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

Deviating agreements

(1) The trader may not rely on an agreement with the consumer that deviates from the provisions of this Subtitle to the disadvantage of the consumer unless the agreement was made only after the consumer notified the trader of the failure to supply the digital product or of the digital product’s deficiency.

(2) The trader may not rely on an agreement with the consumer on a modification of the digital product that deviates from the provisions of this Subtitle to the disadvantage of the consumer unless the agreement was made after the consumer was informed of the modification of the digital product in accordance with section 327r.

(3) The provisions of this Subtitle apply even if they are circumvented by other arrangements.

(4) Subsections (1) and (2) do not apply to the exclusion or limitation of the claim to compensation of damages.

(5) Section 327h remains unaffected.

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