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2019/0770 EN Art. 13 . Output generated live by software developed by IusOnDemand srl


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Article 13

Remedy for the failure to supply

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.


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