Consumer Rights Act 2022
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PART 5 Consumer information, cancellation and other rights | ||
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Chapter 1 Interpretation and application | ||
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Interpretation (Part 5) | ||
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96. (1) In this Part— | ||
“business premises”, in relation to a trader, means— | ||
(a) any immovable retail premises where the trader carries out activities in the course of the trader’s trade, business, craft or profession on a permanent basis, or | ||
(b) any movable retail premises where the trader usually carries out activities in the course of the trader’s trade, business, craft or profession; | ||
“Consumer Rights Directive” means Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201111 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, as amended by Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 201512 and Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 201913 ; | ||
“goods” includes digital content that is supplied on a tangible medium; | ||
“linked travel arrangement”, “organiser”, “package”, “package travel contract” and “traveller” have the same meanings as they have in the Package Holidays and Travel Trade Act 1995 ; | ||
“on-premises contract” means any contract between a trader and a consumer other than a distance contract or an off-premises contract; | ||
“public auction” means a method of sale under which— | ||
(a) goods or services are offered by a trader through a transparent, competitive bidding procedure run by an auctioneer to consumers who attend, or are given the possibility to attend, the auction, in person, and | ||
(b) the successful bidder is bound to purchase the goods or services; | ||
“sales contract” has the meaning assigned to it by section 11 (1) and includes a contract that has as its object both the sale of goods and the supply of a service; | ||
“service contract” has the meaning assigned to it by section 2 except that it does not include— | ||
(a) a contract for the supply of gas, water or electricity that is not supplied in a limited volume or set quantity, or | ||
(b) a contract for the supply of district heating. | ||
(2) A word or expression used in this Part that is also used in the Consumer Rights Directive has, unless the context otherwise requires, the same meaning in this Part as it has in that Directive. | ||
(3) A court shall construe this Part in a manner that gives effect to the Consumer Rights Directive, and for this purpose, the court shall have regard to the provisions of that Directive, including its preamble. | ||
11 OJ No. L 304, 22.11.2011, p. 64 |