Consumer Rights Act 2015

CHAPTER 1Introduction

1Where Part 1 applies

(1)This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract.

(2)It applies whether the contract is written or oral or implied from the parties’ conduct, or more than one of these combined.

(3)Any of Chapters 2, 3 and 4 may apply to a contract—

(a)if it is a contract for the trader to supply goods, see Chapter 2;

(b)if it is a contract for the trader to supply digital content, see Chapter 3 (also, subsection (6));

(c)if it is a contract for the trader to supply a service, see Chapter 4 (also, subsection (6)).

(4)In each case the Chapter applies even if the contract also covers something covered by another Chapter (a mixed contract).

(5)Two or all three of those Chapters may apply to a mixed contract.

(6)For provisions about particular mixed contracts, see—

(a)section 15 (goods and installation);

(b)section 16 (goods and digital content).

(7)For other provision applying to contracts to which this Part applies, see Part 2 (unfair terms).

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.