19In order to answer those questions, it is necessary to bear in mind that the 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. This leads to the consumer agreeing to terms drawn up in advance by the seller or supplier without being able to influence the content of those terms (see, inter alia, Case C-40/08 Asturcom Telecomunicaciones [2009] ECR I-9579, paragraph 29, and judgment of 14 June 2012 in Case C-618/10 Banco Español de Crédito, paragraph 39).
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