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Terms & Conditions

Ingoodnic Ltd

Terms and Conditions of www.ingoodnic.uk

Terms and Conditions

Last updated: December 29, 2019

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ingoodnic Ltd, 24 Heathland Way, Coed Darcy, Neath, SA10 6FS.
  • Country refers to: United Kingdom
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Ingoodnic Ltd - Online Shop, accessible from www.ingoodnic.uk
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive Your order cancellation notice. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or £100  if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: sales@ingoodnic.com
  • By visiting this page on our website: https://ingoodnic.uk/terms-conditions
  • By phone number: 01792 422857

 

 

STANDARD TERMS AND CONDITIONS FOR

SUPPLY OF GOODS & SERVICES OF INGOODNIC LTD

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STANDARD TERMS AND CONDITIONS FOR

SUPPLY OF GOODS & SERVICES OF INGOODNIC LTD

In this document the following words shall have the following meanings:

1 DEFINITIONS

1.1 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act

2015;

1.2 "Customer" means any person who purchases Goods and Services from the Supplier;

1.3 "Goods" means the articles specified in the Proposal;

1.4 "Proposal" means a statement of work, quotation or other similar document describing

the Goods and Services to be provided by the Supplier;

1.5 "Services" means the services specified in the Proposal;

1.6 "Supplier" means INGOODNIC LTD of 24 Heathland Way, Coed Darcy, Neath, SA10 6FS

1.7 "Terms and Conditions" means the terms and conditions of supply set out in this

document and any special terms and conditions agreed in writing by the Supplier.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and

Services by the Supplier to the Customer and shall prevail over any other documentation or

communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in

writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express

or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods

and Services, by virtue of any statute, law or regulation.

2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a

Consumer.

3 THE ORDER

3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of

30 days.

3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with

the Supplier ("the Order") within the period specified in Clause 3.1.

3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal

pursuant to these Terms and Conditions.

4 PRICE AND PAYMENT

4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of

VAT and any applicable charges outlined in the Proposal.

4.2 Payment of the price shall be in the manner specified in the Proposal.

4.3 If the Customer fails to make any payment within 7 days of it becoming due, the Supplier

shall be entitled to charge interest at the rate of 5 % above National Westminster Bank P.L.C.

base lending rate or 10 % per month (whichever be the higher) on any sum overdue to the

Supplier. Unless otherwise expressly agreed in writing, the Price must be paid in full on or

before the date of delivery of the Goods to the Customer.

5 DELIVERY

5.1 The date of delivery of the Goods and Services is as specified in the Proposal. The

Supplier may vary these times by intimating in writing details of the change to the Customer

but in any event, the Goods and Services will be delivered within 30 days of the contract date

unless there is an agreement with the Customer to the contrary.

5.2 All risk in the Goods shall pass to the Customer when they are in the physical possession

of the Customer.

6. 6 TITLE

Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for

the Goods.

7. 7 CUSTOMER'S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

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STANDARD TERMS AND CONDITIONS FOR

SUPPLY OF GOODS & SERVICES OF INGOODNIC LTD

7.1 co-operate with the Supplier;

7.2 provide the Supplier with any information reasonably required by the Supplier;

7.3 obtain all necessary permissions, licenses and consents which may be required before

the commencement of the services, the cost of which shall be the sole responsibility of the

Customer; and

7.4 comply with such other requirements as may be set out in the Proposal or otherwise

agreed between the parties.

8 SUPPLIER'S OBLIGATIONS

8.1 The Supplier warrants that the Goods will:

8.1.1 be of satisfactory quality;

8.1.2 be fit for a particular purpose where the Consumer indicates or where it is

obvious that they are required for a particular purpose;

8.1.3 match the description, sample or model;

8.1.4 be installed correctly, where installation has been agreed as part of the

contract;

8.1.5 conform to the contract to supply content where the Goods are an item that

includes digital content.

8.2 The Supplier shall perform the Services with reasonable skill and care and to a

reasonable standard in accordance with recognised standards and codes of practice.

8.3 In addition to the Customer's statutory rights, the Supplier guarantees that the Goods and

Services will be free from defects in materials and/or workmanship for a period of 6 months

from the date that the Goods and Services were supplied.

8.4 The Supplier provides the following guarantee(s) in relation to the Services carried out:

8.4.1. as per the standard manufactures guarantee or warranties purchased by the

Customer detailed in the Proposal

8.5 Clause 8.3 does not apply:

1. 8.5.1 if a fault arises due to any subsequent mechanical, chemical, electrolytic or

other damage not due to a defect in the Goods and Services after risk has passed to

the Customer;

2. 8.5.2 if a fault arises due to willful damage, abnormal working conditions, failure to

follow instructions, misuse, alteration or unauthorised repair, improper maintenance

or negligence on the part of the Customer or a third party.

8.6 If the Services are found to be defective in accordance with these Terms and Conditions

then the Supplier shall either re-perform or refund any monies paid for the defective Services

when notified by the Customer of of the defect within a reasonable time.

8.7 If the Customer has not paid for the Goods and Services in full by the date the defect in

the Goods and Services is notified to the Supplier then the Supplier has no obligation to

remedy the defect in terms of this Clause 8.

9 REMEDY FOR BREACH (GOODS)

9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer is

entitled to reject them within 30 days. This right does not apply in cases where the only

breach relates to the incorrect installation of Goods, if applicable.

9.2 If the Customer asks for repair or replacement of the Goods during this initial 30-day

period, the period is paused so that the Customer has the remainder of the 30-day period, or

seven days (whichever is longer) to check whether the repair or replacement has been

successful and to decide whether to reject the Goods.

9.3 Where the Customer rejects the Goods he is entitled to a full refund and is released from

all outstanding obligations under the contract

9.4 A refund will be given without undue delay, and in any event within 14 days of the

Supplier agreeing that the Customer is entitled to a refund.

9.5 The Supplier is responsible for the reasonable cost of returning the goods except where

the Customer is returning them to the place where he took possession of them.

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STANDARD TERMS AND CONDITIONS FOR

SUPPLY OF GOODS & SERVICES OF INGOODNIC LTD

10 REPAIR OR REPLACEMENT (GOODS)

10.1 Where there is a breach of contract, but the Customer has lost or chooses not to

exercise his right to reject the Goods, he will be entitled in the first instance to claim a repair

or replacement.

10.2 Where a repair or replacement is claimed, the Supplier must do this at no cost to the

Customer, within a reasonable time and without causing significant inconvenience.

10.3 The Customer cannot choose one of these remedies above the other if the chosen

remedy is either impossible or disproportionate as compared to the other remedy. Once the

Customer has chosen a remedy, he must give the Supplier a reasonable time to provide that

remedy.

10.4 The remedies fail if, after just one attempt at repair or replacement, the Goods still do

not meet the necessary requirements. The Customer does not have to give the Supplier

multiple opportunities to repair or replace, although he can do so if he wishes. The remedies

also fail if they are not provided within a reasonable time and without causing significant

inconvenience to the Customer.

10.5 In either case where repair or replacement fail, the Customer is entitled to further repairs or

replacements or he can claim a price reduction or the right to reject. The same rule applies if both

repair and replacement are impossible or disproportionate from the outset.

11 PRICE REDUCTION AND FINAL RIGHT TO REJECT (GOODS)

11.1 If repair or replacement is not available or is unsuccessful, or is not provided within a

reasonable time and without significant inconvenience to the Customer, then the Customer

can claim a price reduction or reject the Goods.

11.2 Where repair or replacement fail, are not available, or were not provided within a

reasonable time and without causing significant inconvenience to the Customer, the

Customer can choose whether to keep the Goods or return them. If he keeps the Goods, then

his claim will be for a reduction in price; if he returns them, he is rejecting them.

11.3 A price reduction must be an appropriate amount, which will depend on all the

circumstances of the claim. It can be any amount up to the whole price.

11.4 If the Customer rejects the Goods, then he is entitled to a refund. This refund may be

reduced to take account of any use the Customer has had from the Goods. However, no

deduction can be made for the Customer having the Goods simply because the Supplier has

delayed in collecting them. Nor can a deduction be made where Goods are rejected within six

months of supply, except where the Goods are a motor vehicle.

12 BURDEN OF PROOF (GOODS)

12.1 If the Customer chooses repair, replacement, price reduction or the final right to reject,

and if the defect is discovered within six months of delivery, it is assumed that the fault was

there at the time of delivery unless the Supplier can prove otherwise or unless this

assumption is inconsistent with the circumstances (for example, obvious signs of misuse).

12.2 If more than six months have passed, the Customer has to prove the defect was there

at the time of delivery. He must also prove the defect was there at the time of delivery if he

exercises the short-term right to reject the Goods. Some defects do not become apparent

until some time after delivery, and in these cases it is enough to prove that there was an

underlying or hidden defect at that time.

12.3 The Customer cannot claim for defects that are brought to his attention before the sale,

or if the Customer examines the Goods before purchase and any defects should have been

obvious.

12.4 The Customer cannot claim for damage he causes or if he simply changes his mind

about wanting the Goods.

12.5 Neither can the Customer claim if he chose the product himself for a purpose that is

neither obvious nor made known to the Supplier and he then finds that the item is simply

unsuitable for that purpose.

12.6 The Customer has no rights to claim for faults that appear as a result of fair wear and

tear.

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STANDARD TERMS AND CONDITIONS FOR

SUPPLY OF GOODS & SERVICES OF INGOODNIC LTD

13 CANCELLATION

13.1 The Customer may cancel an Order by notifying the Supplier in writing at the address

above within 7 days of placing an Order and any deposit paid will be refunded in full.

13.2 If the Customer fails to cancel the order within the time specified in Clause 9.2 any

deposit paid may not be returnable.

14 LIMITATION OF LIABILITY

14.1 The Supplier shall not be responsible for:

14.1.1 losses that were not caused by any breach on the part of the Supplier; or

14.1.2 any business loss (including loss of profits, revenue, contracts, anticipated

savings, data, goodwill or wasted expenditure); or

14.1.3 any indirect or consequential losses that were not foreseeable to both the

Customer and the Supplier.

14.2 The Supplier shall not be held responsible for any delay or failure to comply with its

obligations under these Terms and Conditions if the delay or failure arises from any cause

which is beyond its reasonable control. This condition does not affect the Customer’s legal

right to have Goods sent or Services provided within a reasonable time or to receive a refund

if Goods or Services ordered cannot be supplied within a reasonable time owing to a cause

beyond the Supplier’s reasonable control.

14.3 Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility

for fraudulent representations made by it or for death or personal injury caused by the

Supplier’s negligence or wilful misconduct.

15. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the

delay or failure results from events or circumstances outside its reasonable control, including

but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or

machinery or shortage or unavailability of raw materials from a natural source of supply, and

the party shall be entitled to a reasonable extension of its obligations.

16. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable

for any reason by any court of competent jurisdiction such provision shall be severed and the

remainder of the provisions hereof shall continue in full force and effect as if these Terms and

Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

17. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law

of England and Wales and the parties hereby submit to the exclusive jurisdiction of the

English and Welsh courts.

Company Details:-

Vat No. GB 226 7324 12

InGoodNic Ltd 07507965

E-mail:- sales@ingoodnic.com

 
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