I. – For the purposes of this Title, the following are deemed to be:
1° Distance contract: any contract concluded between a trader and a consumer, under an organised distance sales or service-provision scheme, without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract;
2° Off-premises contract: any contract concluded between a trader and a consumer:
a) in a place other than that in which the trader carries on business on a permanent or regular basis, in the simultaneous physical presence of the parties, including following a solicitation or offer made by the consumer;
or
b) Or in the place where the trader carries on business permanently or habitually or by means of distance communication, immediately after the consumer has been personally and individually solicited in a place other than that where the trader carries on business permanently or habitually and where the parties were physically present at the same time;
c) Or during an excursion organised by the trader or by means of distance communication.
c) or during an excursion organised by the trader with the purpose or effect of promoting and selling goods or services to the consumer.
II. – The provisions of this Title apply to contracts for the sale of one or more goods, within the meaning of article 528 of the Civil Code, and to contracts under which the trader provides or undertakes to provide a service to the consumer in return for which the consumer pays or undertakes to pay the price. A contract which has as its object both the transfer of ownership of a good and the provision of a service, including the provision of delivery of goods, is treated in the same way as a contract of sale.
III. – The provisions of this Title shall also apply to contracts under which the trader provides or undertakes to provide the consumer with material-less digital content or a digital service and for which the consumer provides or undertakes to provide him with personal data, except where such data are processed exclusively by him to provide the material-less digital content or the digital service, or to enable him to fulfil his legal obligations.