(1) This section applies where -
(a) by virtue of section 61(2), the consumer does not have the right specified in section 61(1),
(b) the consumer has exercised his or her right under section 61(1) and the trader has not brought the digital content or digital service into conformity with the digital content contract or digital service contract in accordance with section 61(3),
(c) the same or a different lack of conformity appears despite the trader's attempt to bring the digital content or digital service into conformity with the digital content contract or digital service contract,
(d) the lack of conformity is of such a serious nature as to justify an immediate reduction in the price or termination of the digital content contract or digital service contract, or
(e) the trader has declared, or it is clear from the circumstances, that the trader will not bring the digital content or digital service into conformity with the digital content contract or digital service contract within a
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