The Consumer Rights Act applies to contracts and notices between a ‘trader’ and a ‘consumer’.
A ‘consumer’ is defined as “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”. This definition of consumer is wider than existing definitions found in UK and EU law as it includes individuals who enter into contracts for a mixture of business and personal reasons.
What is a consumer?
For the purposes of this guide, a ‘consumer’ is an individual who, in his dealings with a trader, is not acting for the purposes of a business. Where a consumer presents himself as a business (for example, by setting up a business account for buying a service) the law does not consider him to be a consumer.
If the trader claims that the customer is not a consumer, and that the customer’s rights are therefore limited, it is for the trader to prove this.