ancillary contract — 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 (15)

business premises — any immovable retail premises where the trader carries out his activity on a permanent basis; or any movable retail premises where the trader carries out his activity on a usual basis (9)

commercial guarantee — 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 (14)

compatibility — borrowed from another act; this instrument states no meaning of its own (19)

consumer — any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession (1)

digital content — digital content as defined in point (1) of Article 2 of Directive (EU) 2019/770 of the European Parliament and of the Council Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). (11)

digital service — borrowed from another act; this instrument states no meaning of its own (16)

distance contract — 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 (7)

durable medium — 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 (10)

financial service — any service of a banking, credit, insurance, personal pension, investment or payment nature (12)

functionality — borrowed from another act; this instrument states no meaning of its own (20)

goods — goods as defined in point (5) of Article 2 of Directive (EU) 2019/771 of the European Parliament and of the Council Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28). (3)

interoperability — borrowed from another act; this instrument states no meaning of its own (21)

off-premises contract — any contract between the trader and the consumer: concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; for which an offer was made by the consumer in the same circumstances as referred to in point (a); concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; or concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer (8)

online marketplace — 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 (17)

personal data — personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). (4a)

provider of an online marketplace — any trader which provides an online marketplace to consumers (18)

public auction — 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 (13)

sales contract — 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 (5)

service contract — 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 (6)

trader — 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 (2)