpreted as no supply at all, meaning that supplying…
The article provides a two-pronged remedy for the consumer for such a possibility,…
2.6. The Consequences of Non-Conformity Under the DCD
2.6.1.1. Termination After Calling Out the Trader
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