Section 2: Definitions

Unauthorised Translation

Unless the subject matter or context otherwise requires, in this Act,

(a) “Consumer” means a person or organisation that consumes or uses any goods or services under this Act.

(b) “Contract” means an agreement under Section 7.

(c) “Purchaser” means a person or organisation that purchases any goods or services under this Act, and that term also includes their representative.

(d) “Transporter” means a person, firm, company, or organisation employed by a businessperson to transport goods, and that term also includes a representative of such person, firm, company, or organisation.

(e) “Inspection Officer” means an inspection officer appointed or designated under the prevailing federal law relating to consumer protection.

(f) “Seller” means a person, firm, company, or organisation that provides goods or services to an intermediary entrepreneur for sale in accordance with this Act, and the term also refers to an entrepreneur engaged in list-based electronic trading.

(g) “Intermediary entrepreneur” means a person, firm, company, or organisation that facilitates the sale of goods or services of a seller to a buyer through an electronic platform.

(h) “Ministry” means the Ministry of Industry, Commerce and Supplies, Government of Nepal.

(i) “Director General” means the Director General of the Department.

(j) “Goods” means a substance made from a mixture of goods or goods consumed or used by the consumer in a way that does not cause harm, loss, or any negative impact on health, and the term also refers to the raw materials, colors, fragrances, or chemicals used in the manufacture of such goods.

(k) “Electronic platform” means a system designed to collect, transmit, or store information through websites, applications, software, the Internet, intranets, social media marketplaces, etc., using computers, mobile phones, or similar electronic devices.

(l) “Electronic trade (e-commerce)” means the process of buying or selling any goods or services through an electronic platform.

Provided that, if an electronic platform is used to provide information about or promote goods or services, it shall not be considered e-commerce.

(m) “Department” means the Department of Commerce, Supplies, and Consumer Protection of the Government of Nepal.

(n) “Businessperson” means an intermediary businessperson, or a businessperson engaged in e-commerce based on a list.

(o) “List-based electronic business operator” means a firm, company, or organisation that prepares a list of goods or services in its possession and sells the goods or services in such list directly to consumers through an electronic platform.

(p) “Service” means electricity, drinking water, telephone, information technology, health, education and consulting, shipping, tourism, entertainment, transportation, sewage maintenance, banking, insurance, or other services of a similar nature, and the term also refers to legal, audit, medical, or engineering services.