28Consequently, and by way of analogy, it must be accepted, as the Advocate General essentially noted in points 39 to 42 of his Opinion, that a consumer may waive the right to rely on the unfairness of a contractual term in the context of a novation agreement, whereby the consumer waives the effects that would result from that term being declared to be unfair, provided that that waiver is the result of free and informed consent.
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