(1) If the digital product is deficient, the consumer may terminate the contract on the basis of section 327o if
1. the claim to cure is excluded by virtue of section 327l (2)
2. the consumer’s claim to cure was not complied with as stipulated in section 327l (1),
3. a deficiency becomes apparent in spite of the trader’s attempts to effect cure,
4. the deficiency is so serious that the immediate termination of the contract is justified,
5. the trader has refused to effect the proper cure as defined in section 327l (1) sentence 2, or
6. it is obvious from the circumstances that the trader will not effect the proper cure as defined in section 327l (1) sentence 2.
(2) A termination of the contract on the basis of subsection (1) is excluded if the deficiency is trivial. This does not apply to consumer contracts as defined in section 327 (3).
(3) In the cases governed by subsection (1) nos. 1 to 6, the consumer may demand compensation of damages instead of performance, provided the prerequisites stipulated in section 280 (1) have been met. Section 281 subsection (1) sentence 3 and subsection (4) are to be applied accordingly. Where the consumer demands compensation of damages instead of the full performance, the trader is entitled to claim the return of its performance under the terms of sections 327o and 327p. Section 325 applies accordingly.
(4) Should the consumer be in a position to terminate the contract on the basis of subsection (1), they may rescind the contract with regard to the entirety of the elements of the bundle contract if they have no interest in the other part of the bundle contract without the deficient digital product. Sentence 1 is not to be applied to bundle contracts in which the other element is a telecommunications service as defined in section 3 no. 61 of the Telecommunications Act.
(5) Should the consumer be in a position to terminate the contract on the basis of subsection (1), they may rescind the contract with regard to all elements of a contract in accordance with section 327a (2) if, because of the deficiency of the digital product, the thing is not suitable for customary use.