TERMS & CONDITIONS
Definitions |
Term | Declaration |
Saveware |
Saveware.eu, the user of these terms and conditions, hereinafter called Saveware. |
Agreement |
An agreement between Saveware and a client in respect of one or more Saveware products and / or services. |
Conditions |
These Terms and Conditions of which Saveware the user is. |
Customer |
The natural person or legal entity that has entered into an agreement with Saveware. |
Consumer |
The Customer who is a natural person and not acting in the exercise of professional or business and enters into a distance contract with Saveware. |
Products |
Matters such as LED lighting, solar panels and other products offered on the Website. |
Services |
Custom products offered by Saveware. |
Remote Agreement |
An agreement whereby part of an organized system by Saveware for distance selling of products, until the conclusion of the agreement exclusive use of one or more means of distance communication. |
Website |
The internet site www.saveware.eu |
Webshop |
The on the Website active Webshop. |
"Cooling off" |
The period during which the consumer can make use of his right of withdrawal. |
Right of withdrawal |
The possibility for the consumer to waive the distance contract within the cooling off period. |
Length Transaction |
A distance contract relating to a range of products, where the supply and / or purchase is spread over time. |
Durable data carrier | Any means that the Customer or entrepreneur uses to store information addressed personally to him, in a way that it enables future consultation and unaltered reproduction of the stored information. |
Article 1. Applicability |
1.1 |
On all offers, orders and agreements from Saveware the exclusion by any other terms or conditions than these terms & conditions apply. Accepting an offer or placing an order implies that the Customer accepts the applicability of these terms and accepts that these form part of the purchase agreement. |
1.2 |
The provisions in these Terms may only be waived in writing, in which case the remaining provisions shall remain in force. |
1.3 |
All rights and claims, as in these conditions and any further agreements for Saveware are made, are also stipulated for intermediaries and other third parties engaged by Saveware. |
1.4 |
Departures from these conditions may only be in writing and only apply in respect of the specific agreement to which the departure relates. |
1.5 |
If uncertainty exists regarding the interpretation of one or more provisions of these Terms and Conditions, then the explanation must be found 'in spirit' of these provisions. |
1.6 |
If between parties, a situation arises that is not covered in these conditions, this situation should be assessed to the spirit of These terms and Conditions. |
1.7 |
The applicability of any other general (purchase) conditions used by the Customer is expressly rejected, unless the Parties explicitly agree otherwise in writing. |
1.8 |
If one or more provisions of these terms and conditions at any time in whole or in part should be void or destroyed, it remains, in these terms and conditions specified fully applicable. Saveware and the client will then engage in dialogue to develop new rules to replace the invalid or void provisions to be agreed, with as much as possible the purpose and intent of the original provisions are observed. |
1.9 |
In the event any provision of these Terms is not in accordance with Dutch consumer legislation or on the other side with mandatory law, then this legislation has priority, without prejudice to the validity of the remaining provisions. |
1.10 |
In addition to these Terms and Conditions, additional conditions may be applicable to certain products or services if expressly indicated. |
1.11 | In the event that these Terms and the Agreement contain conflicting provisions, the conditions contained in the Agreement apply. |
Article 2. Offers / agreements |
2.1 |
Before the remote contract is concluded, the text of these Terms are made available to Customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the Terms and Conditions can bee seen at Saveware and at the request of Customer it will be sent as soon as possible and free of charge. |
2.2 |
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to be made available to the consumer in such a way that by the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. |
2.3 |
All offers of Saveware are without obligation and subject to availability. Saveware expressly reserves the right to change prices, especially when under (legal) regulations necessary. |
2.4 |
An agreement is only after acceptance of the order by Saveware. Saveware has the right to refuse orders or to attach special conditions to the delivery, unless otherwise specified. If an order is not accepted, Saveware will communicate this within ten (10) days after receipt of order. |
2.5 |
Saveware can not be held to its offers if the Customer, in terms of reasonableness and fairness and in society prevailing views, ought to understand that the offer or any part thereof contains an obvious mistake or error. |
2.6 |
Saveware can - within the law - inform whether the Customer is able to meet its payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If Saveware under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to attach special conditions to the execution of an order or request. |
2.7 |
Once Client for Saveware placed an order, the customer receives an order confirmation via email. On the order confirmation, the Customer finds an overview of the ordered products, including shipping costs. |
2.8 |
Saveware reserves the right to cancel an order without giving reasons if the order is filled out incompletely. |
2.9 |
Additions and changes to the order will be implemented free of charge, provided that the change is confirmed in writing by Saveware, and the order has not been processed. If this is not the case, Saveware reserves the right to refuse the additions and changes or charge the extra fees. |
2.10 |
If a Customer does not timely or properly fulfils some or any of its obligations under the Saveware agreement(s), the Customer is legally in default. If then Saveware has the right to terminate the contract all or partly unilaterally, without notice and without judicial intervention, by means of a written notice without Saveware to pay any compensation, without prejudice to any other rights of Saveware. |
2.11 |
All periods and deadlines listed on the website are indicative. Therefore, no rights can be derived from the specified periods and deadlines. |
2.12 |
Verbal agreements, either in person or over the phone, bind Saveware only after they have been expressly confirmed in writing. |
2.13 |
Saveware Offers do not apply automatically to repeat orders. |
2.14 | Despite the great care with which catalogs and other mail pieces are composed, Saveware accepts no liability for mistakenly incorrect information or prices. The Customer can not derive any obligations from Saveware. |
Article 3. Prices |
3.1 |
The prices listed in the products are in euros and including VAT unless indicated otherwise. Shipping costs are (unless otherwise stated) are not included in these prices. See shipping and returns on the Website for shipping. The administration of Saveware, subject to proof at all times be deemed to give an accurate representation of the orders, deliveries and payments. The administration of Saveware shall at all times be deemed to contain an accurate representation of the status of orders, deliveries and payments. |
3.2 |
Notwithstanding the previous paragraph, the company may offer products or services whose prices are linked to fluctuations in the financial market, and over which the company has no control, at variable prices. The offer will state the possibility of such fluctuations and the fact that any indicated prices are target prices. |
3.3 |
For agreed repair and installation work, Saveware shall charge its hourly rates and materials prices applicable at the time of delivery. If repair is not possible or is not executed on the Customer's request, research and administration costs are due. |
3.4 |
It is not possible to deliver products via the Webshop without VAT for European (not Dutch) professional Customers with a VAT number. This can only be done when a Customer orders directly by e-mail at Saveware. |
3.5 |
For any import or customs duties if the order send to a country other than the Netherlands, Saveware is not responsible. The Customer must pay these costs themselves. The height of any amount will be calculated by the customs of the country. |
3.6 |
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations. |
3.7 |
Price increases from 3 months after the conclusion of the contract are permitted only if:
|
3.8 |
Saveware cannot be held responsible for price indications that are obviously incorrect, eg as a result of obvious typesetting or printing errors. Incorrect pricing information is not legally binding. |
3.9 | On Customer's order Further (payment / order) conditions can be set. When paying by bank transfer, the date of payment is the date of crediting the bank account of Saveware. |
Article 4. Repair and Assembly |
4.1 |
Repair and assembly work is performed on the basis of explicit written or electronic orders to do so by the Customer. |
4.2 |
The repair / installation work is carried out after the information is sent to Saveware (drawings, etc.) in advance, the Customer takes responsibility for the accuracy. |
4.3 |
If Customer wishes additions or changes to the agreed repair and / or installation work, than this is more work and can be charged separately to Customer. |
4.4 | During repairs, there is a minimum of repair costs. If it appears that Saveware can't repair the device / product, then the research costs are deducted if Customer purchases a new device / product at Saveware. |
Article 5. Payments |
5.1 |
Payment can be made with (one of) the way(s) indicated during the ordering process. |
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5.2 |
Payment must in any case be made without discount or compensation within fourteen (14) days after the invoice date for deliveries within the Netherlands, and within twenty (21) days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing. |
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5.3 |
If the term of payment is exceeded, the client is in default from the date the payment should have been made and will be obliged to pay interest for overdue payment of one percent (1%) per month or part of a month over the outstanding amount. If payment is made after a demand by Saveware, the Customer will be charged a sum of twenty-two euros and sixty-nine cents (€ 22.69) administration costs. And if Saveware outsources the collection his claim, the Customer shall also pay the collection costs, which will be calculated in accordance with "Rapport Voorwerk II", without prejudice to the power of Saveware to collect the actual extrajudicial collection costs instead. |
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5.4 |
If the Customer is in default on any payment, Saveware is entitled to suspend or dissolve (implementing) the agreement and related agreements. |
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5.5 |
Invoices will be submitted or sent with the delivery. The invoices are also the guarantee certificate for Customer. |
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5.6 |
Customer has the duty to notify inaccuracies in data supplied or specified payment immediately to Saveware. |
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5.7 |
Saveware offers several forms of payment, where "Safe Payment" is paramount. Saveware recommends paying with iDEAL because this is optimum safe, easy and fast.* iDEAL
Paypal |
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5.8 |
Our payment methods:
* including cost of shipping, administration and other costs. If you want to order and pay in another way, please contact us,before you place the order. For more information mail to: info@saveware.eu |
Article 6. Delivery |
6.1 |
Saveware will take the utmost care when receiving and implementing product orders. |
6.2 |
If delivery of an ordered product proves impossible, Saveware will endeavor to provide a replacement product. At latest at the delivery the Customer will be notified that a replacement item is delivered in a clear and comprehensible manner. In this case in claiming the right of withdrawal, the cost of return postage will be on behalf of Saveware. |
6.3 |
The risk regarding the products turns at the time of delivery to the Customer. |
6.4 |
Saveware is not liable for any damage during or as a result of the delivery occured on the side of the Customer or any third party, unless he proves that the damage is the result of gross blame, gross negligence or intent on the part of Saveware. |
6.5 |
The deadline is 30 days after placing the order / receipt of payment, except to the extent that the delay can not be attributed to Saveware. When ordering Saveware to deliver products, the place of delivery should be defined as precisely as possible. Unless agreed otherwise, Saveware delivers to the address specified by the Customer. |
6.6 |
Shipment will be handled within 48 hours (if in stock) otherwise within 3 days. Exceptions are possible and depend on the availability of the item. This is clearly indicated on the Website. |
6.7 |
Delivery times are only valid as an indication and are never a deadline. Saveware can communicate more information about delivery times on the Website or in any other way. Such information is only indicative. |
6.8 |
Saveware is not responsible for any delay that occurs in the delivery by post or courier service or any other carrier engaged by Saveware. When shipping to addresses outside the Netherlands, longer transport times should taken into account. |
6.9 |
If delivery either by (temporarily) out of stock, or for other reasons is delayed, or if an order is not or only partially implemented, the Customer will be notified no later than thirty (30) days after placing the order. In that case the Client has the right to cancel the order without penalty, and Saveware will arrange the refund in that case. |
6.10 |
Deviations in color, type, text and / or price changes are reserved. In case of great variations in model, color and price, the Customer will be informed in front and has the option to terminate the agreement. |
6.11 | Repair and assembly orders are implemented as soon as possible after receiving the written / electronic instructions to do so by Customer. |
Article 7. Retention and waiver of rights |
7.1 |
The ownership of products is only transferred, if Customer has paid whatever it is due under any agreement with Saveware. The risk in respect of the products is (already) transferred at the time of delivery to the Customer. |
7.2 |
If the sold goods are delivered but not yet paid, the Client is not allowed to give them in hand or made available to third parties for handing, disposal or under any title or any denomination. This includes, among other things the (partial) transfer of ownership of products, pledge or possessory pledge. |
7.3 |
In case of loss, theft, seizure, etc., of the sold products, the Customer is required, as long as no full payment has been made, to notify Saveware within 24 hours of the discovery. |
7.4 |
By the simple fact of non-compliance or violation of the provisions of this article, the Customer forfeits a payable fine to the amount equal to the purchase price. |
7.5 |
Paragraph 2 shall not apply if the Customer is a company and selling the delivered object is the purpose. |
7.6 | If Customer in the context of a claim under the warranty or repair or installation command issued a case, and is not available (again) for him within three months after the case issued or replacement case, the case in question has not been picked up or he has refused to meet the (cash on delivery) expenses and has resulted in not delivered, in such case he shall be deemed to have waived the benefit of Saveware and indemnify Saveware from all (third party) claims, unless the Customer proves that he is not due to an attributable shortcoming which prevented him to pick up the case or receive the delivery. |
Article 8. Complaints |
8.1 |
Customer is obliged to inspect the delivered goods immediately upon receipt. Possible shortcomings should be reported by the Customer within fourteen (14) days after discovery in writing and motivated to Saveware. |
8.2 |
Minor deviations in quality of the delivered products, which are technically inevitable or are generally accepted in trade, can not constitute grounds for complaint or termination of the agreement. |
8.3 | If it is demonstrated that the products do not meet the agreement, Saveware can choose that the products have to be returned and will be replaced by new products, or refund the invoice price plus the shipping costs. |
Article 9. Right of withdrawal |
9.1 |
When purchasing products, the Consumer has reflection time and the ability to terminate the contract without giving any reason within 14 (fourteen) days. This period commences on the date of receipt of the product by or on behalf of the Consumer. |
9.2 |
During this period the consumer will treat the product and packaging carefully. He will unpack the product only as needed to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to Saveware accordance with the by Saveware supplied reasonable and clear instructions. |
9.3 |
If the consumer exercises his right of withdrawal, the cost will not exceed the shipping cost for returning the products. |
9.4 |
If the consumer has paid an amount, Saveware refunds this amount as soon as possible but no later than 14 days after the return or cancellation. |
9.5 |
If the consumer does not have a right of withdrawal, this can only be excluded by Saveware where Saveware clearly stated this in the offer, in time before the conclusion of the agreement. |
9.6 |
Saveware reserves the right (within or outside of the revocation period of fourteen (14) days) to refuse returned products or to refund only a portion of the amount paid, if suspected that the article is used or damaged by the Customer. |
9.7 |
Upon request for return, the Customer must send a email in advance to Saveware with his name and the order number under which the product was delivered. Saveware will then send the return address to the Customer. Undeclared returns will not be accepted. |
9.8 |
Unstamped returns will not be accepted. |
9.8 |
Excluded from the right of withdrawal are products:
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Article 10. Communication |
10.1 |
Customer and Saveware expressly agree that by making use of electronic communication constitute a valid contract is established once the conditions in Article 2 are met. In particular, the lack of a signature does not affect the binding force of the offer and its acceptance. The electronic files of Saveware will extent the law allows, as a presumption of evidence. |
10.2 |
For misunderstanding, delays or transmission of orders and messages resulting from the use of the Internet or any other means of communication between the Customer and Saveware, or between Saveware and others, as it relates to the relationship between Customer and Saveware, Saveware is not liable, unless and to the extent there might be intentional or gross negligence of Saveware. |
10.3 |
Saveware corresponds to a Customer by email to the email address specified by the customer and is not held to use any other communication means in the ordinary course of business. |
10.4 | Due to the dependence on the Internet and its unpredictable and sometimes unstable nature, it is possible that the Website of Saveware is not always accessible. For this, Saveware will never be liable. |
Article 11. Force Majeure |
11.1 |
Without prejudice to its other rights, Saveware has in case of force majeure the right, at its option, to suspend the execution of the order or terminate the contract without judicial intervention, to communicate this in writing to the Customer and without Saveware is liable for any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness. |
11.2 |
Force majeure is defined in these Terms and Conditions in addition to what is included in this area of the law and jurisprudence, all external causes, foreseen or unforeseen, which Saveware can not influence but which prevents Saveware to fulfill the obligations. Strikes in the company of Saveware are included. Also, the force majeure include failures in (telecommunications) networks or connections or communications and / or at any time unavailability of the website. |
11.3 |
Parties may during the period that the force majeure persists, suspend the obligations of the agreement. If this period lasts longer than two months, either party may terminate the agreement without any obligation to pay damages to the other party. |
11.4 | Where Saveware at the time the force majeure occurs partially has fulfilled his obligations under the contract or will be fulfilled, and this part has a respectively independent value, Saveware is entitled to respectively invoice the already fulfilled or to be fulfilled part separately. The Customer is obliged to pay this invoice as if it were a separate agreement. |
Article 12. Guarantee conditions |
12.1 |
Saveware ensures that the product meets the contract and meets the specifications listed in the offer. |
12.2 |
For products delivered by Saveware to the following guarantees apply: LED lamps and spotlights 3 year warranty, LED strips 2 years and LED controllers and power supplies 1 Year Warranty. The manufacturer warranty for most products is 1 to 2 years and is listed at the producer. |
12.3 |
A request for the warranty is only by Saveware considered if submitted within the applicable guarantee period. Furthermore, this request has to be reported in writing within 14 days after the defect is discovered or reasonably could have been detected. Returning the product must be in agreement with Saveware and in the original packaging. |
12.4 |
Warranty is only granted upon presentation of the original invoice, which was issued to the Customer by Saveware. |
12.5 |
Any warranty is void if:
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12.6 |
The cost of modifying or repairing the delivered products without prior written permission from Saveware by or acting on behalf of the Customer, will never be at the expense of Saveware. |
12.7 |
Excluded from guarantee are the shipping and COD charges for sending the article. This concerns from Saveware to the Customer as well from the Customer address to Saveware. |
12.8 |
Excluded from the aforementioned warranty are repair and assembly work on the subject matters offered by Customer for repair. In respect to repair and assembly work done by Saveware, Saveware ensures that the work will be carried out to the best ability. |
12.9 |
If complaints from the Customer are found justified by Saveware, Saveware at its option will replace the products at no charge or offer to create a written scheme of compensation with the customer, provided that the liability of Saveware and therefore the amount of damages is limited up to the invoice amount of the relevant products, or (at Saveware choice) to the maximum amount covered per case by the liability insurance of Saveware. Without prejudice to the provisions of Article 13 on liability. |
12.10 |
If Customer is a consumer, the aforementioned paragraphs shall not prejudice the rights and claims that the customer in respect of a breach of the obligations of Saveware over Saveware may assert under the Act and / or the remote agreement. |
12.11 | It is possible that Saveware includes links on the Website to other websites which may be interesting or informative for the visitor. Such links are purely informative. Saveware is not responsible for the content of the website referred to or the use that can be made. |
Article 13. Liability |
13.1 |
Saveware is only liable for direct damage to the side of the Customer or third parties if and insofar as the damage is the direct and immediate consequence of the implementation of the agreement by Saveware or if it is a mandatorily risk for Saveware. |
13.2 |
Saveware's liability in accordance with the preceding paragraph shall be limited to the purchase price of the delivered product / service provided, unless the damage is the result of gross blame, gross negligence or intent on the part of Saveware. |
13.3 |
Saveware is not responsible for differences in prices, images and texts contained in the catalogs information or other documentation by Saveware. |
13.4 |
The Customer also indemnifies Saveware against claims on any basis compared Saveware from a third party, who claims to have suffered damages by an article ordered by Saveware, unless the Customer demonstrates that Saveware is responsible for that loss under mandatory law. |
13.5 |
The liability of Saveware is always limited to the amount paid out by its insurer, as appropriate per case. |
13.6 |
In no event Saveware will be liable for any indirect damages, including trade losses and consequential damages, even if Saveware has been informed of the possible occurrence of such indirect damage. |
13.7 |
The limitation of liability as provided in this article applies equally to employees and all other persons that are involved by Saveware to implement the agreement. |
13.8 | If Customer is a consumer and a particular paragraph of this article may be considered onerous or otherwise contrary to mandatory (consumer law), this paragraph will not apply. |
Article 14. Intellectual and industrial property |
14.1 |
Customer must respect, fully and unconditionally, all intellectual and industrial property rights attached to the by Saveware delivered products. |
14.2 |
Saveware doesn't guarantee that the products delivered to the Customer does not infringe in any (unwritten) intellectual and / or industrial property of third parties. |
14.3 |
The Customer acknowledges expressly that all intellectual property rights to the presented information, communications or other expressions concerning the products and / or relating to the Website are owned by Saveware, its suppliers or other copyright holders. |
14.4 | The Customer is not permitted to use, including making changes, of intellectual property rights as described in this article, such as duplication, without the express prior written consent of Saveware, its suppliers or other claimants unless this is for private use in relation to the product itself. |
Article 15. Personal |
15.1 |
Personal information is stored in the customer system of Saveware to process the orders. |
15.2 |
The Customer has at any time the right to ask Saveware which data exists in the database and to change it. Saveware can not guarantee the security of the personal data of the Customer that are sent over the Internet, since the possibility exists that this personal information may be intercepted. For this, Saveware can not be held liable in any way. |
15.3 |
If Customer subscribes to the Website of Saveware, the Customer commits to giving the right information. Providing false information is contrary to the conditions on the Website. Failure to provide information requested during the order and which are necessary for the processing and sending of the order, invoice preparation and the activation of the guarantee, will result in the cancellation of the order. This notwithstanding the right of Saveware for compensation. |
15.4 | If the Customer consents to the processing of his data for easy processing of new orders and for receiving offers and other commercial communications that Saveware thinks is useful to the Customer, its data will be included in a central file of Saveware and shall be used for this purpose. Only Saveware can send the Customer email for promotional activities, if the Customer agrees. The Customer can at all times undo his consent or notification (for example the newsletter). The Customer can Unsubscribe online via email. |
Article 16. Complaints |
16.1 |
Complaints must be notified by e -mail to Saveware with clear description of the complaint. Saveware will try to reach a reasonably solution with the customer. For exchange / replacement the points in Articles 8 and 9 further apply. |
16.2 |
Saveware has a well-publicized complaints procedure and deals with complaints in accordance with this procedure. |
16.3 |
Complaints about the performance of the contract must promptly, fully and clearly described and submitted to Saveware, after the customer has discovered the defects. |
16.4 | At Saveware submitted Complaints are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Saveware responses within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer. |
Article 17. Dutch law and competent court |
17.1 |
Each agreement by Savewarex is exclusively governed by Dutch law. |
17.2 |
All disputes between the Customer and Saveware that may arise and for which a solution can not be achieved in concert, will be submitted to the jurisdiction of the competent court. |
17.3 | Foregoing provisions shall also apply if an agreement is executed wholly or partially abroad or if the party involved in the legal relationship is domiciled there. The applicability of the CISG is expressly excluded. |
Article 18. Location and change policy |
18.1 |
These Conditions are filed at the Chamber of Commerce in Den Bosch under number 58861173 and will be sent free of charge by us upon request. Also, these conditions can be downloaded on www.saveware.eu. |
18.2 |
Applicable is the last registered version or the version or the version at time of the conclusion of the legal relationship with the Customer. |
18.2 | The Dutch text of these general conditions is decisive for its interpretation. |
Article 19. Identity of Saveware |
19.1 | Fidelia with the trade name Saveware, is located at Gansoijen 14a, 4267 EW, Drongelen, The Netherlands. Attainable on weekdays from 8:30 to 17:00 pm on telephone number +31-(0)653 748367 or on info@saveware.eu. COC number: 58861173 VAT identification number: NL8532.12.545.B01 |
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