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Council Directive 93/13/EECShow full title
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
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Changes over time for: Article 3
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Article 3U.K.
1.A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.
2.A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract.
The fact that certain aspects of a term or one specific term have been individually negotiated shall not exclude the application of this Article to the rest of a contract if an overall assessment of the contract indicates that it is nevertheless a pre-formulated standard contract.
Where any seller or supplier claims that a standard term has been individually negotiated, the burden of proof in this respect shall be incumbent on him.
3.The Annex shall contain an indicative and non-exhaustive list of the terms which may be regarded as unfair.
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