Terms and Conditions

1. Application and conclusion of the contract

1.1. The general sales terms and conditions (from now on referred to as “TC”) layout the general regulations of sale through the website www.simoneguarracino.it / .at / .ch /. co.uk / .de / .fr / .es / .ie (further referred to as “website”) of the products (further referred to as “products”) purchased directly through the website.

1.2. For the purpose of the TC if not specified otherwise, the purchase of these products is not destined for commercial or professional activities.

1.3. The online purchase of the products stipulates a sales contract “at a distance” set forth by Ch. I, Title III (art. 45 e ss.) of the Legislative Decree September 6, 2005, n.206 e succ. mod. (Consumer Code) and of Legislative Decree April 9, 2003, n. 70 of the implementation of the regulations 2000/31/CE comparative to certain legal aspects, services, and information of the company in the internal market, with particular reference to electronic commerce.

1.4. The present TC is applicable to the sale of products made through the Guarracino Trade Company S.r.l website (further referred to as “Company”), with Registered Office in Zona Industriale ASI Aversa Nord snc Centro Commerciale SINE 81032 Carinaro (CE) Italy. P.Iva IT06237151219, tel 0039 (0) 818133038, email address: [email protected]

The present TC may be modified at any given time and possible modifications will be considered effective from the moment they are published on the Website in the appropriate section covering the "Terms and Conditions” accessible through the appropriate link on the Homepage, and also during the acquisition process. The customers are asked to read and take into account the TC immediately before placing an order.

1.5. The applicable TC are the ones in effect upon transmission of the purchase order.

2. Registration to the sites

www.simoneguarracino.it

www.simoneguarracino.at

www.simoneguarracino.ch

www.simoneguarracino.co.uk

www.simoneguarracino.de

www.simoneguarracino.ie

www.simoneguarracino.fr

www.simoneguarracino.es

2.1. Website registration is free and non-binding. To register on the Website, the user must complete the online form providing name, last name, email address, and password. The completion of every obligatory space is necessary for the company to properly identify each client and exclude any hypothesis of homonymy.

Registration is not mandatory nor necessary to purchase products from the Website.

Website registration allows the user to access a reserved area with numerous activities and advantages which include:
a. Automatic save of the shipping address in the address book;
b. Access and reference to all the relative information regarding previous orders and returns;
c. Advance information in regards to product offers and sales;
d. Access to after-sales services;
e. Administration and modification of personal data at any time;
f. Follow up on order status;
g. Access to reserved services made available by the Company.

2.2. Registration credentials (email address and password) must be used exclusively by the registered user and third parties. The user will make sure to keep the above-mentioned credentials secret and not accessible to third parties. The user shall immediately inform the Company of any suspected or knowledge of unauthorized use of their access code or credentials.

2.3. In case the user forgets or misplaces the password necessary to access their personal area, it is possible to click on the link “Forget your password?” on the login page. Subsequently, the registered email address must be entered in order to receive the assistance and service of Guarracino Trade Company S.r.l for the required information to reset the password.

3. Purchase from the Site

3.1. Unless otherwise communicated, the user, as a client acknowledges that the purchase is solely for personal purpose and not for commercial resale.

3.2. The company exercises its unquestionable judgment to block accounts and transactions that may display anomalies without any advance notice and report it to the competent authorities and association.

3.3. Guarracino Trade Company has the authority to refuse or cancel orders from:

a. Users that provide false, incomplete, or inaccurate personal information during the registration process, or have not submitted the appropriate payment information described in point 9 e ss. or who have provided false documentation;

b. Users that have undergone penal proceedings for fraud of any sort and in particular, credit card or payment fraud;

c. Users insolvent or bankrupt or who have delinquent payments with the Company;

d. Users who have previously violated the present TC.

3.4. To conclude the acquisition contract of the Products through the online platform of the Website, the user must complete an electronic order form and transmit it electronically to Guarracino Trading Company S.r.l following the instructions available on the platform. The user must select the quantity of the singular products and add them to the cart. After adding the required information, the user must verify the provided information. Afterwards, it will be possible to select the method of payment. Once all of the billing and shipping information is added, it will not be possible to make any modifications.

3.5. The order form, will be archived in the data bank of the Company for the time necessary to conclude the process and by the time frame permitted by the legislation. The user may access the order form through the dedicated personal area on the Website.

3.6. The acquisition contract can be concluded by the users in Italian or in the languages of the registered domains where Guarracino Trading S.r.l exercises its online sale. The Customer Care department will give assistance in any case.

4. Product Availability

4.1. The Products that can be purchased from Guarracino Trade Company S.r.l. are the articles on the Site and can belong to different product categories; for each, there is an information page (Product Page) with descriptive information and stock availability.

4.2. In order to ensure the processing and fulfilment of orders without delay, the Company verifies the stock of its Products in real-time. The request for product availability does not entail any purchase obligation for the user and is not considered in any way whatsoever as a reservation and/or order of the Product. The confirmation of availability, however, is to be considered binding only if validated in writing by the Company after payment has been made, with the order status "confirmed".

4.3. Several users could proceed simultaneously with the purchase order for the same Product and the latter could therefore be available, being instead out of stock or not immediately available due to a computer error or an erroneous quantification of the products available being necessary to the same get the restocking. In this case, the Company will update the user and cancel the order (even partially), crediting the relative payment within 30 days. The termination of the contract referred to in this paragraph involves the termination of all ancillary and related contracts. As an alternative, the Company has the right to propose different solutions to the user, who can therefore decide whether to proceed with the cancellation or evaluation of such proposals including, by way of example but not limited to, the possibility of making a product reservation with postponed delivery. 30 working days starting from the same or the possibility for the buyer to complete the order of the product and to receive the same within 120 working days from the date of payment.

4.4 The production of a product purchased with postponed delivery (e.g., delivery from, delivery estimated in 120 days) is started as soon as the order is placed, however, the customer can request the cancellation within 14 days of confirmation of the same.

5. Prices and Payment Methods

5.1. Delivery is free.

5.2. The Company reserves the right to change the price of the Products marketed on its Site at any time, which is presumed to be correct except for errors - including computer errors - and omissions.

5.3. For the payment of the price of the Products, the user can choose one of the methods indicated in the procedure for forwarding the purchase order, accepting the related costs.

5.4. For payment, the user can choose one of the methods indicated in the purchase procedure which are summarized below:

5.5. Credit card and debit card. Payment by credit card and debit card will pass through the Banca Sella system through the American Express, VISA, MasterCard, Discover, JCB circuits. The charge of the total amount due by the user to Guarracino Trade Company S.r.l. is made at the time of order transmission. Payment by credit card and debit card does not involve any additional charge on the cost of the Products. The purchase can only be made by the cardholder, which must be valid at the time of the order. Confidential credit card and debit card data (card number, holder, expiry date, security code) are encrypted and transmitted to the service provider. The Company, therefore, does not have access to and does not store the credit card and debit card data used by the user to pay for the Products and expressly disclaims any liability in this regard.

It should also be noted that the data will be processed by Axerve S.p.A. and by Riskified Ltd., as independent owners.

5.6. Bancomat. Through the Bancomat Pay circuit (only for Italy) you can pay online with your ATM card, after registering and creating your account on the Bancomatpay site. The Company, therefore, does not have access to and does not store the credit card and debit card data used by the user to pay for the Products and expressly disclaims any liability in this regard.

5.7. PayPal. The PayPal payment service uses SSL security protocols. Confidential data (Account ID, password, card number, holder, expiry date, security code) are encrypted and transmitted to the manager. The Company therefore does not have access to and does not store the credit card data used by the user to pay for the Products and expressly disclaims any liability in this regard.

5.8. Online Bank Transfer. The payment of the Products purchased on the Site can be made by bank transfer, by online transfer with MYBANK or by SOFORT BANK transfer. The Company therefore does not have access to and does not store the credit card and debit card data used by the user to pay for the Products and expressly disclaims any liability in this regard.

Following the online transfer with MYBANK you will have to follow the procedure outlined below:

a. The user must select MyBank as the payment method and type the name of their bank. You will be redirected automatically to your online banking service;

b. Enter the usual access codes to the online banking service. Payment details will be shown for further verification;

c. Authorize the transaction. In a few seconds, the user and the seller will receive confirmation of payment;

d. The order is successfully processed and the products or services purchased will be sent to the user.

5.9. Ordinary Bank Transfer. In case of impossibility of payment by online bank transfer, the possibility for the user to make the payment by ordinary bank transfer is reserved. Upon completion of the purchase, the user will receive an email confirming receipt of the order. Within 5 (Five) days, the user must respond to the purchase order confirmation email, attaching the accounting copy. Only upon receipt of this communication, subject to successful completion of the actual crediting to the Company's account, will the latter consider the payment made and process the purchase order.

5.10. Cash on delivery (valid ONLY in Italy). Payment for products purchased on the Site can be made by the user, limited to the Italian territory, by choosing the cash on delivery method. The latter provides for a 10% deposit by bank transfer and an increase of € 14.00 for collection costs for the courier. Cash on delivery is available for orders over € 150.00 (Euro one hundred and fifty / 00) up to a maximum amount of € 1000.00 (Euro one thousand / 00). Upon completion of the purchase, the user will receive an email confirming receipt of the order where it will also find the bank details for the deposit transfer. Subsequently, the user must respond to the purchase order confirmation email by attaching the accounting copy. Only upon receipt of the actual credit to the Company's account, the latter will consider the payment made and process the purchase order.

5.11 Scalapay. It is possible to pay in 3 interest-free instalments with the Scalapay loan - powered by Stripe for amounts exceeding € 6.00 (Euro Six / 00) to € 2500.00 (Euro two thousand five hundred / 00). The customer will be redirected to the Scalapay website to complete the order. Payment with Scalapay does not involve any additional charge on the cost of the Products. The purchase can only be made by the cardholder, which must be valid at the time of the order. Confidential credit card and debit card data (card number, holder, expiry date, security code) are encrypted and transmitted to the service provider. The Company, therefore, does not have access to and does not store the credit card and debit card data used by the user to pay for the Products and expressly disclaims any liability in this regard.

If the purchase is made with Scalapay, the user will receive the order immediately and will pay in 3 instalments. It should be noted that the instalments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that this transfer will therefore be authorized.

Scalapay is active exclusively in the following countries: Italy, France, Belgium, Germany, Austria and Spain.

6. Product Purchase

6.1. The purchase contract is subject to the termination condition of non-payment of the total amount due within 5 (Five) days of the order. In the event of non-payment, therefore, the contract will be terminated by law.

6.2. The ownership of the Products will be transferred to the user at the time of shipment to be understood as the time of delivery of the product to the customer. The risk of loss or damage to the Product for reasons not attributable to the Company will be transferred to the user when he or a third party, who qualifies as the courier's delegate, materially comes into possession of the Product. The delivery receipt will be authenticated.

7. Methods, costs and terms of delivery

7.1. Each shipment contains the ordered Products.

7.2. The products purchased on the Site will be shipped from Monday to Friday. The user can follow the progress of the order that the selling company will communicate to the email used to place the purchase order. The user can also follow the progress of the shipment through the Qaplà platform following the sending of an email containing the traceability code (tracking number). Delivery times depend on the courier and in no case can any delays be attributed to the Company.

7.3 The shipping service includes delivery in:

- 24/48 hours in Italy

- 5/7 days in Germany and Austria

- 7/10 days to France, Belgium and Luxembourg

- 10/12 days in Spain

- 10/15 days in Switzerland

- 15/20 days in the UK and Ireland

The delivery takes place only and exclusively at the street number (ground floor) excluding in any case, the delivery to the floor. In addition, the customer can optionally pay, at the time of purchase, the "Telephone notice" which allows agreeing with the courier the day and time of delivery. The delivery date requested by the customer must not exceed the following 48 (forty-eight) working hours from the call from the courier. After 48 working hours, the courier may request a supplement relating to the stock, the cost of which varies according to the volume of the goods and the days spent at the competent logistics. The management of shipments to Italy is entrusted to BRT s.p.a. The management of shipments to EU countries and the United Kingdom is instead entrusted to Fercam s.p.a. or DHL.

7.4. At the time of delivery of the goods, the user is required to thoroughly check the packages, indicating on the delivery receipt the acceptance with a reserve and describing any anomaly found. In the absence of specific notes, the Company will not be liable for any damage, which is presumed to be caused by the user after delivery.

In the event of damage to the Product during its transport phase, the customer, having opened the intact packaging, is obliged to report the damage by email to customer service, attaching suitable photographic documentation within and no later than 14 (fourteen) days. from the date of receipt of the delivery.

Guarracino Trade Company S.r.l. will arrange for the collection to be made at the destination indicated at the time of purchase. After the withdrawal, the Company reserves the right to evaluate the damage as a result of which the following will be offered alternatively to the customer: the repair of the same or the replacement of the product; if the product is not available and the repair is not convenient, short-term reordering may be proposed, by way of example and not exhaustively within 30 (thirty) working days or long-term reordering, by way of example and not exhaustively within 120 ( one hundred and twenty) working days.

The customer has the right to communicate the rejection of the proposals outlined above with consequent termination of the contract and issuance of the refund within 30 working days of the communication in the manner used for the purchase.

If, upon the outcome of the verification by Guarracino Trade Company S.r.l., the Product is not assessed as damaged, the entire amount of the costs relating to transport will be charged to the customer.

7.5. For orders of products whose delivery is estimated to be in 120 days (or starting from an indicated date), already at the time of the placement of the purchase, the company reserves the right, for reasons of force majeure, to fulfil the delivery within 365 days of the order confirmation.

8. Right of withdrawal

8.1. Without prejudice to the provisions according to art. 59 of the Legislative Decree 6 September 2005, n. 206 (Consumer Code), the user has the right to withdraw from the purchase contract within 14 (fourteen) days.

8.2. The 14-day term starts from the day on which the consumer/user or a third party, other than the carrier and designated by the consumer/user, acquires physical possession of the goods or:

a. In the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;

b. In the case of delivery of goods consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;

8.3. To exercise the right of withdrawal, the user is required to inform Guarracino Trade Company S.r.l. with an explicit declaration of withdrawal within 14 days following the delivery date.

The date of effective receipt of the communication by the Company will prevail. If the user makes use of the explicit declaration of withdrawal, he must indicate in it the order number, Product / s for which the customer intends to exercise the right of withdrawal. Pursuant to art. 54 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the consumer / user and must take place before the expiry of the withdrawal period indicated.

8.4. Upon receipt of the notice of withdrawal, the Company will communicate the address to which the goods should be sent, at the user's expense, in their original packaging, undamaged and free of any sign of wear and tear that could affect their use and future sale. The customer is required to return the goods within 14 (fourteen) days from when it was communicated his intention to withdraw.

Once received, the Products will be carefully checked and a specific communication will be sent to the user of acceptance or reasoned refusal of the withdrawal.

The responsibility for any damage during transport for the return of the products is at the customer's expense.

8.5. In case of acceptance, the Company will refund the amount paid during the purchase within 14 (fourteen) days from when it received the returned goods, using the same payment method.

8.6. In case of refusal, the Company will motivate this choice and will make the Products available to the user, who can collect them at the address and at schedule time.

It will not be accepted the withdrawal of goods that have underwent manipulation and/or alterations, goods shipped without original packaging (as per delivery, therefore including any pallet accessories, wooden crate, etc.) and/or with packaging that is not adequate to guarantee safe transportation. If these conditions are not respected, the return will not be accepted once it reaches its destination and therefore will return to the sender.

The user is responsible for the decrease in the value of the Product as a result of handling the same other than what is strictly necessary to establish the nature, peculiarity and functioning of the Product. The user will be responsible for keeping, inspecting and handling the product diligently and returning it in full integrity and suitability for use, fully functional, complete in all its parts and all its accessories.

In case of a decrease in the value of the Product, an adequate notice will be given to the user and the amount of the refund will be reduced by this decrease in value.

9. Legal guarantee, conformity guarantee and after-sales assistance

9.1. The products marketed by Guarracino Trade Company S.r.l. are handcrafted and not subject to serial reproductions. Therefore, slight imperfections in production, carving, non-uniformity or relating to the application of the colouring are not considered manufacturing defects but peculiarities of the product itself which therefore exclude any reporting of the same as defective or not compliant with the description.

9.2. Guarracino Trade Company S.r.l. is responsible for any lack of conformity of the Products ordered under and for the effects of what is expressly provided for by Italian law.

9.3. Any lack of conformity must be reported by the user to the Company within the terms of the law.

9.4. To take advantage of the Guarantee, the user must provide proof of the date of purchase of the Product and delivery of the same. The user, therefore, for this test must keep the confirmation of the purchase order, the invoice relating to it and any other suitable document to certify the date of purchase and the date of delivery of the Product.

9.5. The user must submit the complaint relating to the lack of conformity of the Product via email to customer service, within the terms provided by law.

In case of a lack of conformity properly reported, the user will have the right to:

a. the repair or free replacement of the Product unless the remedy is objectively impossible or excessively expensive compared to the other;

b. the termination of the contract if the repair or replacement is excessively onerous or the repair or replacement has not been carried out by the selling company within reasonable terms or the repair or replacement has caused significant inconvenience to the consumer.

For the purposes of art. 135-bis paragraph 2 of the Consumer Code, one of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the seller compared to the other, having in consideration:

a. the value that the asset would have if there was no lack of conformity

b. the extent of the lack of conformity

c. the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.

Upon receipt of the compliance report, Guarracino Trade Company S.r.l. reserves the right, in any case, to evaluate the compliance report of the product no later than 72 (seventy-two) hours from the report and to promptly reply to the user, thus providing for the withdrawal of the Product.

10. Customer Assistance

10.1. Each customer can receive assistance by contacting the Company's Customer Service with the following methods and contact details:

a. By phone, at +39 081 81 33038

b. By email, to the email address:

Austria: [email protected]

Francia: [email protected]

Germany: [email protected]

Italy: [email protected]

Ireland: [email protected]

Spain: [email protected]

Switzerland: [email protected]

United Kingdom: [email protected]

a. On the website, the customer service email is accessible by clicking on the "contacts" section at the foot of the homepage;

b. Via chat at the bottom of the page

11. Privacy Policy

11.1. Guarracino Trade Company S.r.l. protects the privacy of its customers in accordance with the provisions of Legislative Decree June 30th 2003 n. 196 and by EU Regulation 679 of 2016.

11.2. Guarracino Trade Company S.r.l. processes the data provided in the context of commercial relations and deals. The company also processes data legitimately provided by information agencies, creditors' protection associations, publicly accessible sources (e.g., business registers, association registers, land registry, media), as well as - possibly - other companies with which maintains a permanent commercial relation.

Personal data includes:

a. As a private customer: name and surname, address, contact details (e.g., e-mail address, telephone number, fax), social fiscal code only for Italy, date of birth,

b. As a corporate customer or supplier: Name of the legal representative, company, VAT number, company code, address, contact details of the contact person (e-mail address, telephone number, fax), bank details.

The additional data processed are:

a. Information relating to the nature and content of commercial relationships, more precisely information relating to contracts, assignments, sales and receipts, customer and supplier histories, consultation documents,

b. Advertising and sales data,

c. Documentation data (e.g., consultation protocols), images,

d. Information deriving from electronic transactions with Guarracino Trade Company S.r.l (e.g., IP address, login data),

e. Any other data received as part of our business relationship (e.g., interviews with customers),

f. Data to be generated based on main data/contact, and other data, analyzing, for example, customer needs or potential.

g. Documentation of your declaration of consent to receive, for example, newsletters.

h. Common data of customers, suppliers, employees, consultants and third parties necessary for the employment relationship and the pursuit of legitimate corporate interest as required by art. 6 GDPR and by Recital n. 47:

i. Sensitive and/or judicial data of employees resulting from the employment relationship and relating to relations with social security and welfare institutions, for which consent has been expressly given;

j. Subject to express consent, sensitive data of customers, suppliers and third parties.

11.3. Personal data are processed:

a. Without express consent (Article 24 letter a), b), c) Privacy Code and art. 6 lett. b), e) GDPR), for the following Service Purposes:

- conclude the contracts for the services of the Holder;

- fulfill the pre-contractual, contractual and tax obligations deriving from existing relationships with you;

- fulfill the obligations established by law, by a regulation, by community legislation or by an order of the Authority (such as in the field of anti-money laundering);

- exercise the rights of the owner, for example, the right to defense in court;

b. Only with specific and distinct consent (articles 23 and 130 of the Privacy Code and article 7 of the GDPR), for the following Marketing Purposes:

- sending by e-mail, post and/or text message and/or telephone contacts, newsletters, commercial communications and/or advertising material on products or services offered by the Data Controller and detection of the degree of satisfaction with the quality of services;

- sending commercial and/or promotional communications from third parties (for example, business partners, insurance companies) by e-mail, post and/or text message and/or telephone contacts).

Furthermore, the company reserves the right to send commercial communications relating to the Controller's services and products similar to those already used, except for dissent (Article 130 c. 4 of the Privacy Code).

- Product recommendations via e-mail: In compliance with the provisions of the law provided for by the national and supranational legislation in force, Guarracino Trade Company S.r.l. has the right to use the e-mail address provided when ordering a product or service as a direct advertising channel for similar articles or services. If subsequently, you no longer wish to receive our advice by e-mail, you can withdraw your consent to the use of your address at any time without incurring transmission costs other than those provided for according to the basic rates. To do this, please contact the contact indicated in point 1. Of course, each e-mail also contains a link to proceed with the cancellation.

- Newsletter: To send the newsletter, the company uses the so-called "double opt-in" procedure, meaning that a newsletter will be sent by e-mail only if previously expressly confirmed the desire to activate the newsletter service during the registration procedure. It will therefore be the company's responsibility to send an e-mail notification, through which it is possible to confirm that you wish to receive our newsletters by clicking on the appropriate link contained in the text of the same.

If subsequently, you no longer wish to receive our newsletters via e-mail, the consent to use can be revoked at any time without incurring transmission costs other than those provided for according to the basic rates. Just send a written notification to Guarracino Trade Company S.r.l.

11.4. For more information on the Privacy Policy of Guarracino Trade Company S.r.l. and on the rights of the data subject, the user is invited to visit the appropriate section "Privacy Policy & GDPR" in the footer of the Website Homepage.

11.5. According to and for art. 12 of the Legislative Decree April 9 2003 n. 70, each purchase order sent to Guarracino Trade Company S.r.l. digital information is stored on the server located at the headquarters of the same selling company following the security and confidentiality criteria in force in the Italian legal system.

12. Applicable law and dispute settlement

12.1. These General Conditions of Sale are governed by Italian law and will be interpreted based on it.

12.2. Any disputes relating to and/or consequent to the application, execution and interpretation of this GCS will be resolved exclusively by the competent court, according to art. 66-bis of Legislative Decree 206/2005 (Consumer Code) the territorial jurisdiction is mandatorily attributed to the Consumer's place of residence (or domicile), unless otherwise provided by law.

12.3. La Guarracino Trade Company S.r.l. informs the user/consumer who has submitted a complaint directly to the Company, without having reached an agreement, that the same Company reserves the right to make use of alternative bodies - Alternative Dispute Resolution (ADR) - for the out-of-court resolution of the dispute relating to the conclusion of a contract according to these General Conditions of Sale.

The European telematics platform for the online resolution of consumer disputes (O.D.R. platform) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

Through the ODR platform, the user can consult the list of ADR bodies, find out the link to the site of these bodies and start a procedure for resolving the dispute in which he is involved.

12.4. If the value of the dispute does not exceed, excluding rights, interest and expenses, € 2,000.00 (two thousand euros //), the user residing in a Member State of the European Union other than Italy can access - for the disputes covered by the preceding paragraphs - to the European procedure for small claims according to and for the purposes of Regulation no. 861/2007 available at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=celex%3A32007R0861

12.5 For anything not regulated by these Conditions, reference will be made to the current legislation.

12.6. It should also be noted that the data will be processed by Axerve S.p.A. and by Riskified Ltd., as independent owners.

13. Other

13.1. Guarracino Trade Company S.r.l. adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel

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