[1] Subject to safeguards, a contractual term which has been individually negotiated by the seller and consumer will not be treated as "unfair".
The directive reflects the European Union's desire to establish a single or internal market with progressive harmonisation of laws, so that goods and services, persons and capital can move more freely across the Union,[1]: Preamble whilst aligning the framework for protecting consumers.
The European Court of Justice, in its jurisprudence on cases raising unfair terms issues, has noted thatThe system of protection implemented by the Directive is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge.
[2]: Paragraph 19 The directive therefore requires member states to ensure that unfair terms are not binding on consumers.
[5]In the United Kingdom the Unfair Terms in Consumer Contracts Regulations 1994[6] and the Unfair Terms in Consumer Contracts Regulations 1999[7] are UK statutory instruments, which implemented the EU's directive.