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—

(a)sections 11(4) and (5), 12, 28 and 29, and

(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.