PART 1Consumer contracts for goods, digital content and services
CHAPTER 1Introduction
2Key definitions
1
These definitions apply in this Part (as well as the definitions in section 59).
2
“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
3
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
4
A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.
5
For the purposes of Chapter 2, except to the extent mentioned in subsection (6), a person is not a consumer in relation to a sales contract if—
a
the goods are second hand goods sold at public auction, and
b
individuals have the opportunity of attending the sale in person.
6
A person is a consumer in relation to such a contract for the purposes of—
b
the other provisions of Chapter 2 as they apply in relation to those sections.
7
“Business” includes the activities of any government department or local or public authority.
8
“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.
9
“Digital content” means data which are produced and supplied in digital form.