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general terms and conditions of sales

PREAMBLE

These General Terms and Conditions of Sale (hereinafter "Ts&Cs") are concluded exclusively between (1) the company MCC, registered with the Trade and Companies Register of Nanterre under number B420 972 622, whose head office is located at 18 rue du mail 75002 PARIS FRANCE, in its capacity as publisher of the site www.absolutcashmere.com, a clothing retail service, the exclusive online licensee of the Absolut Cashmere trademark (hereinafter referred to asAbsolut Cashmere ), and (2) any person making a purchase on the www.absolutcashmere.com site(hereinafter referred to as the "Customer").
 
The Customer hereby formally declares that he/she is an individual, a natural person, and neither a professional nor a merchant, that he/she is of legal age or has parental permission, and that he/she has full and complete legal capacity to enter into contract and place an order online on the www.absolutcashmere.com site (hereinafter, Absolut Cashmere)
 
The Customer and Absolut Cashmere together agree that their relationship shall be governed exclusively by these Terms and Conditions.
In this regard, the Customer acknowledges that any order validated by means of a "double click" implies irrevocable adherence to these General Terms and Conditions of Sale. This validation of the Customer associated with the procedure of authentication and non-repudiation and the protection of the integrity of the messages constitutes the manifestation of the unequivocal will of the Parties thus deemed signatories of the act of remote sale.

 Absolut Cashmere reserves the right to adapt or modify these General Terms & Conditions of Sale at any time. Each order shall be deemed to have been concluded under the terms of the Ts&Cs in force on the day it is placed on the Absolut Cashmere site, with the date of posting of the Ts&Cs to be taken as the effective date.
 
For any question relating to an online purchase, the Customer can contact the Absolut Cashmere Customer Service
 - Either, directly via the site, via the contact forms found in his/her personal area in the "My Account" section
 - Or by telephone at +33 1 89 71 04 26, from Monday to Friday from 7:00 AM to 9:00 PM,
 - Or by post, to the following address: MCC - Absolut Cashmere - 18 rue du mail 75002 PARIS FRANCE

ARTICLE 1. VALIDATION OF THE ORDER ON THE ABSOLUT CASHMERE SITE

In order to place an order on the Absolut Cashmere site, the Customer will be guided through the following steps:
 - Selection of the products on the site and their addition to the "Basket",
 - Selection, when promoted, of the delivery method for the products displayed in the "basket",
 - Presentation of the summary of the order, which can be modified, and its total price,
 - Selection of the method of payment,
 - Sending of an order confirmation email to the Customer confirming the acceptance of the order after receipt of payment.
 
The order conformation email sent to the Customer confirms the acceptance by Absolut Cashmere of the Customer's order, and confirms the conclusion of the sales contract between the Parties.

 

ARTICLE 2. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS

The products displayed on the Absolut Cashmere site at any given moment are, in principle, deemed to be available, in stock, at that same moment, except for any limited time offers within the context of a specific promotion expressly identified as such on the product page.

This theoretical availability is checked after the order has been accepted in payment and is confirmed by means of the sending of the shipping confirmation email by Absolut Cashmere.
In the event that one or more products is unavailable, Absolut Cashmere undertakes either to offer the Customer a new delivery date for the ordered product(s) or to reimburse them by re-crediting the means of payment used at the time of purchase, and this within 14 calendar days of the order payment. Should a technical issue prevent the re-crediting of the payment method used, Absolut Cashmere will offer the Customer the option to have his/her order refunded by means of a bank transfer.

Product and price offers are deemed to be those displayed at checkout, represented by the "BASKET" page of the Absolut Cashmere website, and therefore only the price indicated on this page, corresponding to that invoiced to the Customer at the time of placement of the order, is valid and binding towards Absolut Cashmere from a contractual perspective. Therefore, Absolut Cashmere cannot be held liable for any typographical error on any other page that may occur on graphic and/or promotional elements within the site.
 

ARTICLE 3. PRICES

The prices displayed on the Absolut Cashmere site are expressed in euros (€) and are understood to be public prices, including all charges as may be applicable in mainland France on the date of consultation of said offers. The VAT applied is that in force on the date of the placing of the order. Specific taxes, aside from VAT, applicable according to valid regulations (such as, for example, the furniture eco-tax or the participation eco-tax), are only indicated on the shopping basket page, which is the only page that shall be considered legally binding, as indicated in the final paragraph of article 2 above.
 
All product prices displayed on the Absolut Cashmere site exclude shipping fees or fees for any ancillary services. They only include the price of the product itself, as described, and its packaging.
 
Absolut Cashmere reserves the right to change its prices at any time but agrees to apply the prices displayed at the time of the placing the order, subject to availability on that date.
 
The products shall remain the property of Absolut Cashmere until full receipt of the price by the latter

 

ARTICLE 4. PAYMENT

4.1 PAYMENT METHODS

 Whatever the method of payment chosen from among those accepted on our site, orders will only be deemed to have been placed following validation or receipt of payment.
Therefore, as long as the payment is not validated by the intermediary chosen by the consumer, the order cannot be prepared by the Absolut Cashmere departments.

4.1.1 Cash payment by Bank Card

Payment can be made using the following bank cards: Carte Bleue, VISA and MASTERCARD.
The Customer can consult the General Terms and Conditions of Sale and Use of each of these bank cards on our partners' websites.
The selection of one of these payment cards implies tacit acceptance of the said partners' General Terms and Conditions of Sale and Use.
We invite our customers to refer to these, Absolut Cashmere not being able to be held responsible for the conditions thus enforced by these independent partners.
 
Online payment by credit card is perfectly secure and allows you to enter your card number, its expiration date and security code in the spaces provided with confidence. In fact, the credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. Absolut Cashmere does not have access to this contact information under any circumstances and cannot store it on its servers. This is why the information is required for each new transaction on our site.

4.1.2 Cash payment by Paypal

Payments by Paypal are permitted on the Absolut Cashmere site and are then made via the partner in question and in accordance with its own terms and conditions of sale and its terms regarding the use of its services.
The selection of this payment method implies tacit acceptance of the partners' general terms and conditions of sale and use.
We invite our customers to refer to these terms and conditions, Absolut Cashmere not being able to be held responsible for the conditions thus enforced by these independent partners.
Paypal Terms and Conditions of Sale and Use
 

4.2 FIGHT AGAINST FRAUD

Absolut Cashmere reserves the right to check the validity of the payment before the order is shipped, by any means it deems necessary (including identification, proof of residence, etc.).

4.3 PAYMENT INCIDENTS

 Absolut Cashmere reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order, or with whom the settlement of a payment dispute is pending. In the event of fraud, Absolut Cashmere reserves the right to terminate any member without any notice or compensation.
 

ARTICLE 5. DELIVERY

5.1 ORDER PREPARATION TIME

 Absolut Cashmere reserves the right to subcontract all or part of the order preparation and shipment to a third party mandated to perform this service.
All products sold by Absolut Cashmere are deemed to be available in stock, orders are prepared within 72 business hours of the first business day following the placement of the order as defined under these Ts&Cs. Therefore, orders placed on a Saturday, Sunday or a public holiday will be processed on the first business day thereafter.

All time limits mentioned within the Absolut Cashmere, site are understood to be clear time limits.
The product ordered is delivered to the address listed on the order form and recorded as the "delivery" address.
In the event of a data input error, in particular an incorrect or incomplete delivery address, Absolut Cashmere cannot be held liable for the consequences in terms of delay or impossibility of delivery. All costs relating to the reshipment of products following an inputting error on the part of Customer shall be borne exclusively by the latter.

5.2 ORDER DELIVERY TIMES

Absolut Cashmere reserves the right to choose the most appropriate means of transport depending on the nature of the product, its weight and volume, which the Customer declares to be aware of and to accept.

Delivery times will not exceed 5 working days after the date of validation of the payment by the Customer (date of registration of the order).

Delivery times cannot be ensured in case of force majeure, as defined by law and case law. The delivery times do not take into account any procedures for the checking of the Customer's payment that would delay the shipment of his order (see provisions of Article 4.2).
The stipulated deadlines run from the time the order is recorded. The expected delivery date is indicated at the time of order and on each of our product pages. This time is an average time corresponding to the service used for delivery in mainland France. If not present to receive delivery, the Customer will be responsible for retrieving the product from the relevant services.

5.3 DELIVERY TRACKING

The Customer can track his/her order at any time using the order number communicated to him/her in the email formally acknowledging the order, or in his/her "My Account" area on the Absolut Cashmere website.

This area enables precise tracking of each offered shipping method, of the processing of the order and its status, relating in particular to its forwarding or delivery.
 
It should be noted that, all communication between the Customer and the Absolut Cashmere site being essentially carried out via email exchanges, it is essential that the Customer provide Absolut Cashmere with a valid and regularly updated email address. Otherwise, Absolut Cashmere will not be held liable for any consequences resulting from the communication of an incorrect or non-updated email address.

5.4 DELIVERY ZONES

Delivery can be made to mainland France, Germany, Belgium, Luxembourg, Netherlands, Austria, Ireland, Portugal, Spain, Italy, Denmark, Estonia, Hungary, Lithuania, Poland, Czech Republic, Sweden, Slovakia, Bulgaria, Cyprus, Croatia, Finland, Greece, Malta, Romania, Switzerland, United Kingdom, Norway, United States, Canada, Singapore, Hong Kong, Japan, South Korea, United Arab Emirates, Qatar and Australia.

5.5 SPECIAL DELIVERY TERMS

The delivery methods used for Absolut Cashmere products are established by Absolut Cashmere and are dependent on the products suitability for postage based on its size.

When a product is deemed to be of a size suitable for postage, the Customer will be free to choose between collection from a Pick-up Point or delivery to his/her home address upon signature with Colissimo or express delivery with Chronopost.
 
Following the validation of these shipping methods and prior to the payment of the order, the Absolut Cashmere site will display a summary of the order using the respective shipping method for which the products in question are eligible, and according to the option selected by the Customer when prompted to make a selection. The cost of the assigned or selected shipping methods will then be displayed before the order is progressed to payment.

When the order has been duly prepared and is ready for shipment, the Customer will receive an email relating to the shipment of each part of his/her order by the duly agreed shipping method.

 Delivery to a Pick-up Point:

Absolut Cashmere provides Customers who have chosen the "Pick-up Point" option with the names and addresses of the professionals who offer these services closest to the chosen delivery location. The Customer will be able to consult the opening times of the chosen Pick-up Point.
Upon receipt of the order at the Picl-up Point, the Customer will have 14 calendar days in which to collect his/her packages. Should he/she fail to do so, the order will be returned to Absolut Cashmere, which will follow up with the Customer by email with a view to resending the order at his/her expense. Should the Customer fail to respond within 7 days of the sending of this reminder email, Absolut Cashmere will consider the Customer to have exercised his/her right of return and will proceed with a refund under the conditions laid out for the exercise of the right of withdrawal (cf. article 6-1 of these Ts&Cs).

Delivery upon signature by Colissimo :

Delivery upon signature by Colissimo is a service offered by The French Post Office, subject to its own terms of service. If the recipient is not present, and it is not possible to leave the parcel with a guardian, the Customer will receive a delivery note. He/she will then have a period of 14 calendar days to collect his/her package from the post office indicated on the said note. Should he/she fail to do so, the order will be returned to Absolut Cashmere, which will follow up with the Customer by email with a view to resending the order at his/her expense. Should the Customer fail to make the return within the 7 days of the sending of this reminder email, Absolut Cashmere will consider the Customer to have exercised his/her right of return and will proceed with a refund under the conditions laid out for the exercise of the right of withdrawal (cf. article 6-1 of these Ts&Cs).

Express delivery with Chronopost: 

Express delivery by Chronopost is a service offered by Chronopost and is subject to its own Terms of Use. Delivery times vary depending on the zone: in France, the time for express home delivery is 24 hours for all orders placed between Monday and Friday at noon. For all orders placed on Friday after 12am (Paris time), Saturday and Sunday, delivery is made on Tuesday before 1pm (Paris time). For countries outside France, the delivery time for express delivery is 2 working days.

 5.6 DELIVERY TARIFFS

Transport invoicing is based on fixed prices taking into account the destination and the choice of delivery method.
The prices indicated are all in euros (€) all taxes and charges included, including the VAT rate at the rate in effect on the day of delivery, except for Switzerland, the amounts are displayed excluding VAT and the costs and taxes are payable by the customer upon arrival at customs.

The amount of fees is automatically calculated when a product is added to the basket based on delivery to mainland France. The Customer can freely consult the invoicing and the carrier associated with his products in the DELIVERY section.

The final calculation of shipping costs for other destinations is carried out once the postal code has been entered on the delivery address and before validation of the order by the Customer.

Specific offers on free shipping costs are only valid for shipping to mainland France, unless expressly stated otherwise.

ARTICLE 6. RIGHT OF WITHDRAWAL

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

Timeframe

 In accordance with the provisions of Article L. 121-21 of the French Consumer Code, the Customer has a period of 14 calendar days in which to exercise his/her right of withdrawal, without the need to justify his/her decision on any grounds whatsoever. The period shall run from the day after the order is received.
 In the case of an order for multiple goods delivered separately or in the case of an order for a good consisting of multiple lots or parts, whereby delivery is staggered over a defined period, the period shall run from receipt of the final goods or lot or part.
For contracts providing for the regular delivery of goods over a defined period, the period shall run from receipt of the first goods.
 

Exercise of the right of withdrawal

 To exercise his/her right of withdrawal, the Customer shall inform Absolut Cashmere of his/her decision by submitting, prior the expiry of the aforementioned 14-day period, the standard withdrawal form provided for this purpose, which will have been sent to him/her with the order confirmation email (and set out in appendix to these Ts&Cs), or any other statement devoid of ambiguity and expressing his will to withdraw.
 

Loss of the right of withdrawal

In application of Article L 121-21-8 of the French Consumer Code, it is noted that the right of withdrawal cannot be applied to contracts:
1. For the supply of services fully executed before the end of the withdrawal period and whereby execution has begun following the prior express agreement of the consumer and the express renunciation of his/her right of withdrawal;

2. The supply of goods or services whereby the price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3. The supply of goods produced to the consumer's specifications or clearly personalised;

4. The supply of goods that are likely to deteriorate or expire rapidly;

5. The supply of goods whereby the seal has been removed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

7. The supply of alcoholic beverages whereby their delivery is deferred beyond thirty days and whereby the value agreed upon at the conclusion of contract is dependent on fluctuations in the market beyond the control of the trader;

8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him/her, within the limit of spare parts and work deemed strictly necessary as a matter of urgency;

9. The supply of audio or video recordings or computer software whereby their seal has been removed by the consumer after delivery;

10. The supply of a newspaper, periodical or magazine, excluding subscription contracts for these publications;

11. Concluded at a public auction;

12. The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;

13. The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer has issued his/her express prior consent and expressly waived his/her right of withdrawal.

 Condition relating to the condition of the product

 In order to exercise this right of withdrawal, the returned product must be returned in a condition conducive to its immediate resale. The product should therefore be returned in its (their) original packaging (which must not have been opened), unworn, unwashed, and complete with its label. Absolut Cashmere reserves the right to refuse to refund the product if all of these conditions have not been met.

Refund terms

In the event of the exercise of the right of withdrawal within the aforementioned period, and in accordance with the provisions of Article L121-21-4 of the Consumer Code, Absolut Cashmere will reimburse the Customer for the price of the returned product(s) as well as the shipping costs for the product(s) in question within 14 calendar days from the date on which it was informed of the Customer's decision to withdraw. 
Absolut Cashmere reserves the right to defer the refund until the goods are recovered or until the Customer has provided proof of shipment of the goods, whichever is earlier.
Reimbursement will always be made on the basis of the amounts actually paid by the Customer, as stated on his/her invoice. However, Absolut Cashmere reserves the right to refuse the reimbursement of additional shipping costs incurred as a result of the use of a more expensive method of delivery expressly chosen by the Customer when Absolut Cashmere had offered a standard method of delivery.
The shipping costs to be refunded will be determined as if the Customer had never purchased the returned product(s).
Finally, as a matter of principle and unless otherwise expressly requested by the Customer, Absolut Cashmere will proceed to refund the Customer by re-crediting the payment method used when making payment. In the event that it is physically impossible to use this process, Absolut Cashmere will offer the option of a bank check to be issued to the Customer for the amount due and will send this to the Customer by mail.

Return shipping costs

The costs for returns are expressly charged to the customer, who acknowledges and accepts this by adhering to these Terms and Conditions.
 

ARTICLE 7. ORDER COMPLAINTS

If, upon unpacking his products, and within 15 calendar days from receipt of the products, the Customer should discover that a product does not conform to his order or to the product specifications (e.g. error regarding the product, model, colour, other) Absolut Cashmere then undertakes to replace it or to reimburse the Customer for the total of all fees paid, as soon as the defect is noticed and confirmed.
 
To this end, the Customer shall contact Absolut Cashmere Customer Service to raise the claim and shall follow the prescribed procedure.
Following receipt of the duly returned product and the confirmation of the non-conformity or damage reported by the Customer, Absolut Cashmere will, at its sole discretion,
- Either send a new product to the Customer, at no additional cost,
 - Or proceed with the refund of the sums paid when purchasing this product.
 Any other potential defect occurring during the "life" of the product will be assessed within the context of recourse to the after-sales service.
 

ARTICLE 8. AFTER-SALES SERVICE

Outside of the commercial or legal warranty, the Customer will always have the ability to contact the Absolut Cashmere Customer Service to raise questions relating to the use of a product, its maintenance, or the order of a part that has become defective.


 

ARTICLE 9. INTELLECTUAL PROPERTY

All elements of the Absolut Cashmere site, whether visual or audio-related, including the brand, logo, text, photos, videos and domain name, are protected by copyright, trademark or patent law. The publisher of the Absolut Cashmere site is the holder of an exclusive licensing and operating agreement granted by their owner. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different, perhaps even more restrictive provisions of the French Intellectual Property Code.
Any reproduction in whole or in part of the Absolut Cashmere site or of any of its audio, visual or text-based content is strictly prohibited unless expressly agreed in advance in writing.
 

ARTICLE 10. LIABILITY

For all steps involved in accessing the site, the order process, delivery, Customer Service or subsequent services, Absolut Cashmere is bound only within the limits of due care. Consequently, Absolut Cashmere shall not be held liable for any inconvenience or damage inherent to the use of the Internet, including disruptions to service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
 Furthermore, Absolut Cashmere shall not be held liable in the event that the order is not completed or if it is prevented from fulfilling any of its obligations on account of a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.
 

ARTICLE 11. COMPLETENESS

In the event that one of the clauses of this contract should be declared null and void as the result of a change in legislation, regulations or by a court ruling, this will not affect the validity of and respect for all the other provisions of these General Terms & Conditions of Sale.
 

ARTICLE 12. DURATION

These T&Cs apply for as long as the services and products are offered by Absolut Cashmere online.
 

ARTICLE 13. EVIDENCE

The computerised records, retained within the computer systems of Absolut Cashmere and its partners, under reasonable security conditions, will be considered as proof of communication, orders and payments between the Parties.
 

ARTICLE 14. RETENTION AND ARCHIVING OF TRANSACTIONS

Purchase orders and invoices are archived on a reliable and durable media, so as to constitute a true and long-lasting copy in accordance with article 1348 of the French Civil code.
 

ARTICLE 15. DISPUTES

These conditions are subject to French law.
In the event of a dispute, Absolut Cashmere and the Customer will attempt to resolve it amicably, either through a conventional mediation procedure or any other alternative dispute resolution method. In case of failure of transaction, only the French courts will have jurisdiction.
 

ARTICLE 16. ABSOLUT CASHMERE CUSTOMER SERVICE

Should the Customer require information or have questions, the Absolut Cashmere Customer Service is available to assist:
- Either by phone on +33 1 89 71 04 26, from Monday to Friday from 7:00 am to 9:00 pm.
- Electronically via the contact form, after logging in to the "My Account" area.
For any subsequent electronic correspondence, and in order to facilitate and accelerate the processing of requests, the email address used for the Customer account should be used.
 

ARTICLE 17. DATA PROTECTION PROVISIONS

In accordance with the provisions of Law No. 78-17 of 6 January, 1978, known as the "Data Protection Act" and covering information technology, files and freedoms, the automated processing of nominative data by the Absolut Cashmere website has been declared to the French National Commission on Information Technology and Freedoms (CNIL). The collection of your personal data is mandatory so that we can manage your purchases and follow up your orders. Your personal data is intended for the company, Absolute Cashmere, and any of its partners who are responsible for managing your orders and deliveries and the administrative authorities in question.

Subject to your consent, the collection of your personal data may also mean that you receive newsletters, promotional or commercial offers from Absolut Cashmere or its business partners.

Every person has a permanent right to access, modify, rectify or delete personal data concerning them, in application of articles 39 and 40 of the French "Informatique et Libertés" law no. 78-17 of 6 January, 1978. To exercise this right, send a letter to the Absolut Cashmere - 18 rue du mail 75002 PARIS FRANCE

Security of your personal data

The company, Absolute Cashmere is committed to respecting the provisions set forth in the French "Informatique et Libertés" law of 6 January 1978.
The company, Absolut Cashmere, guarantees that optimal security measures have been taken to prevent the loss, misuse and alteration of information entrusted to it by internet users. All data that is received on the Absolut Cashmere website is backed up daily and stored on backup media.

Cookies

While viewing the Site, browser cookies may be stored on the visitor's computer and may record information about the visitor's browsing activities on the Site, such as the pages viewed, the date and time they were viewed, etc. A pop-up banner will be displayed accordingly, which enables the visitor to reject such cookies. The visitor has the option to disable the installation of cookies at any time, by changing their internet browser settings accordingly.

While most browsers are set by default to accept the installation of cookies, the visitor has the option to disable the use of cookies by selecting the appropriate browser settings. However, rejecting cookies and other similar devices may prevent access to certain features, pages and/or areas of the Site, which the visitor expressly accepts upon rejecting said cookies.

To learn more about cookies, please click here

Google Analytics

The company, Absolut Cashmere, reserves the right to track the use of the Site by the visitor using the web analytics service known as Google Analytics, provided by the Company Google Inc. The Google Analytics system uses cookies (see paragraph above).

The information generated by the cookie concerning the user's use of the website (including the IP address) will be transmitted to and stored by Google Inc. on servers in the United States. This data will be used for the purpose of evaluating the use of the Site, compiling reports on the activity of the Site to Absolut Cashmere, and to provide other services relating to the activity of the Site and the use of the Internet.

Google Inc. may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf, including, in particular, the publisher of this website. Google Inc. will not associate the visitor's IP address with any other data it may be storing. The visitor has the option to disable the use of cookies by selecting the appropriate browser settings. However, disabling cookies in this way could prevent the use of certain features, pages and/or areas of the Site, which the visitor expressly accepts. By using the Site, the visitor expressly consents to the processing of his or her personal data by Google Inc. under the conditions and for the purposes described above.

APPENDIX: SAMPLE WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)
 
For the attention of Absolut Cashmere

I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:

 - Name of product:

 - Product reference:

 - Order number:

 - Ordered on(*)/ Received on (*)

 - Name of consumer(s)

 - Address of consumer(s)

 - Email address used for consumer customer account:

 - Signature of consumer(s) (only if submitting this form on paper)

 - Date

* Delete as appropriate
Bottom of the form
 
 

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