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2.6.2.2. Price Reduction and Termination
In General
The second group of remedies available to the consumer is the possibility of requesting…
“(a) the remedy to bring the digital content or digital service into conformity is impossible or disproportionate in accordance with paragraph 2;…
(b) the trader has not brought the digital content or digital service into conformity in accordance with paragraph 3;…
(c) a lack of conformity appears despite the trader’s attempt to bring the digital content or digital service into conformity;…
(d) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or…
(e) the trader has declared, or it is clear from the circumstances, that the trader will not bring the digital content or digital service into conformity within a reasonable time, or without significant inconvenience for the consumer.”…
As can be observed, there are five cases where a consumer can resort to the secondary…
Subparagraph (a) regulates the cases where there is impossibility or disproportionateness…
Subparagraph (b) concerns the cases where the trader fails to bring the digital product…
Subparagraph (c) provides that the consumer can resort to the secondary remedies…
Subparagraph (d) provides that if the lack of conformity is of such a serious nature,…
Subparagraph (e) provides the cases where there is an anticipation as to the trader’s…
In the satisfaction of any of the criteria found above, the consumer will be able…
Limitations For Requesting Specific Performance
Price Reduction