(1)A party to a contract " deals as consumer " in relation to another party if—
(a)he neither makes the contract in the course of a business nor holds himself out as doing so; and
(b)the other party does make the contract in the course of a business; and
(c)in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
(2)But on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as dealing as consumer.
(3)Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.