(1) If, within one year since its having been supplied, the lack of conformity of the digital product to the requirements set out in section 327e or section 327g becomes apparent, then the presumption will be that the digital product was deficient already at the time of supply.
(2) If, in the course of its supply, the lack of conformity of a digital product supplied on a continuous basis to the requirements set out in section 327e or section 327g becomes apparent, then the presumption will be that the digital product was deficient over the course of its supply thus far.
(3) Subject to subsection (4), the assumptions as per subsections (1) and (2) do not apply if
1. the consumer’s digital environment was incompatible with the technical requirements of the digital product at the relevant time or
2. the trader is unable to determine whether the prerequisites set out in no. 1 had been met because the consumer fails to perform an act of cooperation necessary for this purpose that would have been possible for it to perform and the trader intended to deploy technical means to make said determination that would have been least invasive for the consumer.
(4) Subsection (3) is to be applied only if the trader has informed the consumer, prior to the conclusion of contract, in clear and comprehensible terms, of
1. the technical requirements as to the digitial environment of the digital product in the case of subsection (3) no. 1 or
2. the obligations of the consumer as set out in subsection (3) no. 2.