CCR 2013: Definitions
Definitions [Reg 1-6]
Citation: Regulation 5-6 (key definitions), SI 2013/3134 Reg 5, Consumer Contracts Regulations Reg 5-6
Q: What types of contracts do these regulations apply to? A: Distance contracts (online, phone, mail order) and off-premises contracts (doorstep selling, trade fairs) between traders and consumers [Reg 5].
Key rule (Reg 5): A “distance contract” is a contract concluded between trader and consumer under an organised distance sales scheme without simultaneous physical presence, using one or more means of distance communication.
Rule: These definitions determine whether the 14-day cancellation right applies. On-premises contracts generally don’t have the same cancellation rights.
Key Definitions [Reg 5]
Distance Contract
| Element | Definition |
|---|---|
| Distance contract | Contract concluded without simultaneous physical presence of trader and consumer |
| Organised scheme | Must be part of trader’s organised distance sales/service provision |
| Means of distance communication | Email, phone, post, website, etc. |
Examples of distance contracts:
- Online purchases
- Phone orders
- Mail order catalogues
- App purchases
Off-Premises Contract
| Element | Definition |
|---|---|
| Off-premises contract | Contract concluded in presence of trader AND consumer away from trader’s premises |
| Immediate offer | Consumer makes offer immediately after being addressed outside trader’s premises |
| Excursion | Contract during excursion organised by trader |
Examples of off-premises contracts:
- Doorstep sales
- Sales at consumer’s workplace
- Sales at trade fairs
- Street sales
Consumer
| Element | Definition |
|---|---|
| Consumer | Individual acting for purposes wholly or mainly outside trade, business, craft or profession |
| Key test | Purpose of transaction, not status of person |
Trader
| Element | Definition |
|---|---|
| Trader | Person acting for purposes relating to trade, business, craft or profession |
| Includes | Person acting in name of or on behalf of trader |
Digital Content [Reg 5]
| Element | Definition |
|---|---|
| Digital content | Data produced and supplied in digital form |
| Includes | Software, apps, games, music, videos, ebooks |
| Special rules | Reg 37 applies to loss of cancellation right |
Durable Medium [Reg 5]
| Element | Definition |
|---|---|
| Durable medium | Enables consumer to store info addressed personally |
| Allows access | Future reference for adequate period |
| Unchanged reproduction | Must allow unchanged reproduction |
| Examples | Paper, email, PDF, USB drive |
| NOT durable | Ordinary webpage (unless saved/printed) |
Contracts Excluded [Reg 6]
These regulations do NOT apply to:
| Exclusion | Reason |
|---|---|
| Financial services | Separate FCA rules |
| Construction of buildings | Complexity |
| Residential lettings | Separate housing law |
| Package travel | Package Travel Regulations |
| Gambling | Gambling Act 2005 |
| Healthcare by professionals | NHS and professional rules |
| Social services | Public service |
| Passenger transport | Separate transport rules |
| Vending machines / automated premises | No trader present |
AI Agent Relevance
For AI agents conducting transactions:
| Issue | Definition Impact |
|---|---|
| Online transaction = distance contract | 14-day cancellation applies |
| No physical presence | Distance contract definition met |
| Acting for consumer | Agent may create binding distance contract |
| Digital content | Special cancellation rules apply |
| Durable medium | Email/PDF confirmations satisfy requirement |