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General Terms and Conditions of Sale

 

The following General Conditions of Sale govern the offer and sale of products on this website www.cantineiuppa.it (Site).


Products purchased on the Site are offered and sold by Azienda Agricola Iuppa, registered office Via Salice 27, 95010 Milo (CT), CF/P.IVA 05297570870, Cam.Com CT - REA - 356700, (hereinafter referred to as CANTINE IUPPA).

 
 
1. SCOPE OF APPLICATION.
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (Consumer Code) and Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale may be modified at any time. Any amendments and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is sent.
1.3 These General Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than CANTINE IUPPA that are present on the Site through links, banners or other hypertext links. You should check their terms and conditions of sale before engaging in commercial transactions with such parties. CANTINE IUPPA is not responsible for the provision of services and/or sale of products by such parties. On the websites that can be consulted through such links CANTINE IUPPA does not perform any control and/or monitoring. CANTINE IUPPA is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them. 

 
2. PURCHASES ON THE SITE
2.1 With reference to Italian citizens, sales on the Site are reserved only for those who are 18 years of age or older. Buyers who are not Italian citizens may only purchase Products on the Site if they are of legal age with respect to their national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user who makes purchases on the Site agrees to hold CANTINE IUPPA harmless from any liability in the event that he or she has made purchases on the Site without complying with his or her own national law regarding age limits on purchases.
2. 2 CANTINE IUPPA reserves the right to refuse or cancel orders that come (i) from a user with whom it has ongoing legal disputes; (ii) from a user who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase contract with CANTINE IUPPA; (iii) from a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have failed to promptly send CANTINE IUPPA the documents requested by it under these General Conditions of Sale or who have sent it invalid documents; (v) by users who do not give sufficient guarantees of solvency. In any case, CANTINE IUPPA reserves the right to cancel orders referring to transactions that do not present an absolute degree of genuineness.
2.3 With regard to purchases on the Site, it may occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to material errors (e.g.: the price of the Product); due to material error a Product is indicated as available and instead is not available when the order is being prepared. In these cases, or in similar cases, the user may request cancellation of the order or obtain, in agreement with CANTINE IUPPA, a different Product, subject to possible adjustment relative to the purchase cost.
3. PURCHASES ON THE SITE
3.1 Purchase credentials are to be used exclusively by the user and may not be given to third parties. The user undertakes to keep them secret and ensure that no one has access to them, and to inform CANTINE IUPPA without delay in case of suspected misuse and/or disclosure of them. The user warrants that the personal information provided during the registration process on the Site is complete and true. The user agrees to hold CANTINE IUPPA harmless from any damages, compensatory obligations and/or penalties arising out of and/or in any way related to the user's violation of the rules on Site registration or retention of registration credentials. To cancel your profile please send an email to info@cantineiuppa.it. 
 

 

3. PURCHASES ON THE SITE
3.1 Purchase credentials are to be used exclusively by the user and may not be given to third parties. The user undertakes to keep them secret and ensure that no one has access to them, and to inform CANTINE IUPPA without delay in case of suspected misuse and/or disclosure of them. The user warrants that the personal information provided during the registration process on the Site is complete and true. The user agrees to hold CANTINE IUPPA harmless from any damages, compensatory obligations and/or penalties arising out of and/or in any way related to the user's violation of the rules on Site registration or retention of registration credentials. To cancel your profile please send an email to info@cantineiuppa.it. 
 
4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree 9 April 2003, No. 70 laying down provisions on electronic commerce, CANTINE IUPPA informs the user that:
- in order to conclude the contract for the purchase of one or more Products on the Site, the user must fill out an order form in electronic format and transmit it to CANTINE IUPPA, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase;
- the contract is concluded when the order form reaches the server of CANTINE IUPPA;
- once the order form has been registered, CANTINE IUPPA will send the user, via e-mail to the e-mail address indicated, confirmation of the order, containing information on the characteristics of the Product purchased, detailed indication of the price, the means of payment used, delivery costs and any additional costs as well as Customer Service contacts, which the user can contact to request assistance and/or make complaints. It is recommended that you keep the e-mail received as proof of purchase. The General Terms and Conditions of Sale and information on the right of withdrawal, as well as the Privacy Policy of CANTINE IUPPA, will be available via links at the bottom of the order confirmation e-mails of the Product purchased that link to the relevant pages of the Site.
- the order form will be stored in CANTINE IUPPA's database for the time necessary to process the order and, in any case, within the terms of the law. In order to access their order form, the user will be able to consult their account. 

 
5. VALIDITY OF OFFERS AND PRICES
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"), unless otherwise expressly stated. Any additional cost, if any, will be expressly and separately stated in the order form before you proceed to submit it.
5.2 The price of the Products may be changed by CANTINE IUPPA at any time, without prior notice, it being understood that the price charged to the user will be the one published on the information sheet illustrating the main characteristics of the Product (Product Sheet) at the time the order is sent. Any changes (upward or downward) in price subsequent to the transmission of the order shall not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Barred Price), and against which the discount that CANTINE IUPPA applies is calculated, corresponds to the list price published on the Site.

 
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 CANTINE IUPPA will process the purchase order, and then ship the purchased Product, with the exception of orders for which the Customer has chosen "cash to courier" as the method of payment, only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, delivery charges, if applied, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the success of the payment is not confirmed, the purchase contract shall therefore be deemed to be terminated by right pursuant to and for the purposes of Article 1456 of the Italian Civil Code.
6.2 The Products shall remain the property of CANTINE IUPPA until payment by the user of the Total Amount Due. The risk of loss of or damage to the Products, due to causes not attributable to CANTINE IUPPA, on the other hand, will be transferred to the user when the user, or a third party designated by the same and other than the carrier, materially takes possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The Product images in the Product Sheet, moreover, may differ in vintage and/or size or in relation to any ancillary products. Such images should therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase agreement, the description of the Product contained in the order form submitted by you shall be deemed to be the authentic Product description.
6.4 All Products contain sulfites, as the very process of making wine implies the presence of sulfites in it. It is possible, however, that other sulfites are added in the wine production process; in some cases, however, it is possible that no "added" sulfites are present in a wine.
6.5 The purchase of gift certificates does not affect the payment threshold which, once exceeded, entitles the user to obtain free shipping of the Products.

 
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail or telephone. The user will, therefore, be entitled to terminate the contract, pursuant to and in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code. In the event that the user avails himself of the right to terminate pursuant to Article 61, IV and V paragraph, of the Consumer Code, or in any case in which the payment of the Total Amount Due has already taken place, CANTINE IUPPA will make a refund of this amount without undue delay and, in any case, within a maximum period of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or the different means agreed upon between the user and CANTINE IUPPA. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used.
7.3 In the case of orders having as object a plurality of Products (Multiple Order), if the unexpected unavailability affects only some Products object of the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and subject to the application of art.7.2, CANTINE IUPPA will immediately notify the user by e-mail or telephone. The user will, therefore, be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of the provisions of Article 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination under Art. 61, IV and V paragraphs, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the Total Amount Due has already taken place, CANTINE IUPPA will make a refund of the amount due in relation to such Product(s), including delivery costs and any other additional costs due specifically in relation to such Product(s) (Partial Amount Due) without undue delay and, in any case, within a maximum term of 15 business days from the sending of the order. The amount of the refund will be communicated to you by e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or by such means as may be agreed between the parties. Any delay in crediting may depend on the banking institution, type of credit card or payment solution used. Termination of the entire Multiple Order will only be possible in the event of clear and proven ancillary nature of the Multiple Order Products that have become unavailable to the other available Multiple Order Products.

 
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs due by the user in relation to a specific order, is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to the transmission of the same. In the event of failure to indicate a specific delivery period, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by the transfer of the material availability or otherwise control of the Products to the user.
It is up to the user to verify the condition of the Product delivered to him/her/that he/she has collected. It being understood that the risk of loss of or damage to the Products, due to causes not attributable to CANTINE IUPPA is transferred to the user when the user, or a third party designated by the same and other than the carrier, materially takes possession of the Product, it is recommended to the user to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials and we invite the user, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with RESERVE (eg. damaged package, wet package, non-original CANTINE IUPPA branded tape). Receipt without reservation of the Products, in fact, does not allow the user to take legal action against the carrier and/or CANTINE IUPPA, in the event of loss or damage to the Products, except in cases where the loss or damage is due to malice or gross negligence of the carrier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify the Customer Service of CANTINE IUPPA. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity.
8.3 The provisions of Article 61 of the Consumer Code shall apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

 
9. METHOD OF PAYMENT
9.1 Payment for Products may be made by credit card, by PayPal payment solution, cash on delivery or by bank transfer. In the event that one of these payment means/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card.
9.2.1 Payment for Products may be made by credit or debit card directly through the Site.
9.2.2 In order to ensure the security of payments made on the Site and prevent any fraud, CANTINE IUPPA reserves the right to ask you, by e-mail, to send, by the same means, a front/back copy of your identity card and, in the event that the order holder is different from the card holder, of the latter's identity card. The document must be valid. The request e-mail will specify the deadline by which the document must be received by CANTINE IUPPA. This deadline will not, in any case, be more than 5 working days from the receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is obliged to send the requested documents within the specified period.
9.2.3 In the event that CANTINE IUPPA does not receive such documents within the term specified in the e-mail request or receives expired or invalid documents, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. and CANTINE IUPPA may reserve the right to cancel the order, resulting in a refund of the Total Amount Due.
9.2.4 In the event of receipt by CANTINE IUPPA of valid documentation within the term indicated in the e-mail referred to in Article 9.3.2 above, the delivery terms shall run from the date of receipt thereof.
9.2.5 Confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without transiting the servers that CANTINE IUPPA uses. CANTINE IUPPA therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products (this also in the event that the user has decided to store the credit card data on the Site), with the exception of the name of the credit card holder.
9.3 Payment by PayPal payment solution
9.3.1 Payment for Products purchased on the Site may be made through the PayPal payment solution. If you choose PayPal as your means of payment, you will be redirected to the www.paypal.it site where you will make payment for the Products in accordance with the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with CANTINE IUPPA. Therefore, the latter is not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected with that account.
9.3.2 In the case of payment through PayPal, the Total Amount Due will be charged by PayPal to you at the same time as the contract is concluded through the Site. In case of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement due to the User will be credited to the User's PayPal account, unless a different means is agreed between the User and CANTINE IUPPA. The timing of crediting to the payment instrument linked to such account depends solely on PayPal and the banking system. Once the crediting order in favor of such account has been arranged, CANTINE IUPPA cannot be held responsible for any delays or omissions in crediting the User with the refund amount, to dispute which the User should contact PayPal directly.
9.4 Bank Transfer
9.4.1 If the user decides to pay by bank transfer, the order will be shipped as soon as CANTINE IUPPA has received the credit of the amount related to the order.

 
10. RIGHT OF WITHDRAWAL

10.1 The user who holds the quality of consumer has the right to withdraw from the contract concluded with CANTINE IUPPA without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- in the case of an Order for a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Product;
- in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
- in the case of an Order for delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2. To exercise your right of withdrawal, you must inform CANTINE IUPPA of your decision to withdraw, prior to the expiration of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send an email to order@cantineiuppa.it with an explicit statement of his/her decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on the user, it is in the user's interest to keep a copy of the email sent to CANTINE IUPPA with the Declaration of Withdrawal.
10.4 For the return of the Product, you may use a carrier of your choice with return costs borne by you: in this case, you must, after exercising your right of withdrawal in the manner set forth in this article, return the Product to CANTINE IUPPA, using a carrier of your choice and at your own expense, without undue delay and in any event within the period of 20 calendar days from the date you notified CANTINE IUPPA of your decision to withdraw. The deadline is met if the user returns the Product before the expiration of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address:

 

AZIENDA AGRICOLA IUPPA
VIA ALFREDO AGOSTA SNC – 95121 (CT) (PRESSO GLOBAL POWER ITALIA)

Tel. +39 095 72 10 583, Orari: 8:30-12:30 14:00-17:30


The direct costs of returning the Product to CANTINE IUPPA are the responsibility of the user. The return of the Product to CANTINE IUPPA is the responsibility of the user.
If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.
10.5 If the user withdraws from the contract, CANTINE IUPPA will proceed to refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which CANTINE IUPPA received the Products subject to withdrawal in the same condition in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; in any case, the user shall not incur any additional cost as a consequence of such refund.
10.6 In the case of partial withdrawal, the amount of the delivery costs to be returned to the user as a result of the withdrawal will be calculated proportionally to the value of the item being withdrawn.
10.7 The user shall only be liable for any decrease in the value of the goods resulting from any handling of the Product other than those necessary to recognize the Product with certainty. In any case, the Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle to any refund. CANTINE IUPPA will notify the user, rejecting the request for withdrawal. The Product, if already received by CANTINE IUPPA, will remain at CANTINE IUPPA at the user's disposal for collection, which must take place at the user's own expense and responsibility.
10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to clearly identify it, the refund amount will be reduced by an amount equal to such decrease in value. Of the circumstance and the resulting decreased refund amount CANTINE IUPPA will notify the user, providing the same, if the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product.
10.10 In the event that, recurring one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Sheet and, in any case, during the purchase process, before the user proceeds to the transmission of the order. In any case, the user is reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale relates to:
(i) custom-made or clearly personalized products;
(ii) of sealed products that do not lend themselves to be returned for hygienic reasons or reasons related to health protection, which have been opened after delivery.

 
11. VARIOUS
11.1 By placing an order on the Site, you consent to receive an invoice, if requested, only in electronic format. The invoice may be printed and filed as an original in accordance with Ministerial Circular 45/E, 19/10/2005. For the issuance of the invoice, the information provided for this purpose by the user, which he declares and guarantees to be true, will be authentic, obligating himself to hold CANTINE IUPPA harmless and indemnified from any damage, including penalties issued by the competent authorities, that may be caused to the same in the event of failure to respond to the truth of the same.
11.2 CANTINE IUPPA is a registered trademark. Photos, texts, descriptions and everything contained in the Site are the property of CANTINE IUPPA. It is forbidden to reproduce in whole or in part any part of the Site; it is also forbidden to reproduce texts or photos for any use whatsoever and in any form whatsoever and in any case without the prior written authorization of CANTINE IUPPA.
11.3 CANTINE IUPPA is not liable for any damages suffered by the user or third parties or to things owned by the user or third parties due to delays in delivery or related to the use of the Product. 

 
12. LEGAL WARRANTY OF CONFORMITY.
All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty). The Legal Warranty is reserved for consumers. It, therefore, applies, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. To those who have purchased on the Site and who do not have the quality of consumers will be applied the warranty for defects in the thing sold, the warranty for defects in promised and essential qualities and the other guarantees provided for by the Civil Code with the relative terms, forfeitures and limitations. 
 
13. APPLICABLE LAW AND PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 Contracts concluded between users of the Site and CANTINE IUPPA are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country where they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of such right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.
13.2 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree September 6, 2005, n.206 (Consumer Code), CANTINE IUPPA informs the user who holds the status of consumer under Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint to CANTINE IUPPA, as a result of which it has not been possible to find a negotiated solution, CANTINE IUPPA will provide information regarding the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (cc.d. ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code).
CANTINE IUPPA also informs the user who holds the status of consumer under Article 3, paragraph 1, lett a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR entities, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
It is without prejudice in any case to the consumer's right to appeal to the ordinary court of competent jurisdiction of the dispute arising from these General Terms and Conditions of Sale.
13.3 The user who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

 
14. CUSTOMER SERVICE AND COMPLAINTS14.1 It is possible to ask for information, send communications, request assistance or file complaints by contacting Customer Service by the following means:- Phone: +39 095 72 10 583 (Monday to Friday: 9:30 a.m. to 1:30 p.m. and 3:00 p.m. to 5:00 p.m.)
- Email: order@cantineiuppa.it
- Using the CANTINE IUPPA contact form.
14.2 CANTINE IUPPA will respond promptly to complaints made, in any case within five working days of their receipt.

 

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© 2021 - Azienda Agricola Iuppa - Via Salice 27, 95010 Milo (CT)  -  P.IVA: 05297570870

info@cantineiuppa.it

cantineiuppa.it | iuppa.it


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