The definition of “consumer contract” is a contract concluded by a person “for a purpose which can be regarded as being outside his trade and profession” (Brussels Convention, Article 13, Brussels II, Article 15, Rome Convention, Article 5; a similar wording used in Article 2 of the E-Commerce Directive. The notion of consumer has been defined in various legislative instruments such as the Rome I and Brussels I Regulation, which include specific rules for consumer protection and also in the Recital 13 (of the CESL) of the directive gives Member states the choice to extend the notion of “consumer” to “non-governmental organisations, start-ups or small and medium-sized enterprises” as indicated above. Under EU law small and medium-sized enterprises (SMEs) are never treated as consumers. However, some Member states have extended that notion of “consumer” to include SME’s such as in the case for Netherlands with a maximum of 49 employees. In France sole traders are protected so long as the business contract does not directly relate to the trader's business activity. In the UK, companies that purchases goods which they do not usually deal with may rely on consumer protection against unfair contract terms.According to the CRD art 2(1), a ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business, craft or profession. When a consumer purchases goods online he concludes a “distance contract” with a “trader under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader,” with use of distance communication up to and including the time at which the contract is concluded. A good is defined as a “moveable and tangible item” as per article 2(4) of the CRD.
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