- 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:
- 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;
- commercial guarantee of durability
means a producer’s commercial guarantee of durability as referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with Article 14 of Directive (EU) 2019/771, whenever the goods do not maintain their durability;
- compatibility
means compatibility as defined in point (10) of Article 2 of Directive (EU) 2019/770;
- consumer
means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession;
- digital content
means digital content as defined in point (1) of Article 2 of Directive (EU) 2019/770 of the European Parliament and of the Council;
- digital service
means a digital service as defined in point (2) of Article 2 of Directive (EU) 2019/770;
- 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;
- durability
means durability as defined in Article 2, point (13), of Directive (EU) 2019/771;
- 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 point (11) of Article 2 of Directive (EU) 2019/770;
- goods
means goods as defined in point (5) of Article 2 of Directive (EU) 2019/771 of the European Parliament and of the Council;
- interoperability
means interoperability as defined in point (12) of Article 2 of Directive (EU) 2019/770.
- off-premises contract
means any contract between the trader and 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;
- producer
means producer as defined in Article 2, point (4), of Directive (EU) 2019/771;
- 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;
- reparability score
means a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level;
- 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;
- software update
means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
- 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 purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive;