S.L. 378.17 ст. 2Interpretation.

(1) Any reference in these regulations to the "Act" is a reference to the Consumer Affairs Act, and the provisions of article

2 of the said Act shall apply to these regulations, provided that the definitions contained in sub-regulation (2) shall in all instances for the purposes of these regulations prevail.

(2) In these regulations, unless the context otherwise requires -

"ancillary contract" means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract and where those goods are supplied or those services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;

"business premises" means:

(a) any immovable retail premises where the trader carries out his activity on a permanent basis; or

(b) any movable retail premises where the trader carries out his activity on a usual basis; "Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Court (Establishment of Sections) Order;

"commercial guarantee" means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;

*see regulation 1(3) of these Regulations, as originally promulgated. "compatibility" means compatibility as defined in sub-regulation (1)

of regulation 2 of the Digital Content and Digital Services Contracts Regulations;

"consumer" means any natural person who, in contracts covered by these regulations, is acting for purposes which are outside his trade, business, craft or profession; "digital content" means digital content as defined in sub-regulation

(1) of regulation 2 of the Digital Content and Digital Services

Contracts Regulations; "digital service" means digital service as defined in sub-regulation

(1) of regulation 2 of the Digital Content and Digital Services Contracts Regulations; "distance contract" means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

"durable medium" means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

"financial service" means any service of a banking, credit, insurance, personal pension, investment or payment nature; "functionality" means functionality as defined in sub-regulation (1) of regulation 2 of the Digital Content and Digital Services Contracts Regulations; "goods" means goods as defined in sub-article (1) of article 72 of the Act;

"goods made to the specifications of the consumer" means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer; "interoperability" means interoperability as defined in sub-regulation (1) of regulation 2 of the Digital Content and Digital Services Contracts Regulations; "off-premises contract" means any contract between the trader and the consumer:

(a) concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

(b) for which an offer was made by the consumer in the same circumstances as referred to in paragraph (a);

(c) concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; or

(d) concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer; "online marketplace" means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers; "personal data" means personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);"; "provider of an online marketplace" means any trader which provides an online marketplace to consumers; "public auction" means a method of sale where goods or services are offered by the trader to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services; "sales contract" means any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, including any contract having as its object both goods and services;

"service contract" means any contract other than a sales contract under which the trader supplies or undertakes to supply a service, including a digital service, to the consumer; "trader" means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for persons relating to his trade, business, craft or profession in relation to contracts covered by these regulations.