49It follows from the foregoing that the system laid down by Directive 93/13 cannot prevent the parties to a contract from remedying the unfairness of a term which it contains by making a contractual amendment, provided that, first, the consumer’s waiver of the right to rely on unfairness is the result of his or her free and informed consent and, second, the new amending term is not itself unfair, which it is for the referring court to ascertain.
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