(1) The stipulations of this provision apply supplementally to the purchase of a good with digital elements (section 327a (3) sentence 1), in the context of which the trader enters into obligation to supply the digital elements or to have them supplied by a third party. Section 327a (3) sentence 2 applies with regard to the question of whether the obligation of the trader comprises the supply of the digital content or of the digital services.
(2) A good with digital elements is free of material defects if, upon devolution of the risk and, with regard to an obligation to provide updates, also during the period defined in subsection (3) no. 2 and subsection (4) no. 2, it conforms to the subjective requirements, the objective requirements, the assembly requirements and the installation requirements.
(3) A good with digital elements conforms to subjective requirements if
1. it conforms to the requirements set out in section 434 (2) and
2. the updates agreed in the purchase agreement for the digital elements are supplied during the period of time relevant in accordance with the contract.
(4) A good with digital elements conforms to objective requirements if
1. it conforms to the requirements set out in section 434 (3) and
2. updates are supplied to the consumer during the period that the consumer may expect based on the nature and the purpose of the good and of its digital elements, taking account of the circumstances and óf the nature of the contract, that are necessary to keep the good in conformity, and if the consumer is informed of such updates.
(5) Where the consumer fails to install an update that was supplied to them in accordance with subsection (4) within a reasonable time limit, the trader will not be liable for a material defect that has been caused solely by the lack of this update if
1. the trader has informed the consumer of the update’s availability and the consequences of a failure to install it and
2. the fact that the consumer has failed to install the update or has installed it incorrectly is not due to the consumer having been supplied with defective installation instructions.
(6) Insofar as an assembly or an installation is to be performed, a good with digital elements conforms to
1. the assembly requirements if it conforms to the requirements set out in section 434 (4) and
2. the installation requirements if the installation
a) of the digital elements was performed correctly or
b) if, despite the installation having been performed incorrectly, this is based neither on an incorrect installation by the trader nor on a defect given in the instructions that were handed over by the trader or the party that supplied the digital elements.