(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).

(2) Subsection (1) shall not apply where -

(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

(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 -

(i) the value that the digital content or digital service would have if there were no lack of conformity, and

(ii) the significance of the lack of conformity.