2.

Paragraph 1 shall not apply, and the consumer shall be entitled to terminate the contract immediately, where: the trader has declared, or it is equally clear from the circumstances, that the trader will not supply the digital content or digital service; the consumer and the trader have agreed, or it is clear from the circumstances attending the conclusion of the contract, that a specific time for the supply is essential for the consumer and the trader fails to supply the digital content or digital service by or at that time.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.