Under Article 3(1) of Directive 93/13, a non-negotiated term in the general terms and conditions of a seller or supplier which states that an online consumer contract is governed by the law of the Member State where the seller or supplier is established is unfair, in so far as it misleads the consumer into thinking that only that law applies, without informing the consumer that Article 6(2) of Regulation No 593/2008 also gives the consumer the protection of the mandatory provisions of the law that would apply without that term; that is for the national court to ascertain in the light of all the relevant circumstances.