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Right to have digital content or digital service brought into conformity with contract
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61. (1) Subject to subsection (2), where digital content or a digital service is not in conformity with the digital content contract or digital service contract, the consumer shall have the right to have the digital content or digital service brought into conformity with the contract in accordance with subsection (3).
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(2) Subsection (1) shall not apply where—
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(a) it would be impossible to bring the digital content or digital service into conformity with the digital content contract or digital service contract, or
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(b) bringing the digital content or digital service into conformity with the digital content contract or digital service contract would impose disproportionate costs on the trader taking into account all the circumstances of the case including in particular—
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(i) the value that the digital content or digital service would have if there were no lack of conformity, and
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(ii) the significance of the lack of conformity.
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(3) The trader shall bring the digital content or digital service into conformity with the digital content contract or digital service contract—
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(a) free of charge,
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(b) within a reasonable time after being informed by the consumer of the lack of conformity with the digital content contract or digital service contract, and
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(c) without significant inconvenience to the consumer, taking account of the nature of the digital content or digital service and the purpose for which the consumer required the digital content or digital service.
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(4) The reasonable time for bringing the digital content or digital service into conformity with the contract under subsection (3)(b) shall be the shortest possible time necessary for remedying the lack of conformity of the digital content or digital service with the contract, having regard to—
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(a) the nature and complexity of the digital content or digital service,
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(b) the nature and severity of the lack of conformity, and
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(c) the effort needed to bring the digital content or digital service into conformity with the digital content contract or digital service contract.
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