Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Updated on April 1st 2024
The company TARIAN FRANCE manufactures and markets directly or indirectly its articles (clothing and accessories) under the brand name and commercial name TARIAN worldwide.
TARIAN FRANCE is a simplified joint-stock company with a capital of 7,500 euros, registered in the Paris Trade Register under number Paris B 528 420 201, with its registered office at 50 Rue des Tournelles (75003), email: bonjour@tarian.paris, intracommunity VAT number: FR FR91528420201 (hereinafter referred to as TARIAN or the TARIAN company).
Article 1: scope of application
The present "General Terms and Conditions of Sale »(hereinafter to as the GTCS) apply to distance selling of TARIAN articles and are reserved for consumers acting exclusively for their personal use (hereinafter the customer), being specified that French law applies to any order placed via the TARIAN website available at tarian.paris (hereinafter the site), regardless of the delivery country chosen by the Customer.
Any order not corresponding to a retail sale and, more generally, any fraudulent order may be refused by TARIAN. TARIAN therefore reserves the right to limit the quantities of an article delivered to the same consumer or the same postal address.
The purpose of these GTCS is, firstly, to inform any potential customer about the terms and conditions of the sale of TARIAN articles to the customer and to define the rights and obligations of the parties.
Concerning the telephone sales, the customer is invited to consult and download the GTCS available on the site before confirming his order. Concerning the sale on the site, the customer by checking a box provided for this purpose, acknowledges having read the GTCS before placing the order and have accepted without reservations. The GTCS can be kept by any person visiting the Site, by means of a download and can be printed.
TARIAN reserves the right to modify the GTCS at any time. Nevertheless, the GTCS applicable to the order are those accepted by the customer at the time of placing the Order.
The GTCS are supplemented by the rules of the use of cookies and the privacy policy available on the site
Article 2: information on articles
Information on TARIAN articles are available, with their references, in all TARIAN stores, as well as on the site. The customer may select one or more items among the different categories offered on the site within the limits of available stock. TARIAN may modify at any time the items offered for sale on the site, without prejudice to orders placed by the customer. For any question or request for advice, the customer may contact the TARIAN team of advisors by writing to the following address: bonjour@tarian.paris.
Despite the care taken in the presentation of the articles on the site, Tarian cannot guarantee that their real appearance corresponds exactly to their appearance on the screen, in particular with regard
to the variations of the colours. The company TARIAN can not be held responsible for non substantial errors that may occur.
TARIAN reserves the right to remove items from the sale at any time. In case of unavailability of one of the items, the customer will be informed at the earliest by the customer service and, the customer will be refunded by a credit on its credit card or on its PayPal account and will be able to place a new order.
Product visuals appearing on the Website (Products and/or Packaging) are for illustrative purposes only and may be altered according to the quality of the equipment used by the customer to access the Website or the visuals. In this case, TARIAN and Global-e may not be held responsible. It is stipulated that the customer may always exercise his/her right of withdrawal in accordance with these Terms of Sale.
Article 3: orders
Any order implies acceptance of the GTCS and the Privacy Policy unless specific contractual conditions are concluded between the parties.
3.1 phone orders
Orders will be received, in French or in English, by the sales advisors of TARIAN boutique at+ 33 1 44 78 00 09 (price of a local call), from Metropolitan France from Monday to Friday, from 11 am to 7 pm, except public holidays.
The customer is invited to acknowledge the prices of the articles on the site and the GTCS also available and downloadable on the site, before confirming its order by phone.
The order is payable by credit card. The customer communicates, by telephone the number and the expiry date appearing on the front of his credit card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his credit card. The order is delivered at the home address as specified by the customer.
3.2 orders on the site
Orders may be placed on the site. The customer shall bear the costs of telecommunications when accessing the Internet and using the site. All steps necessary for the sale are specified on the site. The customer, before validating his order definitively, acknowledges the GTCS, checks the details and the total price of his order, corrects possible errors, before confirming his final agreement on the payment of the order.
The customer's attention is drawn to the fact that the validation of an order entails the obligation to pay the agreed price and that once an order is confirmed, the customer shall not cancel its order, subject to exercise its right of withdrawal (see article 7 below). To validate an order definitively, the customer clicks on the "Pay now" button.
From the moment the customer has validated the order, TARIAN will acknowledge receipt thereof without delay and electronically. The company TARIAN recommends its customers to keep these emails on paper or computer. In case of non-receipt of these emails, it is recommended to the client to check if they have not arrived in the box of junk mail. The customer is informed that the emails are sent to the e-mail address he has entered. Consequently, if there is an error in entering the e-mail address concerned, or if the message confirming the dispatch or provision of the order is not received, TARIAN's liability can not be engaged (unless the receipt of the confirmation message results from a fault of TARIAN). In this case the sale will be considered final. Nevertheless, the customer may exercise his right of withdrawal under the conditions set out in article 7 of the GTCS.
Once payment has been confirmed and duly completed, the customer will receive an email acknowledging that the order has been duly received. This order acknowledgement does not mean that his/her order has been accepted. the acceptance of customer order will be confirmed by sending to the customer an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). If TARIAN and/or Global-e suspect someone’s identity, address, email address and/or payment information is being used fraudulently or in an unauthorized manned, additional verification or information may be required before accepting any order. The Contract with customer for the purchase of Products will only be formed when the Order Confirmation is duly sent to customer.
3.3 order of articles without creation of account on the site
If the customer does not request the backup of the data necessary to execute the order, he does not create an account on the site. An invoice in electronic format will be sent via email at the date of the expedition of the order.
3.4 refusal, suspension or cancellation of orders
TARIAN reserves the right to refuse or cancel any order whose number of items or the amount to be paid (for one or more orders cumulated) would not correspond to the usual average use of a household and any order that would imply that an economic activity is carried out by the customer in connection with the items ordered or more generally, any abnormal order. Finally, TARIAN reserves the right to suspend or cancel any execution of an order and / or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the customer, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the TARIAN site, including on the occasion of previous orders.
Appropriate efforts to process and fulfil any order as quickly as possible. However, the order may be declined, upon notice to customer if: (a) the Product is unavailable (in which case, if the payment was processed, Global-e will refund to customer in accordance with this terms; (b) Global-e is unable to verify the payment information provided by the customer, (c) the order from a customer with whom it is in dispute over a previous order, or (d) if TARIAN reasonably believes that the customer has breached these Terms of Sale or has engaged in a fraudulent activity, or for any other legitimate reason.
Additionally your Order may also be declined if it is suspected to be placed with a malicious intent, fraudulently, or if it is an order which has not been placed by individuals. Neither TARIAN nor Global-e are required to provide a reason for declining to accept any order, though it may be provided. Moreover, an order may be cancelled (in full or in part) even after the Order Confirmation was dispatched, if TARIAN or Global-e acting on its behalf suspect 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 Global-e acting on behalf of TARAIN would neither have sent the Order Confirmation nor agreed to sell the Products. An example could be a specious low price for a product otherwise costing significantly more. In the event of such genuine error, customer shall receive a properly detailed notice of cancellation, following which customer’s order will be automatically cancelled, and customer will be refunded the amounts customer actually paid. 3.5 – articles offered with an order
In the case of article(s) offered with an order, the specific conditions of these offers are specified on a case-by-case basis on the website or by the salesperson in the store. In addition to these specific conditions, the following conditions are also applicable:
The article offered with an order, as identified in the specific conditions, cannot be replaced by any other article, nor by money or credit,
The free article is delivered with the articles ordered online or delivered in store,
The free article is automatically added to the shopping cart on the site and shipped to the same address as the order,
The offer is not cumulative with other offers, unless otherwise specified, and may be reserved at the discretion of the company TARIAN to only orders in store or only to online orders or only to orders placed with its retailers.
The article is offered within the limit of available stocks
If one or more articles purchased are returned and that the amount of the order would therefore be lower than the minimum purchase amount provided for by the specific conditions to obtain the offered article, the client will be required to return the offered article. These provisions apply in the same way in case of withdrawal.
The conditions of return provided in Article 7 will be applied to the return of the offered article.
Article 4: price of articles
The prices of Products are stated in Local Currency where the order is placed and include any applicable sales taxes, plus any eventual international delivery costs and fees (“Delivery Costs”) and, if applicable and available for pre-payment, any eventual import duties, tariffs and similar fees that may be imposed by the delivery destination (“Import Charges”). Without advanced notice and from time to time, 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.
For certain delivery destinations and/or Products, the customer 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 he/she place the order. In certain cases, the price of the Product may already be inclusive of Import Charges.
The customer may decide not pre-pay the Import Charges at Checkout, or the option to pre-pay Import Charges may not be available for its delivery destination or the Product. In such cases (i.e. where pre-pay does not apply): (i) the customer is advised that the amount of Import Chares displayed under the pre-pay option on the checkout may not reflect the actual Import Charges payable by him/her as determined by his/her delivery destination’s relevant authority, which may be more or less than such estimate: and (ii) the customer 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 a return of Products, to the extent permitted in these Terms) as determined by the authorities of the delivery destination, and neither Global-e nor TARIAN shall have any responsibility or liability in connection with the foregoing. Moreover, if customer fail to pay Import Charges without reasonable reason causing the liability to fall on TARIAN, Global-e or the carrier, the liability amount of Import Charges may be deducted from any refund or other amounts customer may claim, to the extent permitted under applicable law.
Article 5: terms of payment
The customer may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on his/her geographical location. The customer agrees to pay in full the prices and in advance for any purchases he/she make either by credit or debit card concurrent with his/her online order or by other payment means acceptable.
The customer acknowledge and agree that (i) he/she will be charged by Global-e or one of its third party payment processors (“Payment Processor”), through the payment method he/she have selected for his/her order and such other amounts payable under these Terms that may be due in connection with the order; (ii) he/she will provide valid and current information about himself/herself (iii) TARIAN and Global-e on its behalf may use the tools, software or services of Payment Processors to process transactions on their behalf; and (iv) he/she may be charged with additional fees (such as foreign transaction free or cross border fee) or charges imposed by his/her bank or credit/debit card issuer, and as these are not our charges or fees, TARIAN or Global-e have no control over such charges or fees nor do TARIAN or Global-e have any way to mitigate such charges or fees, as this is purely up to the relationship and commercial terms between the customer and customer bank or credit/debit card issuer, and TARIAN or Global-e also have no way of knowing in advance whether customer will be charged such charges or fees, as each bank and credit/debit issuer has its own policy, and TARIAN and Global-e commitment is to acquire the amount set at checkout in the customer local currency.
Depending on customer location, payment may be routed through Global-e’s affiliate (i.e. Global-e Australia Pty Ltd or Global-e NL B.V.).
If the payment method selected by the customer at checkout supports an authorization mechanism (e.g., most credit/debit cards), when the order is placed, only the applicable amount will be authorized. The customer will be charged only after the Product has been dispatched to him/her, unless the order is a “pre-order” or a similar type of order, in which case the charge could be made even before the Product has been dispatched, depending on the particulars of the pre-ordered Product. If the payment method that customer selected does not support an 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). The customer 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 the purchase may be taken immediately following the placement of customer order. Pre-payment shall not affect customer legal rights under these Terms (including for example any right of refund).
Payment Invoice with Klarna: in certain jurisdictions only, you may be offered the opportunity to purchase goods using the solution “Klarna” as a payment method. The terms and conditions which will apply to payment by invoice with Klarna can be found here, nothing that German (not English) is the governing and binding language of such terms and conditions. Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and Global-e and TARIAN accept no liability in respect of your use of Klarna as a payment method. Where you choose to purchase the Product using payment by invoice with Klarna you will be sharing your personal data with Klarna end the terms of Klarna’s privacy policy shall apply to their use of your personal information.
Global-e on behalf of TARIAN will process customer’s payment for the Product. Global-e will take reasonable care to keep the details of customer’s order and payment secure however (in the absence of material negligence) TARIAN and Global-e cannot be held liable for any loss customer may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Article 6 - delivery and receipt
All information regarding delivery terms is available from the Cart Validation Page.
6.1 delivery period
Delivery Period is communicated to the customer when placing its order. The delivery of the ordered items will take place within the time limits communicated by the company TARIAN, within a maximum period of 30 days from the date of the order (subject to full payment of the price).
The delivery period starts as of the receipt of the confirmation of the order by email. The delivery period takes into account the hour of the order and the opening days of the destination country.
The delivery period might, during the bank holidays or during the sales season, be extended because of a solid activity of TARIAN at this period of the year. However, these delays might not exceed 30 days after the placing of the order.
6.2 delivery address
The items ordered by the customer in accordance with the GCTS are delivered to the address indicated by the customer as delivery address on the order concerned ("Delivery address") by Colissimo for standard deliveries in France; by Chronopost for express pay deliveries in France and by UPS for international deliveries.
If delivery proves impossible given the absence of the addressee at the place of delivery, a notice will be left at the delivery address indicated by the customer and the carrier will make a new delivery attempt the next working day.
6.3 damaged package or damages articles, missing articles
The customer, or the recipient of the order is invited to check the apparent condition of the package and items on delivery (including offered articles, if any).
Warning: In case of anomaly relating to the package or the item(s) (including offered articles, if any) ordered by the customer or his agent must imperatively follow the procedures described below. Failure to comply with the appropriate procedure precludes any recourse against the carrier and the company TARIAN.
The customer is asked to contact the customer service within 7 days as of the receipt of the package by writing to the customer service at the email address: bonjour@tarian.paris, enclosing a picture of the concerned item and follow the same return procedure as the one described and detailed in article 7 below.
Article 7 – right of withdrawal
In application of Article L. 221-18 of the French Consumer Code, the customer has a right of withdrawal, when placing a distance order by phone or on the site. The customer can thus exercise this right, without having to motivate it, within a period of 14 days from the receipt of the product by the customer or his agent. If the return request is processed after this period, it might be rejected by TARIAN.
If the customer has placed an order with multiple products, the withdrawal period does not begin until the customer or the designated third party has received the last product.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised for orders relating to:
- the supply of goods made to the client's specifications or clearly personalized;
- the supply of goods that have been unsealed after delivery and can not be returned for reasons of hygiene or health protection.
To notify the withdrawal decision, the customer may use the withdrawal form at the bottom of the GTCS or any other unambiguous declaration. This request must be sent to customer service by email at the following email address: bonjour@tarian.paris or at the postal address 50 Rue des Tournelles 75003 Paris.
In the case where the customer has received with his order an offered article, he must return this offered article with his order in case of withdrawal.
In order to assure the return and reimbursement within a short period, the client or his agent shall imperatively follow the proceedings as described below. In case of non-compliance with this procedure, the return might be refused and the order sent back to the customer.
Make a return request:
Tarian has a 14-day return policy: any unwanted items must be shipped to us within 14 days of receipt by using the return label provided in your original shipment. We invite you to carefully read our return procedure as failure to comply could result in your order being returned to you without refund.
To make a return request, the client must locate the order they wish to return in their customer account and click on the “Return order” link, or directly visit the returns page and follow the indications. Once the client has requested their return, they will receive an email confirming the approval of their return request.
Orders placed on our website www.tarian.paris may be returned or exchanged within 14 days of receipt at our boutique on 50 Rue des Tournelles 75003 Paris, France on the presentation of their order confirmation.
Return the item(s):
- Place the item(s) in the TARIAN box or envelope, then in the original shipping box, or any other solid carton box.
- Close the box and tape it securely.
Make sure that your shipping box does not contain any other shipping or tracking labels on it.
- Use the return label provided in your initial parcel and place it on the outside of the box. Prepaid return label missing? Please contact our Customer Service.
Your country is outside of the EU :
- Insert the 3 copies of the return proforma invoice provided in your original package into a plastic sleeve and stick it on the outside of the parcel.
- Attach it to the outside of your shipping box.
It is necessary to indicate on each invoice the returned quantity, the total price, cross the items you are not returning and sign them.
Refunds
The refund will be credited to the credit card of the buyer who holds the card or to the customer’s PayPal account.
The refund will be made within 14 days of receipt of the returned item. No refund will be made if the item is not returned in perfect condition.
No refund will be made if the client does not follow the return procedure. If shipping costs have been paid during shipment, they will be refunded. Important information
Items must be returned in perfect condition, exactly as they were sent, with the slip and seal still attached. All shoes must be tried on a padded surface until the customer decides to keep them. If an item received is classified as faulty and was received damaged, you must contact us within 7 days of receipt with photographs and a detailed description of the damage.
The above policy also applies during sales.
Article 8 – legal guarantees
All TARIAN articles are eligible to the guarantee of conformity and the guarantee of hidden defects. These are legal guarantees provided by French Law, which apply independently of any commercial guarantee possibly granted by the company TARIAN and subject to the exercise of the right of withdrawal as provided for in article 7.
8.1. guarantee of conformity
Article L217-4 of the Consumer Code provides that: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility."
Article L211-5 of the French Consumer Code provides that: “the good is in accordance with the contract:
(1) If it is fit for the usually expected use of a similar good and, when applicable
- If it corresponds to the description given by the seller and possesses the qualities that he has presented to the customer in the form of a sample or model;
- If it presents the qualities that a buyer can legitimately expect for this type of product
(2) Or has the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.”
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods as provided for in Article L211-7 of the French consumer code.
The customer can choose between the repair or the replacement of the article, subject to the conditions of cost envisaged by the article L. 217-9 of the French consumer code.
It is possible that stocks do not allow the item by the same article. It will be consequently and, in any case, proceed to the refund of the non-compliant article and its replacement by an article of equivalent price, if the customer wishes it by placing a new order.
8.2 warranty against hidden defects
Article 1641 of the Civil Code provides that: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have acquired it, or would have given a lower price, had he known them. "
Article 1648 of the Civil Code stipulates that: "The action resulting from the hidden defects must be brought by the purchaser within two years from the discovery of the defect."
In compliance with the warranty for hidden defects and article 1644 of the French civil code, the company TARIAN, according to the choice of the customer, undertakes, after evaluation of the hidden defect:
- Either to refund the full price of the returned item,
- Or to refund part of the price of the item if the customer decides to keep the article.
8.3 return of items
In the event of a hidden defect or non-compliant product, the customer is invited to contact customer service at the following address bonjour@tarian.paris and follow the same return procedure as described in Article 7 above.
8.4 exclusion of guarantees
The articles modified or repaired by the customer are excluded from warranty. In the same way the guarantee will not play for apparent defects in application of article 1642 of the French Civil
Code. Finally, the warranty will not support items damaged during shipment or due to misuse.
Article 9: claims - information
For any information, complaints or questions concerning the GTCS or the articles themselves, the customer must contact the customer service of the company TARIAN by email at the address bonjour@tarian.paris by recalling their order number if applicable.
Article 10: personal data and rules of use of the cookies
TARIAN undertakes to protect and ensure the security and confidentiality of its customers' personal data in accordance with the GENERAL RULES FOR THE PROTECTION OF PERSONAL DATA (RGPD), in particular by taking all necessary precautions to prevent this data from being distorted, damaged or unauthorized third parties having access to it.
The customer is invited to acknowledge and download the privacy policy and the rules of use of the cookies available and downloaded on the site.
Article 11 - reservation of ownership
The TARIAN company retains the full ownership of the items sold until the full collection of the full price, in principal, costs, taxes included, and additional delivery and other costs incurred at the express customer’s demand.
Article 12: intellectual property rights
The "TARIAN" mark, as well as all the figurative marks or not and more generally all the other brands, illustrations, images and logos appearing on the TARIAN articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of TARIAN.
Any total or partial reproduction, modification or use of these marks, illustrations, images, logotypes, or any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, on any support that this or, without express and prior agreement of the company TARIAN, is strictly prohibited.
It is the same for all copyrights, designs and models, patents that are owned by the company TARIAN.
The use of all or part of the site, including downloading, reproduction, transmission or representation for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.
Any violation of these provisions exposes its author to the sanctions provided by the French Civil Code the French Intellectual Property Code.
In addition, the creation of a hypertext link to the website of the company TARIAN, can only be done with the express and prior agreement of the company TARIAN.
This agreement may be revoked at any time if the conditions of the authorization are no longer met.
The TARIAN company declines all responsibility for the conditions of use and the content, whatever it is, of third party sites from which hypertext links allow access to the TARIAN site.
Article 13 - signature and proof
The company TARIAN works to protect the personal information of its customers by ensuring a high level of security.
The customer also has a role to play in the protection of his personal data. In particular, he must maintain the security of his online transactions by not communicating to anyone his username (e-mail address) and / or his password and by changing his password regularly.
Therefore, the company TARIAN can not be responsible for the disclosure of information about the customer to any individual who has used his identifier (e-mail address of the customer) and / or his password.
The company TARIAN declines any responsibility in case of fraudulent use of this information.
The provision of the credit card number or the payment of the amount due and the final validation of the order will be the proof of the acceptance of said order.
The computerized registers kept in the computer systems of TARIAN and its partners will be considered as proof of communication, orders and payments between the Parties.
Article 14: force majeure
Pursuant to Article 1218 of the French Civil Code, TARIAN will suspend any performance of its contractual obligations in the event of a case of force majeure.
TARIAN will inform the customer within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer will then have the opportunity to cancel the order in progress, and it would then be refunded.
Article 15: disputes - applicable law
If the customer encounters a problem relating to a product, our site or any other service of the company TARIAN related to the site or a product, the customer is invited to contact the customer service at the following address: bonjour@tarian.paris
In the event that the problem is not solved, in accordance with the provisions of the French Consumer Code concerning "the process of mediation of consumer disputes", the customer has the right to free use of a mediation service.
The dispute can only be examined by the consumer ombudsman when:
- The customer justifies having tried, beforehand, to resolve his dispute directly with the seller by a written complaint.
- The client has submitted his request to the mediator within less than one year from his written complaint to the seller.
The request must not be clearly unfounded or abusive. Finally, if the dispute has already been examined or is under consideration by another mediator or by a court, or if it does not fall within its jurisdiction, the mediator will have to reject the client's request. In the event that his request is not admissible, the client is informed by the mediator of the rejection of his request for mediation, within a period of three weeks from the reception of his file.
The customer is also informed that he can use the European platform for the resolution of the disputes on line for international litigations (RLL) available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract). - For the attention of customer service of TARIAN company at the following email address: bonjour@tarian.paris / or 50 Rue des Tournelles 75003 Paris France.
I / We [] hereby notify you [] of my [*] withdrawal of the contract for the sale of the item below: - Well [reference]
- Ordered on
- received on
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in case of notification of this form on paper) - Date
[*] Delete what is not needed.
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