TERMS OF SALE
Last updated: March 2022 (Global-e Version: 6.0)
These Terms of Sale apply for all purchases made via the international Esprit online shops (“Website”), operated by Esprit Retail (Hong Kong) Limited (a company registered in Hong Kong and having its registered office at 27/F, China United Centre, No. 28 Marble Road, North Point, Hong Kong, referred to as “Esprit”) between the buyer, who is a consumer (hereinafter also referred to as “you” or “Consumer”) and Global-e HK Limited (a company incorporated in Hong Kong referred to as “Global-e”, “we”, "our" or "us"), having its registered office at 3806 Central Plaza, 18 Harbour Road, Wanchai, Hong Kong, operating as the seller. Global-e is the sales facilitation and fulfilment partner of Esprit for the products were made available to you for purchase through the Website and delivery to you ("Merchandise”) via the Website for selected territories. Esprit has an agreement with Global-e allowing Global-e to act, as the merchant of record, in Global-e’s own name and on behalf of Esprit.
Please print or save these Terms for future use as there is no warranty that they will remain accessible in future.
This contract for the purchase and sale of Merchandise is entered into in the English language, if a non-English language version of these Terms was posted or provided, you agree that such non-English language version is provided for reference only and that the English language version will govern.
You buy the Merchandise in your local currency and at a price that normally includes any applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), plus international or local delivery costs and fees, as the case may be (“Delivery Costs"), and, if available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination ("Import Charges"). If you have elected not to pre-pay Import Charges, please be aware that the carrier or the broker of your choice may impose fees which cannot be calculated and/or estimated at the time of Checkout.
From time to time, without advanced notice and in select destinations, Delivery Costs and/or Import Charges could be covered, partially or fully. The Website will provide details about such offers before completing and placing the Order.
Orders placed via the Checkout are solely reserved for “Consumers”, only: (i) as defined by law and case law precedent, and (ii) individuals acting exclusively on their own behalf. Any Order which is obviously not a consumer retail sale and, more generally, any Order that is fraudulent or presumed as such, will not be accepted. Prior to placing an Order, you represent and warrant that the purchase of the Merchandise has no direct link to commercial activity of any kind and is strictly and solely for personal use.
The characteristics of the Merchandise you buy, as well as the price, Delivery Costs and Import Charges (if available for pre-payment), shall be those displayed to you on the Checkout. Please make sure you review your checkout page so that you can identify and correct any input errors.
You are advised that there may be minor differences between the actual Merchandise and the way that it appears on the Website/Checkout, e.g., in relation to appearance / color / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the Website and may not be in your own language.
Quantity limits may apply in relation to Orders of a certain Merchandise. Orders exceeding a certain number of authorized Merchandise could be refused at any moment in time, without prior notice.
BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS
You place the Order for the Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket and transmitting the order by clicking on the “PAY AND PLACE ORDER” button (or similar button) on the Checkout. This process permits you to check and amend any errors before making an order by using the “back” button.
To place an Order, you must be at least at the age which enables you to bind yourself to contracts per local legal requirements in the place where you reside. By placing an Order, you confirm that you meet this requirement.
The information contained in these Terms and the data contained on the Website and Checkout do not constitute an offer to sell, but rather an invitation to contract. Once you have placed your Order, it will be acknowledged via an email which will contain the relevant details of your Order. Please note, this e-mail does not constitute an acceptance of your Order to buy the Merchandise – it only constitutes an acknowledgement of your Order. Your Order is not accepted (and therefore no commitment is made to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until your Order is specifically accepted and a confirmation email is sent ("Order Confirmation"). Order confirmation is subject to fraud checks and certain other mandated regulatory checks (such as ‘Denied Parties Screening’).
If the payment method you selected at Checkout supports an authorization mechanism (e.g. most credit/debit cards), then when you place your Order the applicable amount will only be authorized. You will be charged only after the Merchandise has been dispatched to you, unless the Order is a ‘pre-order’ or a similar type of order, in which case the charge could be made even before the Merchandise has been dispatched, depending on the particulars of the pre-ordered Merchandise. If the payment method you selected does not support authorization mechanism, the charge will be immediate upon placing the Order (or such other timing set by that specific payment method you used, if applicable). Please note that you will be charged the full Order amount even if the Order is dispatched in parts. Where PayPal/PayPal Express is offered as a payment method, the full amount of your purchase may be taken immediately following the placement of your Order. Pre-Payment shall not affect your legal rights under these Terms (including for example any right of refund). If shipping, delivery or fulfilment obligations cannot be performed (subject to these Terms), you will be notified via email and a refund of the pre-payment will be made without delay.
Appropriate efforts are made to process and fulfil any Order as quickly as possible. However, certain Order may be declined, notably abnormal orders, orders which are suspected to be placed not in good faith or orders which have not been placed by individuals. Your Order may also be declined or cancelled, upon notice to you, if: (a) the Merchandise is unavailable (in which case, if the payment was processed, you will be refunded in accordance with these Terms); or (b) the payment information you provided cannot be verified. If your Order contains multiple Merchandises and one or more Merchandises are unavailable, Global-e will cancel that particular Merchandise(s) from your Order, provide a refund for any payment made for such Merchandise and notify you of such cancelation and refund. .
If a suspicion arises that someone's identity, address, email address and/or payment information has been used fraudulently or in an unauthorized manner, you may be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order.
Moreover, an Order may be cancelled (in full or in part) even after the Order Confirmation was dispatched, if a suspicion arises that there could be, or actually were such circumstances (on our part or any third party’s part) giving rise to a good faith, genuine or honest error, mistake or misunderstanding pursuant to which we would neither have sent the Order Confirmation nor have agreed to sell the Merchandise. An example could be a specious low price for a Merchandise otherwise costing significantly more. In the event of such genuine error, you shall receive a properly detailed notice of cancellation, following which your Order will be automatically cancelled, and you will be refunded the amounts you actually paid.
Nothing in these Terms affects consumers’ legal rights in relation to Merchandise that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.
Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. The price of the Merchandise will be the price (according to the applicable exchange rate) at the time you actually place your Order via the Checkout, as displayed on the Checkout.
TITLE; RISK; IMPORTER OF RECORD
The title to the Merchandise ordered is transferred to you the moment the Merchandise is dispatched to you in the dispatch country before export (where the contract for the sale of Merchandise is concluded), provided you have made full payment of the Order amount (including Merchandise price, Delivery Cost, if any, and any other charges payable under these Terms, if any).
Risk of damage or loss transferred to you on delivery or to somebody identified by you to carry or take possession of the Merchandise on your behalf.
You will be considered the ‘importer of record’ of the Merchandise, and Global-e (or someone on its behalf) will only be facilitating the importation on your behalf as your agent. You are responsible for assuring that the Merchandise can be lawfully imported to the destination, and you therefore need to comply with all applicable laws, regulations, certifications and rules of the destination into which you import the Merchandise. Please note the standard for using the Merchandise in the destination BEFORE ordering. Merchandise ordered to a destination with different standards cannot be returned for this reason and no liability will be assumed in any circumstances which may arise for purchasing Merchandise without the correct standards for your destination.
Please note that documentation such as user manuals, product care and handling instructions and safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Merchandise or parts thereof; the Merchandise (and accompanying materials) may not be designed in accordance with the standards of the destination to which you order, product regulations, specifications or labelled in accordance with the requirements applicable in the destination or in your or the destination language.
You agree that you will not re-export or commercially re-sell any Merchandise purchased by you via the Checkout.
FULFILMENT, HANDLING AND DELIVERY OF ORDERS
You acknowledge and agree that Global-e or one of its third-party fulfilment services providers acting on its behalf, including Esprit, (each a "Fulfilment Provider") may handle the delivery and fulfilment of your Order, and that Global-e has sole discretion as to the Fulfilment Provider it chooses to use.
Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination) but the Checkout will not permit you to submit your Order if the Merchandise cannot be delivered to your specified address.
Delivery will be complete when the Merchandise is delivered to the address which you specify in your Order (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).
Different parts of your Order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Websites) are estimates only. Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Global-e is unable to specify an exact delivery date and time.
Neither Global-e nor Esprit have liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where Global-e could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside Global-e’s control, or delays resulting directly from your actions or omissions.
If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver your merchandise according to the details in the Order.
You may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on your geographical location. When being charged, the descriptor you will see shall include Global-e identified as ‘Global-e’ and will substantially look like this: **Global-e// Esprit **. Payments in relation to the Merchandise could be made to an intra-group affiliate as our agent, and such payment will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.
You acknowledge and agree that: (i) you will be charged by Global-e or one of its third party payment processors ("Payment Processor"), through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) Global-e may use the tools, software or services of Payment Processors to process transactions on its behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Global-e charges or fees, and Global-e has no control over this nor does Global-e have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Global-e also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Global-e commitment is to acquire the amount set at Checkout in your local currency.
Depending on your geography, payment may be made to one of our intra-group affiliated companies. This payment will constitute a payment to us and will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.
Global-e will process your payment for the Merchandise. Global-e will take reasonable care to keep the details of your Order and payment secure, but (in the absence of material negligence) neither Global-e nor Esprit shall be liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
For certain delivery destinations and/or Merchandise, you may be offered the option to pre-pay applicable Import Charges, which will then be calculated and added or included in the final price when you place the Order. In certain cases, the price of the Merchandise may already be inclusive of Import Charges.
In the event that the option to pre-pay applicable Import Charges is available for you and you choose to pre-pay such Import Charges, or if the Import Charges were already included in the price of the Merchandise, your final price will be fully guaranteed, and the actual Import Charges will be paid on your behalf to the applicable authorities, as determined by your delivery destination upon import of your Order.
Global-e may contract with a local licensed customs broker in the destination. Agreement to these Terms serve as an authorization for the applicable customs broker to act as your agent to: (a) conduct transactions with the local applicable authority, (b) complete, submit and execute related documents on your behalf in connection with the import of Merchandise in your Order, (c) facilitate the payment of applicable Import Charges; and (d) if applicable, return such Merchandise to Global-e or directly to Esprit (subject to these Terms).
You acknowledge that, in the case of a return of Merchandise, regardless of whether Import Charge was pre-paid or not, you (and not Global-e or anyone on its behalf) will be fully responsible for claiming back any Import Charges from the applicable tax authority, to the extent possible, and Global-e shall have no responsibility or liability in connection with such claim.
You may decide not to pre-pay the Import Charges at Checkout, or the option to pre-pay Import Charges may not be available for your delivery destination or the Merchandise. In such cases (i.e. where pre-payment doesn’t apply): (a) you are advised that the amount of Import Charges displayed under the pre-pay option on the Checkout may not reflect the actual Import Charges payable by you as determined by your delivery destination’s relevant authority, which may be more or less than such estimate; and (b) you will be fully responsible for paying all applicable Import Charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or return of Merchandise, to the extent permitted in the these Terms) as determined by the authorities of the delivery destination, and Global-e shall have no responsibility or liability in connection with the foregoing. Moreover, if you fail to pay Import Charges without reasonable reason causing the liability to fall on us or the carrier, the liability amount of Import Charges may be deducted from any refund or other amounts you may claim.
If you elected not to pre-pay Import Charges, or failed to pay Import Charges, or refused to accept Merchandise not in accordance with a due cancellation procedure under these Terms, in each case resulting in the Merchandise being returned or need to be returned, then you may be liable for the return delivery costs and may not be reimbursed or refunded for initial Delivery Costs, regardless the Merchandise has any defect or not. Global-e may also charge you with additional direct or indirect charges resulting from said failure or refusal. Global-e may, if that is in accordance with these Terms, reimburse and refund you for the cost of the Merchandise, but not the Import Charges which may or may not be reimbursable by the relevant authority.
RETURNS POLICY (ALL CUSTOMERS, EXCLUDING FAULTY AND PERSONALIZED MERCHANDISE)
This returns policy applies to all customers. This policy does not apply to faulty Merchandise (in which case, the policy under paragraph headed “LIMITED WARRANTY; RETURNS POLICY FOR FAULTY MERCHANDISE” applies) or personalized Merchandise and such other Merchandise listed below. This returns policy is in addition to, and does not affect, the separate legal right of cancellation or return which is available under applicable specifically prevailing consumer law.
You have the right to cancel your Order or return the Merchandise without any reason, provided that such request must be made within thirty (30) days from the date customers receive the Merchandise (unless a longer period being otherwise prescribed by applicable specifically prevailing consumer law, in which case such longer period shall apply).
If you wish to return Merchandise pursuant to these Terms, the following instructions apply:
- You must first inform of your decision to return your Order by a clear statement made through the returns portal available here, by following the instructions and providing the requested information therein, including providing proof of purchase (your Order identification number and the email address used for the purchase of the Merchandise), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on the Website, or on the Online Support link (if available) in the Order Confirmation, then you must inform of your intent to return your Order through Esprit’s customer support, which will guide you through the process.
- A return merchandise authorization ("RMA") number will be provided to you (through the portal (if applicable) and via e-mail) and, if applicable, a return shipment label will be generated.
- Promptly thereafter you will send back the Merchandise or hand it over as per the instructions provided to you in the return portal. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract. The RMA number must be included in the return package.
- The Merchandise must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents.
- All returns could be subject to strict quality control to ensure that the returned Merchandise satisfies these requirements. If the Merchandise does not meet such standards, the return could be refused, and the Merchandise will be returned to you (at your own cost) or you will be liable for the Merchandise devaluation.
- Upon receipt of the returned Merchandise and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned Merchandise and such other fees, if applicable, pursuant to these Terms.
If you have paid Import Charges in connection with your Order (either pre-paid at Checkout or paid upon receipt of the Order directly to the applicable authority), you acknowledge that (a) you must seek reimbursement directly from the applicable authority in your destination, (b) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your destination, and c) Global-e cannot guarantee that such claim will be successful. If you have pre-paid Import Charges, upon your written request Global-e may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges, and for such purpose you hereby give Global-e a power of attorney to act in your name to try and obtain such reimbursement (however this power of attorney is not a guarantee that such reimbursement will be successful).
Any initial Delivery Costs paid by you in connection with the Order and any delivery costs and clearance costs incurred by you when returning Merchandise may not be eligible for reimbursement or refund other than in the event of defective Merchandise, where you will be reimbursed for the Delivery Costs, delivery costs and clearance costs (if any) for returning Merchandise.
From time to time, in select destinations, the delivery costs of returning the Merchandise may be covered on your behalf (“pre-paid”). Such coverage (or the absence of it), will be indicated clearly on the Website before Checkout.
For consumers who are covered by local consumer protection laws or regulations in their country of residence which are explicitly applicable to this transaction and prevailing the governing law hereof, the benefits conveyed by these Terms are in addition to all rights and remedies conveyed by such specifically prevailing consumer protection laws and regulations.
Title and risk to the returned Merchandise will not be taken back or assumed until the returned Merchandise physically arrives back to the returns facility, and therefore you are advised to use a courier service offering a tracking number, and to take out adequate insurance to cover the cost of the Merchandise in transit.
LIMITATION ON RETURNS POLICY AND CANCELLATION RIGHTS:
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THERE IS NO RIGHT TO CANCEL OR TO RETURN MERCHANDISE WHICH WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED. THERE ARE OTHER TYPES OF MERCHANDISE THAT ARE NOT ELIGIBLE FOR CANCELLATION OR RETURN SUCH AS FRAGRANCES, SEALED GOODS (SUCH AS DVDS OR AUDIO DEVICES OR GOODS LIABLE TO DETERIORATE OR EXPIRE RAPIDLY) OR OTHER MERCHANDISE WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY.
Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Merchandise as a gift be entitled to receive a refund. If you are a gift recipient and wish to return the Merchandise, please contact us to discuss your options.
LIMITED WARRANTY; RETURNS POLICY FOR FAULTY MERCHANDISE
If any Merchandise you ordered is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe Merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
For Merchandise shipped internationally, please note that the warranty may not be valid in the destination, or you may have only limited warranty valid in the destination. Consumers in some jurisdictions may have legal rights under applicable laws governing the sale of consumer goods. These rights are not affected by this limited warranty.
There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms limits our (or as the case may be Esprit’s) liability for personal injury or death caused by our negligence or our liability for fraud, or for breach of any term implied by applicable consumer rights legislation and which, by applicable law, may not be limited or excluded. You might have certain rights as a consumer, including legal rights relating to faulty product(s). Nothing in these Terms will affect these legal rights.
Subject to this, in no event will we (or as the case may be Esprit) have any liability for any of your business losses. Any liability, if so exists, shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
Global-e and Esprit will not be responsible for any loss or damages incurred by unauthorized use of your payment card on the Checkout, and Global-e and Esprit are not responsible for notifying your card issuer or any law enforcement authority in these instances.
You must give Global-e and Esprit a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.
It cannot be guaranteed that the Website will be uninterrupted or error-free and Global-e cannot guarantee that the Checkout will be uninterrupted or error-free. Global-e and Esprit are entitled without notice and without liability to suspend the Website or the Checkout for repair, maintenance, improvement or other technical reason.
To the maximum extent permitted by applicable law, Global-e and Esprit shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.
INTELLECTUAL PROPERTY RIGHTS
Any access or use of the Checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Global-e or our licensors.
You may print off one copy and may download extracts of any page from the Checkout for non-commercial, personal use.
GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of Hong Kong, or other applicable laws (such as certain consumer laws in your own country), in case such laws clearly prevail Hong Kong laws.
You agree that any dispute regarding these Terms or any Order will only be dealt with by the courts of Hong Kong.
You hereby agree to the fullest extent permitted by applicable law, that you irrevocably waive all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to these Terms. If you are a resident of the United States, then you hereby agree that notwithstanding anything herein to the contrary, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
Communications will be made electronically by sending email or otherwise posting electronically.
Global-e is committed to render the carry on its business in accordance with its Code of Conduct and Modern Slavery Policy (available here: https://investors.global-e.com/corporate-governance/documents-charters).
If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
Headings used in these Terms are for information and not binding.
Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. These Terms may be transferred to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.
Global-e and Esprit reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Global-e or Esprit reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Global-e, Esprit or the public.
Global-e reserves the right to modify these Terms at any time by posting the changes on the Checkout or the Website. Such changes will take effect on the tenth (10th) day following the posting of the revised Terms, and your use of the Checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.
These Terms constitute the entire agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Global-e or our intra-group affiliate acting on behalf of Global-e and may be officially concluded in the English language only, and that no public filing requirements apply.
If you have any questions or complaints about Global-e, these Terms or the Checkout, please contact us at service@Global-e.com or at our registered address 3806 Central Plaza, 18 Harbour Road, Wanchai, Hong Kong.
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