S.L. 378.17 Art. 3Applicability.

(1) These regulations shall apply, under the conditions and to the extent set out in their provisions, to any contract concluded between a trader and a consumer where the consumer pays or undertakes to pay the price. These regulations shall also apply to contracts for the supply of water, gas or electricity, including by public providers, to the extent that these commodities are provided on a contractual basis.

(1a) These regulations shall also apply where the trader supplies or undertakes to supply digital content which is not supplied on a tangible medium or a digital service to the consumer and the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer are exclusively processed by the trader for the purpose of supplying the digital content which is not supplied on a tangible medium or digital service in accordance with these regulations or for allowing the trader to comply with legal requirements to which the trader is subject, and the trader does not process those data for any other purpose.

(2) If any provision of these regulations conflicts with a provision of another law governing specific sectors, the provision of that other law shall prevail and shall apply to those specific sectors.

(3) These regulations shall not apply to contracts:

(a) for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;

(b) for healthcare as defined in regulation 2 of the Cross-

Border Healthcare Regulations, whether they are provided via healthcare facilities or not;

(c) for gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions;

(d) for financial services, unless otherwise provided for in any other law regulating financial services contracts concluded at a distance;

(e) for the creation, acquisition or transfer of immovable property or of rights in immovable property;

(f) for the construction of new buildings, the substantial conversion of existing buildings and for rental of accommodation for residential purposes;

(g) which fall within the scope of the Package Travel,

Package Holidays and Package Tours Regulations;

(h) which fall within the scope of the Protection of

Consumer (Timeshare, Long-Term Holiday Product, Resale and Exchange Contracts) Regulations;

(i) which, in accordance with national law, are established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope;

(j) for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace;

(k) for passenger transport services, with the exception of regulations 9(2), 21, 23 and 24;

(l) concluded by means of automatic vending machines or automated commercial premises;

(m) concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, internet or fax established by a consumer;

(n) for any goods sold by way of execution or otherwise by authority of law.

(4) These regulations shall not apply to off-premises contracts under which the overall price payable by the consumer does not exceed thirty euro (€30).

(5) These regulations shall not affect national general contract law such as the rules on the validity, formation or effect of a contract, in so far as general contract law aspects are not regulated in these regulations.

(6) These regulations shall not prevent traders from offering consumers contractual arrangements which go beyond the protection provided for in these regulations.

(7) These regulations shall only apply to contracts concluded on or after the 13 June 2014.