TRADE PARTNERS |
| | These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information. |
| | These Terms of Sale were last updated 23/06/2021 and are the original version. |
| | You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only. |
| | The following documents also apply to your use of Our Site: |
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| 1. | Definitions and Interpretation |
| | 1.1 | In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings: |
| | | “Contract” | means a contract for the purchase and sale of Goods, as explained in Part 10; |
| | | “Contact Tools” | means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat; |
| | | “Goods” | means the goods sold by Us through Our Site; |
| | | “Order” | means your order for Goods; |
| | | “Order Confirmation” | means Our acceptance and confirmation of your Order; |
| | | “Order Number” | means the reference number for your Order; |
| | | “Trade Partner” | means the person or trading entity that transacts with Us and places Orders on the Trade Portal; |
| | | “Trade Portal” | means the part of Our Site that a Trade Customer logs into; |
| | | “Trade Price List” | means the prices published for Goods within the Trade Portal |
| | | “We/Us/Our” | means Hinterland Limited. |
| | 1.2 | Unless the context otherwise requires, each reference in these Terms of Sale to: |
| | | | 1.2.1 | “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means; | | 1.2.2 | a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; | | 1.2.3 | a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale. |
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| 2. | Information About Us |
| | 2.1 | Our Site is owned and operated by Hinterland Limited, a Private limited Company registered in England under company number 01758143. |
| | 2.2 | Our VAT number is GB 396 3718 09. |
| | 2.3 | Our EORI (Economic Operators Registration and Identification) number is GB 396371809000. |
| 3. | How to Contact Us |
| | | 3.1 | To contact Us with general questions or complaints, the Goods or your Order or cancellations email Us at Enquiries@WaterRokit.com or to contact Us by telephone, please call Us on +44 (0)1992 475064, or communicate with us using an Enquiry Form available throughout Our Site. | | 3.2 | We provide the following Contact Tools for you to contact Us: | | | | | 3.3 | Use of Our Contact Tools is subject to Part 3 of Our Terms of Use and Our Acceptable Usage Policy. |
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| 4. | Access to Our Site and Use of Our Site |
| | 4.1 | Access to Our Site is free of charge. |
| | 4.2 | It is your responsibility to make the arrangements necessary in order to access Our Site. |
| | 4.3 | Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period. |
| | 4.4 | Use of Our Site is subject to Our Terms of Use. Please ensure that you have read them carefully and that you understand them. |
| 5. | Changes to these Terms of Sale |
| | 5.1 | We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received. |
| | 5.2 | If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise. |
| 6. | Business Customers and Consumers |
| | These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein. |
| 7. | International Customers |
| | Our site is intended for users worldwide. However, with exception to users in the United Kingdom we do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations. |
| 8. | Goods, Descriptions and Changes |
| | | 8.1 | We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following: | | | | a. | Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions; | | b. | Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary. |
| | 8.2 | Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14. | | 8.3 | Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods. | | 8.4 | As explained in the descriptions of the Goods, more significant changes may also be made to the Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received. |
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| 9. | Pricing |
| | | 9.1 | We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Subject to Part 9.2, changes in price will not affect any Order that you have already placed | | 9.2 | All prices on our Trade Price List are net prices, excluding VAT. For Trade Customers residing in the United Kingdom VAT is charged at the current rate, and is calculated upon your Order being placed and Us taking payment. For Trade Customers outside of the United Kingdom, it is the responsibility of the Trade Customer to declare and pay any taxes relating to the Order. | | 9.3 | All prices for Goods on your Order is checked by Us before we process your order. If we have shown incorrect pricing for Goods on your Order we will inform you of the mistake in writing, and rectify the mistake by either: | | | | a. | If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price, and will issue any refund due to you. | | b. | If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 5 working days, We will treat your Order as cancelled and inform you of the cancellation in writing, and will refund any monies paid to Us by you for the Order. |
| | 9.4 | If We mistakenly accept and process an Order where an obvious and unmistakable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us. | | 9.5 | Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process. |
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| 10. | Orders and How Contracts Are Formed |
| | | 10.1 | Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. | | 10.2 | If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable. | | | | a. | If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you. | | b. | If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result. | | c. | We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it. |
| | 10.3 | No part of Our Site constitutes a contractual offer capable of acceptance. | | | | a. | Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. | | b. | Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods. |
| | 10.4 | Order Confirmations contain the following information: | | | | a | Your Order Number; | | b. | Confirmation of the Goods ordered including full details of their main characteristics; | | c. | Itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges; | | d. | Estimated delivery date(s); | | e. | We will also include a paper copy of your Order Confirmation with your Goods. |
| | 10.5 | Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily. | | 10.6 | In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded using the same payment method that you used when ordering the Goods. | | | | a. | We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set. |
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| 11. | Payment |
| | | 11.1 | Payment for Goods and related delivery charges must always be made in advance, unless We have agreed with you other terms of payment e.g. a credit account. You will be prompted to provide payment details during the ordering process. | | 11.2 | Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law). | | 11.3 | We accept the following methods of payment: | | | | a. | Debit or Credit card using Our payment merchant e.g. PayPal | | b. | Bank transfer to Our bank account, if this has been selected at the time of placing your Order | | c. | For Trade Customers with a credit account agreed by Us then a Bank transfer or Debit / Credit card following an invoice sent to you by Us |
| | 11.4 | We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 2% per annum above the Bank of England base lending rate. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum. | | 11.5 | If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 11.4 on any sums disputed in good faith under this Part 11.5. |
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| 12. | When You Own the Goods |
| | Ownership of the Goods passes to you once We have received payment in full of all sums due. |
| 13. | Availability and Delivery |
| | We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site. |
| | Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you. |
| | In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received by you. |
| | | 13.1 | All Goods purchased through Our Site will normally be shipped within 2 to 7 days and delivered soon after. For overseas delivery please allow up to 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process. | | 13.2 | We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay. | | 13.3 | If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received. | | 13.4 | If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, the courier company used to deliver your Goods will leave a note stating what you must do. | | 13.5 | If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions provided we are aware your Goods have not been delivered. | | | | a. | We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result. |
| | 13.6 | In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately: | | | | a. | We have refused to deliver your Goods; or | | b. | In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or | | c. | You told Us when ordering the Goods that delivery within the specified or agreed time period was essential. |
| | 13.7 | If you do not wish to cancel under Part 13.7, 13.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end. | | 13.8 | You may cancel all or part of your Order under Parts 13.7 or 13.8 13.6 or 13.7 provided that separating the Goods in your Order would not significantly reduce their value. | | | | a. | Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. | | b. | If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection. |
| | 13.9 | Delivery shall be deemed complete once We have delivered the Goods to the address you have provided. | | 13.10 | Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges). | | 13.11 | Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us. | | 13.12 | As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it. |
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| 14. | Faulty, Damaged or Incorrect Goods |
| | | 14.1 | This Part 14 provides a summary of your legal rights as a Trade Partner. Your legal rights is subject to the laws of England. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice Bureau or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights. | | 14.2 | If you have received faulty, damaged or incorrect Goods please contact Us with 30 days of receiving the Goods using the details provided above in Part 3. We will either: | | | | a. | Arrange for collection of the faulty / damaged / incorrect Goods at our expense and send to you replacement Goods. | | b. | Arrange for collection of the faulty / damaged / incorrect Goods at our expense and refund you in full for the faulty / damaged Goods. | | c. | Agree alternative arrangements with you on a case by case basis. |
| | 14.3 | We may decline to action your request per Part 14.2 where in our opinion we reasonably believe damage to Goods occurred whilst the Goods were in your possession. | | 14.4 | If there is a problem with the Goods, please contact Us using the details provided above in Part 3. You must not return the Goods or withhold payment without Our written remedy per Part 14.2. We will not accept delivery for any Goods from you unless we have agreed to receive such Goods. | | 14.5 | If you exercise your legal right to reject the Goods, you must return them to Us. | | 14.6 | When returning goods We will arrange for collection, unless otherwise agreed with you. | | 14.7 | We reserve the right to withhold any refund offered to you until we have received the Goods. |
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| 15. | Your Rights to Cancel and End the Contract |
| | | 15.1 | If the Goods are faulty or mis-described, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information. | | 15.2 | If you wish to end the Contract because of something We have done or are going to do, please refer to Part 16, below, for more information. |
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| 16. | Cancelling and Ending the Contract Because of Something We Have Done or Will Do |
| | | 16.1 | You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances: | | | | a. | We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1); | | b. | We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.4); | | c. | We have informed you about an error in the price or description of the Goods and you do not wish to proceed; | | d. | There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3); | | e. | You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply). |
| | 16.2 | If you cancel and end the Contract for any of the reasons set out in this Part 17, and subject to Part 17.2, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been shipped or delivered. | | 16.3 | If you wish to end the Contract for this reason in Part 17.1, you must inform us in writing stating your reason to end the Contract and We will confirm cancellation with you in writing. Our contact details are provided above in Part 3. |
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| 17. | Our Liability |
| | | 17.1 | We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any Contract between you and Us. | | 17.2 | Subject to Part 11.4, Our total liability to you for all other losses arising out of or in connection with any Contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not be greater than the total sums paid by you for the Goods under the Contract in question. | | 17.3 | Except to the extent expressly set out in Part 17.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. | | 17.4 | We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. | | 17.5 | We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. | | 17.6 | Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law. |
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| 18. | Events Outside of Our Control (Force Majeure) |
| | | 18.1 | We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. | | 18.2 | If any event described under this Clause 18 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale: | | | | 18.2.1 | We will inform you as soon as is reasonably possible; | | 18.2.2 | We will take all reasonable steps to minimise the delay; | | 18.2.3 | To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly; | | 18.2.4 | We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary; | | 18.2.5 | If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 60 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods; | | 18.2.6 | If an event outside of Our control occurs and continues for more than 60 days and you wish to cancel the Contract as a result, you may do so by contacting us in writing. Refer to Part 3 for contact methods. |
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| 19. | Complaints and Feedback |
| | | 19.1 | We always welcome feedback from Our Trade Partners and, whilst We always use all reasonable endeavours to ensure that your experience as a Trade Partner of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. | | 19.2 | All complaints are handled by our customer services team. Upon you making a complaint we will review the particulars of your complaint and aim to respond to you by email within 14 working days. We aim to resolve your complaint quickly and to your satisfaction. If you are not satisfied with our proposed resolution then you may request your complaint be escalated to a senior team within our company. This team will review your complaint and will offer a resolution suitable to the nature of your complaint. | | 19.3 | If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3. |
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| 20. | How We Use Your Personal Information |
| | We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy. |
| 21. | What Happens if We Transfer this Agreement to Another Party |
| | We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them. |
| 22. | Other Important Terms |
| | | 22.1 | You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. | | 22.2 | The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. | | 22.3 | If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court of England or other authority of England, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable. | | 22.4 | No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision. | | 22.5 | We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. |
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| 23. | Law and Jurisdiction |
| | | 23.1 | These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. | | 23.2 | If you are a Trade Partner any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales. |
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