40In that regard, it must be borne 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 or her bargaining power and his or her level of knowledge, which 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 (judgment of 27 February 2014, Pohotovosť, C‑470/12, EU:C:2014:101, paragraph 39 and the case-law cited). In addition, Article 38 of the Charter provides that European Union policies must ensure a high level of consumer protection. That requirement applies to the implementation of Directive 93/13 (judgment of 27 February 2014, Pohotovosť, C‑470/12, EU:C:2014:101, paragraph 52).
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