40The circumstances referred to in Article 4(1)of Directive 93/13 are those which could have been known to the seller or supplier at that time the agreement was concluded and which were of such a nature that they could affect the future performance of the agreement, since a contractual term which manifests itself only during the performance of the agreement term may give rise to an imbalance between the parties (see, to that effect, judgment of 20 September 2017, Andriciuc and Others, C‑186/16, EU:C:2017:703, paragraph 54).
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