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Book 2 · Law of obligations  ›  Subtitle 1 · Consumer contracts on digital products › Section 327o

Declaration of termination of contract and its legal consequences

(1) The termination of the contract is effected by a declaration being made to the trader in which the consumer’s decision to terminate is expressed. Section 351 is to be applied accordingly.

(2) In the case of the contract being terminated, the trader is to reimburse the consumer for the payments that the consumer has made in performance of the contract. The trader’s claim to payment of the agreed price ceases to exist in relation to performance that no longer is to be rendered due the contract’s termination.

(3) In derogation from subsection (2) sentence 2, the trader’s claim ceases to exist also for performance already rendered under contracts on the continuous supply of a digital product, but only for that phase of the supply period during which the digital product was deficient. The price paid for the period of time regarding which the claim has ceased to exist as per sentence 1 is to be reimbursed to the consumer.

(4) Section 327n (4) sentences 2 to 5 is to be applied accordingly to the reimbursements stipulated by subsections (2) and (3).

(5) The consumer is obliged to return to the trader without undue delay a tangible medium the latter has supplied if the trader so demands, such demand to be made no later than 14 days after termination of the contract. The trader is to bear the costs of the return shipment. Section 348 is to be applied accordingly.

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