(1) The following provisions are not to be applied to a consumer contract under which the trader enters into obligation to lease digital products to the consumer:
1. section 535 (1) sentence 2 and sections 536 to 536d, on the rights in the case of defects and
2. section 543 subsection (2) sentence 1 no. 1 and subsection (4), on the rights in the case of failure to effect supply.
The provisions of Division 3 Title 2a take the place of the provisions not to be applied in accordance with sentence 1. The exclusion of application under sentence 1 no. 2 does not apply if the contract has as its subject matter a tangible medium serving exclusively as a carrier of digital content.
(2) Where the consumer terminates a consumer contract in accordance with subsection (1) for failure to effect supply (section 327c), deficiency (section 327m) or modification (section 327r (3) and 4) of the digital product, sections 546 to 548 are not to be applied. The provisions of Division 3 Title 2a take the place of sections 546 to 548 that are not to be applied in accordance with sentence 1.
(3) In the case of a consumer contract under which the trader enters into obligation to lease to the consumer a thing that incorporates a digital product or is inter-connected with it, the exclusions of application under subsections (1) and (2) apply accordingly to those elements of the contract that relate to the digital product.
(4) Section 536a (2) on the trader’s claim against the distribution partner to reimbursement of those expenses that the trader incurred in its relationship with the consumer under section 327l is not to be applied to an agreement between traders serving the supply of digital products in accordance with a consumer contract under subsection (1) or (3). The provisions of Division 3 Title 2a Subtitle 2 take the place of section 536a (2) that is not to be applied in accordance with sentence 1.