(1) Where a trader -

(a) fails to supply digital content or a digital service under a digital content contract or digital service contract in accordance with section 51, and

(b) fails to comply with a subsequent request from a consumer to supply the digital content or digital service without undue delay or within such additional period as may be expressly agreed between the parties,

the consumer shall have the right to terminate the digital content contract or digital service contract.

(2) Subsection (1) shall not apply, and the consumer shall have the right to terminate the contract immediately (and without making a request referred to in subsection (1)(b)), where -

(a) the trader has declared that the trader will not supply the digital content or digital service or it is equally clear from the circumstances that the trader will not do so, or