(1) Off-premises contracts are contracts
1. that are concluded with the simultaneous physical presence of the consumer and of the trader, in a place that is not the business premises of the trader,
2. for which an offer was made by the consumer in the same circumstances as referred to in no. 1,
3. that are concluded on the business premises of the trader or through any means of distance communication, but where, immediately prior to such conclusion, the consumer had been personally and individually addressed, in a place that is not the business premises of the trader, in the simultaneous physical presence of the consumer and the trader, or
4. that are concluded during an excursion organised by the trader or with the trader’s assistance, with the aim of promoting goods or services to the consumer and entering into the corresponding contracts with them.
Any persons acting in the trader’s name or on the trader’s behalf are in a position equivalent to that of the trader.
(2) Business premises within the meaning of subsection (1) are any immovable retail premises in which the trader carries out their activity on a permanent basis and any movable retail premises in which the trader carries out their activity on a usual basis. Any retail premises in which the person acting in the trader’s name or on the trader’s behalf carries out their activity on a permanent basis or customarily are equivalent to the premises of the trader.