Table of Contents

I. General provisions  from §1 to §4 

II. Electronic services in online store     from §5 to §10

III. Terms of the sales contract from §11 to §14     

IV. Payment methods and dates from §15 to §16

V. Costs, type and date of delivery and receipt of the product from §17 to §20

VI. Product complaint §21

VII. Out-of-court complaint consideration and redress methods §22

VIII. The right to withdraw from the contract from §23 to §28

IX. Provisions regarding entrepreneurs §29

X. Final provisions from §30 to §33 

 

I. General provisions  

§1. 

The Online Store available at the Internet address www.shop.hempevolution.eu is run by Hemp Evolution Sp. z o.o. with its registered office in Łomianki at ul. Mokra 3C, 05-092 Łomianki, entered into the Register of Entrepreneurs of the National Court Register under the number 0000801093.

§2.

1. These Regulations are addressed to consumers and entrepreneurs using the Online Store.

2. The above does not apply to §29 which applies only to enterepreneurs. 

§3.

1. These Regulations introduce the following definitions:

1) WORKING DAY - one day from Monday to Friday, excluding public holidays and national holidays;

2) REGISTRATION FORM - a form available in the Online Store enabling the creation of an Account;

3) ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment;

4) CUSTOMER - (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; who has concluded or intends to conclude a Sales Agreement with the Seller;

5) CIVIL CODE - the Act of 23 April 1964 Civil Code (Journal of Laws of 2019, item 1145, as amended)

6) ACCOUNT - Electronic Service; a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about orders placed by him in the online store are collected.

7) NEWSLETTER - an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store;

8) PRODUCT - a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller;

9) REGULATIONS - these Regulations of the Online Store;

10) ONLINE STORE - the Service Provider's online store available at the following address: www.shop.hempevolution.eu;

11) SELLER; SERVICE PROVIDER - Hemp Evolution Sp. z o.o. with its registered office in Łomianki at ul. Mokra 3C05 - 092 Łomianki entered in the Register of Entrepreneurs of the National Court Register under the number 0000801093;

12) SALES AGREEMENT - a Product sales agreement at any potential stage of conclusion between the Customer and the Seller via the Online Store;

13) SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or 3) an organizational unit without legal personality, which the law confers legal capacity; using or intending to use the Electronic Service;

14) CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended)

15) ORDER - Customer's declaration of intent submitted via the Order Form and concluding towards a  Product Sales Agreements with the Seller

16) GDPR – General Data Protection Regulation

§4.

1. The administrator of the personal data of the Customers collected in the online store is the Seller.

2. In the case of purchases and registration on the store's website, the Administrator collects the following personal data of the Customers via the website and other forms of communication: name and surname, company name, exact address of residence / registered office, e-mail address, contact telephone number, tax identification number (applies only purchasing entities concluding contracts as part of their business operations and is used to correctly issue a VAT invoice).

3. The entrusted personal data shall be used solely for the purpose of:

a) performance of the contract

b) with the consent of the Customer to inform about new products, services and promotions offered by the Seller.

4. Personal data will be processed on the basis of Article 6 para. 1 letter a) and b) GDPR.

5. The recipients of personal data will be in connection with the implementation of the contract courier companies or other entities intermediating in the delivery of purchased goods, payment system operators (if this form is chosen by the customer).

6. The Service Recipient's personal data may be transferred to .............................................................  PayPal, DHL, etc relevant transfers required by the General Data Protection Regulation apply;

7. Personal data will be stored for the duration of the Service Provider's account established in the Online Store until it is deleted and for any further period needed to assert or defend against claims.

8. The Client has the right to request from the Administrator:

• access to personal data,

• correcting them,

• remove

• processing restrictions

• transferring them

9. In order to implement the abovementioned rights, please contact the Seller at: info@hempevolution.eu

10. In the scope of data processed on the basis of expressed consents to the processing of personal data, the Service Recipient has the right to object to the processing of personal data due to the special situation of the Service Recipient.

11. The Customer has the right to withdraw consent to the processing of personal data at any time, without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal; the right to withdraw consent may be exercised by a statement submitted to the Administrator by e-mail sent to the address info@hempevolution.eu

12. The Service Recipient has the right to lodge a complaint to the supervisory body (President of the Office for Data Protection) in relation to the processing of personal data

13. Personal data is provided voluntarily, but without providing it is not possible to correctly complete orders.

14. Personal data is not shared with other entities for their marketing purposes

15. The administrator carries out profiling in an automated manner as part of analyzing the location, demographic data, interests in terms of activity on its website for marketing purposes, by better matching the displayed information to a given person. This profiling will not have any legal effects on the natural person or similarly significantly affect his situation.

II. Electronic services in online store     

§5.

The following Electronic Services are available in the Online Store:

a) account,

b) order form

3) newsletter.

§6.

1. Using the Account is possible after completing a total of three consecutive steps by the Customer:

 a) completing the Registration Form,

b) clicking the "Register" field

c) confirmation of account creation by clicking on the confirmation link sent automatically to the e-mail address provided.

2.In the Registration Form, it is necessary for the Customer to provide the following data: e-mail address and password in order to provide the service.

3. The Electronic Account service is provided free of charge for an indefinite period.

4. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@hempevolution.eu or in writing to the following address: Hemp Evolution Sp. z o.o. with headquarters in Łomianki at ul. Mokra 3C, 05-092 Łomianki.

§7.

1. The use of the Registration Form begins when the Customer adds the first Product to the electronic basket in the Online Store.

2. The Order is placed after the Customer completes a total of two subsequent steps:

a) completing the Registration Form 

b) clicking the "Confirm purchase" field on the Online Store website.

3. In the Registration Form, it is necessary for the Customer to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of Product (s), place and method of delivery of the Product (s), method of payment. For customers who are not consumers, it is also necessary to provide the company name and tax identification number.

4. Data indicated in  Point 3are provided for the purpose of performing the contract.

§8.

The Electronic Order Form service is provided free of charge and is terminated when the Order is placed through it or when the Customer ceases to place the Order through it.

§9.

1. The Newsletter is used after providing the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field.

2. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account.

3. Using the Newsletter is possible only after agreeing to the processing of personal data for marketing purposes and after reading and accepting the Privacy Policy.

§10.

1.Newsletter is provided free of charge for an indefinite period. 

2. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: shop@hempevolution.eu

III.  Terms of the sales contract

§11.

Technical requirements necessary to cooperate with the ICT system used by the Service Provider:

a) computer, laptop or other multimedia device with Internet access;

b) access to electronic mail;

c) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher;

d) recommended minimum screen resolution: 1024x768;

e) enabling the option of saving cookies and Javascript in the web browser.

§12.

1. The Service User is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties.

2. The Service User is obliged to enter data consistent with the facts.

§13.

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store.

2. The Product price shown on the Online Store website is given in EUR and GBP includes public law receivables.

3. The Customer is informed about the total price, including taxes, of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - the obligation to pay them -  on the Online Store website when placing the Order.

§14.

1. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing.

2. Confirmation of receipt of the Order and its acceptance for implementation shall occur by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the Order.

3. Consolidation, protection and making available to the Customer the content of the concluded Sales Agreement is made by making these Regulations available on the Online Store website.

4. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

 

IV. Payment methods and dates

§15.

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

a) on delivery,

b) cash payment on personal pickup,

c) by bank transfer to the Seller's bank account number: EUR: PL14114000260000275445001002

d) payment by payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, PayPal

2. The entity providing the service of online transfer and card payments is Blue Media S.A. with its registered office in Sopot at ul. Haffner, entered into the Register of Entrepreneurs kept by the Gdańsk-Północ District Court in Gdańsk, VIII Commercial Department of the National Court Register under the number KRS 0000320590, NIP 585-13-51-185, Regon 191781561, with share capital in the amount of PLN 2,000,000 (in fully paid), supervised by the Polish Financial Supervision Authority and entered in the register of national payment institutions under the number IP17 / 2013.

§16.

1. If the Customer chooses cash payment on personal pickup, bank transfer, electronic payment or payment card payment, the Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement.

2. If the Customer chooses the payment on delivery, the Customer is obliged to make the payment on delivery.

3. If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will refund the bank account assigned to the payment card from which the purchase was made.

 

V. Costs, type and date of delivery and receipt of the product

§17.

1. Product delivery is available in EU and EEA except. 

2. Product delivery to the customer is payable, unless the Sales Agreement provides otherwise.

§18.

1. The Seller provides the Customer with the following methods of delivery or collection of the Product:

a) parcel delivery service with an upfront payment, 

§19.

1. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is given in the description of the given Product or when placing the Order.

2. In the case of Products with different delivery dates, the delivery date is the longest given date, which may not, however, exceed 7 Business Days.

3. The beginning of the delivery period of the Product to the Customer counts as follows:

a) if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

 

VI. Product complaint

§20.

1. The basis and scope of the Seller's liability to the Customer, if the Product sold has a physical or legal defect (warranty) are defined by generally applicable law, in particular in the Civil Code.

2. The Seller is obliged to provide the Customer with a Product without defects.

3. The complaint may be submitted by the Customer:

a) in writing to the following address: Hemp Evolution Sp. z o.o. with headquarters in Łomianki at street Mokra 3C, 05 - 092 Łomianki;

b) in electronic form via e-mail to the following address: shop@hempevolution.eu ..

4. It is recommended that the customer provides in the description of the complaint:

a) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;

b) demanding how to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement;

c) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller.

The above-mentioned requirements are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

5. The Seller shall respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. The Seller's failure to respond within the above deadline means that the Seller considered the complaint justified.

6. The Customer who exercises the warranty rights is obliged to deliver the defective Product at the expense of the Seller to the following address: Hemp Evolution sp.z o.o. with headquarters in Łomianki at ul. Mokra 3C.

 

VII. Out-of-court complaint consideration and redress methods

§21.

1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules for accessing these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection , Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php;

• http://www.uokik.gov.pl/spprawy_ind Individualne.php

• http://www.uokik.gov.pl/wazne_adresy.php.

2. The customer who is a consumer has the following examples of possibilities of using extrajudicial means of dealing with complaints and redress:

a) referring to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to resolve the dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are set out in the regulation of the Minister of Justice of September 25, 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214);

b) refer to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the principles and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of Trade Inspection;

c) obtaining free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at email advise@dlakonsumentow.pl.

3. At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

 

VIII. The right to withdraw from the contract

§22.

1. A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in §29 of the Regulations.

2. To meet the deadline, it is sufficient to send a statement before its expiry.

3. A declaration of withdrawal from the contract may be submitted:

a) in writing to the following address: Hemp Evolution sp.z o.o. with headquarters in Łomianki at street Mokra 3C, 05-092 Łomianki

b) in electronic form via e-mail to the following address: shop@hempevolution.eu

4. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store's website in the 'Withdrawal from the contract' tab. The consumer may use the template form, but it is not mandatory.

§23.

The deadline to withdraw from the contract begins:

a) for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: 1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or 2) involves regular delivery of Products for a limited period of time - from taking possession of the first of the Products;

b) for other contracts - from the date of the contract.

§24.

1. In the event of withdrawal from a distance contract, the contract is considered null and void.

2. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs arising from the method of delivery chosen by the Customer other than the cheapest regular delivery method available in the Online Store).

3. The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not entail any costs for him.

4. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of his return, depending on which event occurs first.

§25.

1. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrawn from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself.

2. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Hemp Evolution sp.z o.o. with headquarters in Łomianki at ul. Mokra 3C.

3. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

§26.

1. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrawn from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself.

2. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Hemp Evolution sp.z o.o. with headquarters in Łomianki at ul. Mokra 3C.

3. The consumer is responsible for reducing the value of the Product being. 

§27.

1. The consumer is not entitled to withdraw from a distance contract in respect of contracts:

a) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract;

b) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract;

c) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

d) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;

e) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

f) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other things;

g) in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control;

h) in which the consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is entitled to the consumer in respect of additional services or Products;

i) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

j) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;

k) concluded through a public auction;

l) for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

m) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.

IX. Provisions regarding entrepreneurs

§28. 

1. This section of the Regulations and the provisions contained herein apply only to Customers and Service Users who are not consumers.

2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

3. In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

4. Upon the release of the Product by the Seller, the carrier shall transfer to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer and for delay in the delivery of the shipment.

5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner accepted for such shipments. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.

6. In accordance with art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.

7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer a relevant statement.

 8. The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, however, not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.

9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.

X. Final provisions

§29.

1. Agreements concluded through the Online Store are concluded in English.

2. Amendments to the Regulations:

a) The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes to the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.

b) In the event of continuous contracts being concluded under these Regulations (e.g. provision of Electronic Services - Account), the amended regulations are binding on the Service Recipient, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.

c) In the event of conclusion of contracts other than continuous contracts pursuant to these Regulations (e.g. Sales Agreement), amendments to the Regulations will not in any way affect the acquired rights of Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular changes to the Regulations will affect already placed or submitted Orders and concluded, implemented or executed Sales Agreements.

§30.

1. Amendments to the Regulations will be published on the website of the online store in the form of information about the changes introduced and the consolidated text of the Regulations.

2. Amendments to the Regulations shall enter into force on a date each time indicated by the Seller, but not less than 14 days from the date of publication of information about the changes and making available the consolidated text of the amended Regulations.

3. Customers who have accounts on the website will be informed by a message sent no later than 14 days before the entry into force of the planned changes to the e-mail address provided by them.

4. For Orders placed before the entry into force of the amended Regulations, the provisions of the Regulations in force at the time of placing the Order shall apply.

5. Each time to make purchases in the online store, it is necessary to read the current version of the Regulations and accept it.

§31.

1. The User may terminate the contract for the provision of electronic services at any time with immediate effect by informing the Seller by e-mail, telephone or in writing.

2. In matters not covered by the Regulations, generally applicable laws in the Republic of Poland shall apply.

§32.

1. The current version of the Online Store Regulations is published on the Seller's website and, at no additional charge, may be delivered at the Customer's request by e-mail to the e-mail address provided in the Customer's account.

2. The provisions of these Regulations are valid from 1st September 2020.

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