Part 1 Consumer Contracts for Goods, Digital Content and Services (ss 1-60)
Part 1 Consumer Contracts for Goods, Digital Content and Services (ss 1-60)

1 Where 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).


2 Key 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.