General Conditions

1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACT CONDITIONS:

On the one hand, the provider of products and services, Cosmo Shop S.L (Registro Mercantil de BARCELONA Tomo 46381, Folio 17, S 8, Hoja B-518110, Inscripcion 1), through this Website Cosmocashcarry.com with e-mail contact: info@cosmocashcarry.com, being the owner of the aforementioned website, exposes the contractual document that will govern the contracting of products and services through the referred web domain.

And on the other hand, the User/Client (hereinafter the franchised User), who must be registered on the website using a username and password, over which they have full responsibility for the use and custody, being responsible for the veracity of the personal data provided to the Provider.

BOTH ACCEPT this document and imply that the user:

to. You’ve read, you understand and you’re agreeing with this text.

b. That he is a person of legal age and with sufficient capacity to contract.

c. That he assumes all the obligations set forth herein.

d. That he has read and accepts these general conditions from the moment he acquires any product offered.

This document can be printed and stored by Users.

The provider makes the e-mail address available to them so that they can raise any questions about these conditions.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the provider’s website.

The provider reserves the right to unilaterally modify said General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products these general conditions must be consulted.

It is advisable that you keep a copy of the data contained in the purchased products.

The Provider is not responsible for any loss of data, files, or any damage that may result from a backup failure by the User of the data contained in the purchased products such as memory cards.

The Provider is not responsible for the consequences that may result from improper use of the products for sale on the web.

The civil liability of The Provider for the products supplied is limited to the amount thereof, the user waives claiming any liability to the provider for any concept in any case of dissatisfaction with the products purchased on this website as well as possible failures, slowness of access or errors in accessing the web, including loss of data or other information that may exist in the computer or network of the user who accesses the web.

The Provider is a company that specialized in traditional pastry, and brand franchises and procedures for the sale of related products.
The Provider sells its products remotely over the Internet through its website and/or by telephone, and email, among others.
The Provider does NOT have physical facilities for the sale of products, and the provision of the service. These are done exclusively online.

2. OBJECT OF THE CONTRACT:

2.1 Scope of application: The purpose of this contract is to regulate the contractual purchase-sale relationship born between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.

2.2 Territory of application: The virtual store or sales system of Cosmo Shop S.L. is active throughout Europe (without prejudice to action or expansion to other areas or locations).

2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: The validation of an order through the Cosmo Shop S.L website is done by email and also implies automatic acceptance of the GTC. These conditions are available on the web or if you wish and request, we can make them available to you by email.

2.5. Modification of the General Conditions of Contract: The Provider reserves the right to make changes and/or modifications in these CGC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date on which the order was placed will apply.

 

3. INFORMATION PROVIDED ON THIS WEBSITE:

3.1 Publication of prices: Exceptionally, the prices of the products shown on the Web internally may be specified erroneously and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will immediately contact you in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you can cancel your order and we will refund any amount that you have already paid.

3.2 Product Information: Information in our advertising, brochures, and other written material, on our website or provided by our agents or employees constitutes an invitation to deal. Such information does not constitute an offer to supply any product by us.

The contents of Cosmo Shop S.L are constantly renewed and updated to offer our clients the most complete and detailed information possible. Due to this, it is possible that the contents may show, on exceptional occasions, information of a provisional nature about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel their purchase at no cost on their part.

All the contractual information present on the website is shown in Spanish (Castilian) and communication with clients and users, as well as the formalization of the contract, will be carried out in this language, although, if the client so wishes, it can be done in another language, always indicating it before starting the contracting procedure.

3.3 Availability of the product(s): There may be times when it is impossible to supply all the products, products or services, etc., displayed on the web because they are not in stock or available at the time of purchase or discontinued. In these cases, we will contact you to give you a choice between the following options:

a) choice of an alternative product or service, with characteristics similar to the one to be replaced;

b) the communication of its availability, in case you prefer to wait for said product to be available again in the store/web.

If you decline our suggestions, the order related to these products will be canceled and any sum paid for them will be returned to you.

3.4 Right of Cancellation: The Provider reserves this action (right of cancellation) of the shipment of a specific product that does not meet the quality requirements imposed on all the products on this Website. In the event that this lack of quality is detected, The Provider’s Customer Service will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of said product will be reimbursed.

3.5 Orders 24 hours a day, every day of the year: The hours for receiving orders are twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after 6:00 p.m. will not be processed. , remaining for the next business day in the location area of ​​The Provider. Orders received during the weekend will be processed first thing the following Monday, or the first business day.

3.6 Fraud: If The Provider suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

 

4. PURCHASE PROCEDURE:

In order to access the products offered by The Provider, the user must register through the website by creating a user account, as long as the contractual franchisee relationship previously exists. For this, the user must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on data protection, Regulation (EU) 2016/679 of 27 of April 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, Organic Law 15/1999 of December 13 (LOPD) regarding the protection of personal data and Royal Decree 1720/2007, development of the LOPD, detailed in the Legal Notice and Privacy Policy of this website.

The user will select a username and a password, committing to make diligent use of them, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or possible access by an unauthorized third party. , in such a way that it proceeds to the immediate blockade.

The user may not choose as user name words that are intended to confuse others by identifying him as an integral member of the provider, as well as profanity, insulting expressions, and, in general, contrary to the law or to those required. 

requirements of morality and good customs.

Once the user account has been created, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

1. Choose the product by clicking on it, and it will be automatically added to the “shopping cart”.

2. If you want to add more products, you must select the “Continue shopping” option. If by mistake you have added something that you did not want, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price, and the total amount. Once all the products have been chosen, the taxes, charges, and discounts will be calculated according to the payment and shipping data entered.

3. Once you have chosen the product(s), you must click on the Finish tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your data, and chosen payment method).

4. User registration will be requested in order to make the purchase (this registration is free), in which a data collection form must be completed (in which you will have to accept the Privacy Policy and the Legal Notice (and link both)). Once completed, you will receive a registration confirmation email at the indicated email address. If you are already registered, you can access your data by clicking on the already registered user button.

Please check your email inbox spam and junk controls and always check that the contact details you provide are correct.

5. Once registered, an observations screen will appear, where you can indicate the delivery time; a checkbox that must be marked since it is the acceptance of these General Contract Clauses and the Privacy Policy.

6. To finish the process, you must click on the Finish button

In any case, the provider’s contracting platform will inform the user, once the contracting procedure is finished, via email regarding all the characteristics, price, forms of transport, contracting date, and estimated delivery of the purchased product.

If there is any type of error in the indicated address or in any other point of the order, you must immediately notify the e-mail address that will appear on the web to proceed with the correction of this error.

If you have any questions, you can contact our Customer Service through any of the methods provided on this website.
The Provider will provide Customer Service for FREE through our contact email. If you choose another alternative means of communication, the user is the one who must bear the particular cost of it.

The Provider puts at your disposal telephones in Spain subject to the cost of your telephone operator.

BUY AS GUEST

This website does NOT allow purchase through the guest functionality. It is essential to be a franchisee to be able to place orders.

 

5. SHIPPING

Shipments will be made through the Seur Company, whose Customer Service telephone number is ……………………….. . Shipping costs will be applied as follows:

The delivery time is usually between 1-3 working days, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

The Provider will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the user is false, inaccurate, or incomplete.

The delivery will be considered made at the moment in which the carrier has made the products available to the user and the latter, or his delegate has signed the delivery receipt document.

It is the responsibility of the User to verify the products upon receipt and expose all the caveats and claims that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, the provider will previously inform the user regarding the procedure that must be followed to carry out this download.

Shipments to Andorra / Canaria / Export E.U.

The client has to pay export expenses and import expenses due and the carrier will collect the client at the destination.

(ANDORRA transport is free – 27 € custom clearance will be charged on delivery)

6. PRICES AND PERIODS OF THE VALIDITY OF THE OFFERS:

All prices displayed on this website include VAT in force at the time of purchase. All the prices that appear on the web are valid except for typographical errors or the end of the stock and in any case, they will be expressed in the Euro currency (€). Said expenses, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance, or any other additional services and annexes to the product or service purchased. (TAX ON VALUE ADDED: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products or services will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. case, when appropriate, the IGIC will be applied, a tax in force in the Canary Islands, the location area of ​​​​The Provider.

The payment made to the provider will entail the issuance of an invoice in the name of the registered user. Said invoice will be automatically sent to the email address provided by the user, as well as sent together with the purchased product.

The prices applicable to each product will be those published on the website and applied automatically by the contracting process in its last phase. The client assumes that, in any case, the economic valuation of some of the products may vary in real-time. In any case, this will always be previously communicated to users.

In the cases of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to the promotion.

For any information about the order, the User may contact The Provider through the customer service telephone number or via email to the address provided.

 

7. PAYMENT METHODS:

Below we detail the available systems:

7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where they must specify all the digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Only Visa and Mastercard cards are accepted (or specify which ones can be used)
Payments are only accepted with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.

The system called SSL (Secure Sockets Layer) is used, as a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

7.2 Cash on delivery: The cash on delivery payment method is upon delivery of the order. When the transport company delivers the package, it will have to have the amount of the aforementioned order prepared to make the payment, if not, the recipient must move to pick up your order at the Company, as well as after 2 absences at the delivery address. The delivery of orders will only be made to the address provided by the customer when placing the order.

7.3 Payment by transfer or payment to account: At the time of finalizing the order, the user will receive instructions with the account number to pay the order. It is essential that the assigned order number and the name of the user are clearly indicated in the transfer order. In order to confirm the order, it will be necessary to make it within 7 days, otherwise, it will be canceled in our system.

7.4 PayPal or other platforms: Once the purchase is complete, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with the summary of your purchase. Pressing the “Back to the web” button will return to the web to see the order and be able to print it. PayPal has its own privacy policies and The Provider has no responsibility for them.

8. DELIVERY OF ORDERS:

8.1 Shipping Address: The delivery of orders will be made at the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate, or incomplete or when the delivery cannot be made for reasons beyond the control company. shipments, assigned for this purpose, as is the absence of the recipient.

The delivery time of the order will be during normal working hours.

Notwithstanding the foregoing, the provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time, for which no liability can be attributed against the provider.

Shipments are only made to destinations in Peninsular Spain and the Balearic Islands.

The Provider will put all the means at its disposal so that your order is delivered within the period that appears on our website on the date of issuance of the order confirmation.

8.2 Delivery times: correspond to those set out in the file for each product. In the case of products not available at the time of purchase, our Customer Service Department can provide you with availability information and delivery date.

If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that in the event of the unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service via email indicating the order number.

8.3 Shipping confirmation: At the time of delivery of the order to our carrier we will send you shipping confirmation to the email address you provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so that you can track it through our carrier’s website.

8.4 Delivery damage: Products are delivered in secure packaging. If at the time of delivery it is clearly and visibly appreciated, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or it is appreciated, in the same way, an error in the merchandise received, the customer must detail this fact in the receipt signed by the carrier and immediately contact our Customer Service line or via email within 24 hours. following receipt, to be able to request the return of the affected product or products and proceed to replace them with another in optimal conditions or, to reimburse the price paid for it, as indicated in said email.

A proof of delivery without any evidence of damage is equivalent to a product with the packaging in perfect condition. Similarly, if damage to the product is detected once the package is opened and the packaging is in perfect condition, the customer has 24 hours from receipt to contact our email. After 24 hours of delivery, claims for damage to the product will not be accepted.

9. RIGHT OF WITHDRAWAL:

9.1 Right of withdrawal: The User has 14 calendar days, counted from the date of the product, to return it (art. 71 Law 3/2014, of March 27). If you are not satisfied with the product or any of the products in your order, you may exercise your right of withdrawal by filling out the form attached to these conditions, with your order number (to obtain a refund of the amount of the product(s) within a maximum period of fourteen (14) calendar days following receipt of the order) along with their contact details. Unless the return is made due to defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.

We will provide you with a return number and instructions for the return procedure. You must send it to us by email or by post, always within 14 calendar days of receiving the order. After this period, you can only request the return or exchange of the product(s) for technical reasons subject to the guarantee of said product(s).

You must return the product with all the elements with which it was delivered, without damage or wear marks of any kind, and that does not denote an inappropriate use of the good or different from its own nature to the address that we have provided.

It is recommended to return it in its original packaging, if this is not possible, the product will suffer a depreciation in its value. The client will be responsible for the packaging and protection of the products that he sends as well as the expenses derived from the shipment.

Provided that the products are returned within a period of 14 calendar days, without any damage or signs of wear, and in compliance with the requirements established in this section, with the return number that we will have provided, we will refund the total amount of the purchase.

Remember that in any case, the product must include:

– Return number provided

– Order number

– Date of purchase and exercise of withdrawal

Information of interest (optional):

– Reasons for the return

– Information that you believe necessary or of interest to process the return

9.2 Return of defective product: the user must inform The Provider of the lack of conformity with the product within two months of becoming aware of it. In the event that the product is originally defective, you must send an email with the order number and explain the reason for the return.
Our Customer Service will contact you by email or phone call indicating how to proceed to send the defective product and provide you with a return number.

The product(s) of the order must be returned to the address where we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote an inappropriate use of the good or different from its own nature.

Once the defective product is received in compliance with these requirements and it is verified that the product(s) have a factory defect, we will contact you to manage the repair, replacement, reduction, or termination of the contract. In any of the above cases, the derived expenses will be borne by The Provider.

9.3 Return of non-defective product: When the product does not have any defect and its return has been motivated by ignorance or misuse, The Provider will contact you to indicate the steps to follow to recover the product.

The shipping costs derived from the return of a product that does not present any damage or defect to the user will be borne by the customer and The Provider will not proceed with said shipment until it has received an advance payment of the transport costs. Verification by The Provider that the product resulting from the return has damage resulting from misuse or poor protection during shipment may lead to the cancellation of the Guarantee or cause a decrease in the value of the product.

9.4 Return due to error in the order by The Provider: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by mail as soon as possible; The Provider will bear the cost of collecting the product sent by mistake and delivery of the corresponding to the order made.

9.5 Verification of Returns: The verification and verification of the products to be returned will be carried out by The Provider who, once at its facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may lead to the cancellation of the Guarantee or cause a decrease in the value of the product.

If any of the elements are missing, the product will be returned to your address with a note indicating the missing content.

9.6 The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.

2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it being prohibited.

3. When the product is open without being able to prove that it has not been used.

4. In software applications that are directly downloaded through the portal.

5. When they are personalized products or those that, for reasons of hygiene or other legally provided exceptions, are not subject to this right.

 

10. REFUNDS:

10.1 Reimbursement of shipping costs: If you request a refund of the shipping costs of the return, you must send the products by standard mail (ordinary letter). The responsibility for the shipment falls exclusively on the transport company or means contracted for said shipment. The extra expenses derived from the contracting of fast delivery services will be borne by the client.

10.2 Reimbursement for return: In the case of a return, the reimbursement of the amounts paid will be made through the means of payment that was used in the purchase. The Provider will not return the amount or carry out any reshipment of merchandise until the receipt and condition of the packaging and accessories of the product being returned or exchanged have been verified in our warehouse.

10.3 Reimbursement Period: the reimbursement will be made within 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum term to make the established payment is one month. To proceed with the refund, you must provide us with the following information:

– return number

– invoice and order number

– IBAN + 20 digits of your bank account.

10.4 The Provider declines the reimbursement of the amounts if:

– the products are used or deteriorated, or their use has exceeded its nature.

– the products are missing some elements.

 

11. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:

11.1 Guarantee: All products offered through the website are completely original unless otherwise indicated in their description.

All products have a warranty period of 2 years, in accordance with the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, except in exceptional cases in which it may be of different duration.

In the event that the Law on Guarantees for the Sale of Consumer Goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, The Provider’s team will indicate how to proceed through email or phone call. In these cases, The Provider is not responsible for how the manufacturer processes the guarantee of said product.

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements that are expressed below unless due to the circumstances of the case any of them is not applicable:

a) They conform to the description made by The Provider.

b) They are suitable for the uses to which products of the same type are ordinarily destined.

c) They are suitable for any special use required by the client when he has informed The Provider at the time of the execution of the contract, provided that the latter has admitted that the product is suitable for this use.

d) Present the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by The Provider.

e) The Provider describes the details, technical characteristics, and photographs of the products provided by their manufacturer so that he is not bound by these public statements.

2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the sales contract and has been carried out by The Provider or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.

3. The responsibility for lack of conformity that the User knows or could not have ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the User will not proceed.

11.2 Defective products: In the event of a defective product, the Provider must proceed to repair, replace, reduce the price or terminate the contract (as appropriate), procedures that will be free for the user. The Provider is liable for any lack of conformity that manifests itself within a period of two years from the delivery, as long as it informs The Provider of the lack of conformity within a period of two months from when he became aware of it.

11.3 Cases of cancellation of guarantee: The guarantee does not apply in the following cases:

– Deterioration created by adaptations, adjustments, or modifications made to a product without written agreement with the manufacturer,

– Expenses related to maintenance, repair, or replacement of parts due to normal wear and tear,

– Faults and deterioration of accessories,

– Deterioration created by misuse of the product, inappropriate use, non-respect of the instructions for use regarding its use and maintenance or improper installation,

– Damages generated by non-accredited persons or the user,

– Damage caused by accidents, lightning, floods, fires, or any other cause that is not the responsibility of the manufacturer,

– Damage caused by a system failure in which the product may be incorporated,

– If the model or serial number of the product shows any changes,

– Use of the product outside the family and private setting, for example in intensive professional use, or

– Products already repaired by Repair Services other than The Provider.

11.4 Replacement of an irreparable product: In the event that the product is considered irreparable or the cost of the repair is disproportionate to its value, it will be replaced by another exactly the same. If the latter is not possible, we will offer you a product with identical or superior characteristics.

The replacement of your product will terminate your sales contract and warranty extensions if any since when you purchase your new product it will benefit from a new contract as it is a new purchase.

12. ONLINE DISPUTE RESOLUTION

Without prejudice to the actions or measures that could be derived and contradicted contractually, the sales made through the Web may be subject to the O.R.L. (“ODR”), in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

13. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the General Conditions in everything else, having such disposition, or the part of it that was affected, as not placed.

14. APPLICABLE LAW AND JURISDICTION:

These conditions will be governed or interpreted in accordance with Spanish legislation that is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is a legal entity) or of the user (if it is an individual). 

In the event that the user is domiciled outside of Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of the Provider or a competent European area.

15. COMMENTS AND SUGGESTIONS:

Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.

In addition, we have official complaint forms available to consumers and users. You can request them through our contact form.

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