64In order to define those concepts, it should be recalled, first, concerning the circumstances in which such an imbalance arises ‘contrary to the requirement of good faith’, that, having regard to the 16th recital of Directive 93/13, the national court must assess whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to such a term in individual contract negotiations (judgment of 26 January 2017, Banco Primus, C‑421/14, EU:C:2017:60, paragraph 60 and the case-law cited).
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