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GENERAL CONDITIONS OF SALE Date of last update: 22/10/20


Article 1 - LEGAL NOTICE


This site, accessible at the URL (the "Site"), is published by:, registered under the number whose registered office is located at Casavainilla SASU with a capital of 200 euros, registered with the RCS of Perpignan under the number 890 025 489, whose registered office is located at 4 avenue de la goélette 66420 Le Barcarès, represented by Samson Cédric duly authorized,


(Hereinafter referred to as the "Seller").

The Site is hosted by the company WIX, located at 500 Terry A François Blvd San Francisco CA 4158, (telephone: +1 415 639 9034. The Site's publication director is Samson Cédric. The Seller's Customer Service can be contacted:

● at the following number +261 34 02 92 407 at the following times 8 am-6pm from Monday to Friday.


● by email to




These general conditions of sale (the “General Conditions”) apply exclusively to the sale of products marketed by the Seller on the Site (the “Products”) to any professional customer acting within the framework of his activity and having created a account (the “Customer”). The General Conditions provide in particular the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer can refer to the description of each Product appearing on the Site in order to know the characteristics of the latter. The placing of an order for Products on the Site implies, on the part of the Customer, the prior acceptance without restriction or reservation of the General Conditions, which the Customer declares to have read. The General Conditions are made available to Customers on the Site where they can be consulted directly and can also be communicated to them on request by any means. The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in all documents issued by the Customer, and in particular in his general purchasing conditions. The General Conditions are applicable subject to any contrary stipulation appearing in the order form or to special conditions, if applicable, concluded between the Seller and the Customer concerned.




The price and the essential characteristics of each Product are described in a technical sheet appearing on the Site and published, as the case may be, by the Seller or its suppliers. This technical sheet may contain descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified / updated on the Site by the Seller. The Products offered comply with French legislation and European CE standards in force at the time of placing the order. Product and price offers are valid as long as they are visible on the Site, within the limit of stocks available from the Seller and its suppliers, except in the case of special operations whose period of validity is specified on the Site. The fact that the Seller presents Products on the Site does not constitute a marketing obligation, and this in particular in the event of out of stock, unavailability of the Products or the impossibility of marketing said Products, whether whatever the reason. Information on the availability of Products is communicated to the Customer when placing an order for information only (subject to any stock error, simultaneous order or product deterioration). In the event that one or more Product (s) will be unavailable following the placing of an order, the Seller will inform the Customer in writing of the waiting period for receipt of the product temporarily. unavailable. In this case: - the Seller may, with the Customer's agreement, offer at the same price a product of the same type as that initially ordered; - the Customer will have the choice to wait for the availability of the missing Product (s) in order to receive the whole of his order in a single shipment; - the Customer may completely cancel the order; or - the Customer may cancel the order for unavailable Products and thus receive the other Products appearing in the order.



Any Customer wishing to fully benefit from the Site and proceed with the purchase of Products must: - have full capacity and act for strictly professional purposes; - create their personal space on the Site by filling in the different fields of the account creation form (name, RCS number, name / first name of the referent, email address, telephone number, etc.); - confirm their acceptance of the General Conditions; - confirm their registration. Access to the Site is possible from a computer, smartphone or tablet by connecting to the Site. Use of the Site requires a high-speed internet connection and mobile internet, if applicable. Customers are responsible for setting up the IT and telecommunications resources to access the Site. The Services are only accessible from one connection at a time. When creating an account with electronic mail, the Customer is invited to choose a password, which guarantees the confidentiality of the information that will be contained in his account. For the purpose of validating the registration, the Seller sends the Customer a confirmation email to the email address provided by the latter. The Customer then activates his account by clicking on the hypertext link provided for this purpose in the confirmation email. Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his registration, undertakes to notify him of any subsequent modification and guarantees that said information does not infringe the rights of third parties. The Customer can modify this information, username and password from his account on the Site. The Customer agrees not to disclose or transfer his account, usernames and passwords and is solely responsible for their use until their deactivation. He must immediately inform the Seller of any loss or unauthorized use of his account. The Seller reserves the right to delete the account of any Customer who has provided incorrect information.


Article 4 - ORDERS


Any Customer wishing to purchase Products online on the Site must:

- connect to the site;

- select the Products he wishes to subscribe to in his basket of Products;

- fill in the different fields of the Customer order form;

- confirm their acceptance of the General Conditions;

- confirm their acceptance of the order for the Products;

- choose your method of payment;

- make payment for the Products.


Unless expressly provided on the Site, the Customer may not modify his order after having validated it, which will be firm and final. Upon receipt of payment for the Products included in the order, the Seller will send the Customer an order confirmation email to the email address provided by the latter. The order confirmation email summarizes the essential characteristics of the Product (s) ordered, the total price, and any other relevant element. This email will also indicate a tracking number for the Customer's order. By placing an order on the Site, the Customer expressly accepts that the Seller sends him an invoice electronically. However, he may obtain a paper invoice by sending his request to Customer Service. To fight against fraud, the Seller or its payment or delivery providers may be required to request additional supporting documents from the Customer or to establish contact with the latter, at the time of acceptance and / or dispatch of the order. In the event of an unjustified refusal by the Customer to deliver the information and / or supporting documents requested, the Seller reserves the right not to accept or cancel the order without this being the subject of any dispute. The Seller also reserves the right not to accept or cancel the order of any Customer who has provided incorrect information, who does not proceed to payment for the Products, with whom there is a dispute relating to the payment of a previous order or which would present an abnormally high order level.




The Products are marketed at the Seller's price in force appearing on the Site on the day of the order, expressed in euros excluding taxes and costs. The prices are firm and not revisable during their period of validity, the parties expressly waiving the right to avail themselves of the provisions of article 1195 of the Civil Code. Any costs of transport, delivery, order processing (postage, packaging, preparation of the package, optional services subscribed by the Customer) and other costs, interest and commissions are indicated in the summary of the order and are established according to the place and mode of delivery selected by the Customer, as well as the type of Product and / or the quantity of Products ordered by the Customer. Any specific request from the Customer subsequent to the order and generating costs (packaging, transport, etc.) will be subject to additional invoicing to the Customer. When the Products are not received by the Customer and must be returned, additional processing, shipping, transport and delivery costs may be invoiced to the Customer under identical conditions to those provided for when ordering. The Seller reserves the right to modify its prices at any time for all Products which are ordered after this modification. When the sale of the Products is carried out successively, billable on a regular basis and may be the subject of a tacit renewal, any change in the price of the Products takes effect during the next contractual period. In the absence of termination by the Customer before this takes effect, the new pricing will apply to the new contractual period. Any price reductions, rebates and discounts may apply to the Products under the conditions provided for on the Seller's Site or in any other document communicated to the Customer. In the event of a promotional rate, the Seller undertakes to apply this rate to any order placed during the period of the promotion. Any modification of the prices resulting from an increase in the value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.



All other payment conditions can therefore be stipulated within the legal and regulatory limits; full or partial payment, in cash or in the future, may in particular be dissociated from the delivery of the goods, and for example be required upon ordering by the Customer or upon receipt of the Seller's invoice by the latter} 6.1 - INVOICING In the event of specific services:


[If cash payment on Order] The Products are invoiced and the price is due in full and payable in cash on the day of the order.

[If cash payment on delivery] The Products are invoiced and the price is due in full and payable in cash on the day of delivery.

[If a deposit is due on the order] A deposit of [Percentage]% of the total price of the Products is invoiced by the Seller and payable to the Customer on the day of the order, the balance being invoiced and payable on delivery of the Products.

[In the event of a price payable within a period following delivery] The Products are invoiced and the price is due in full and payable in a single payment within 30 DAYS following delivery of the Products. In the event of successive services: [If cash payment when ordering] The Products are invoiced and the price is due in full and payable in cash on the day of signing the order form for the coming contractual period. In the event of early payment by the Customer, no discount will be applied. In no case may payments be suspended or be the subject of any compensation without prior written agreement between the Seller and the Customer. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a default of payment and will entail all the consequences of a late payment. It is expressly agreed that the Customer is validly notified to pay by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any one of the due dates, the Seller reserves the right in particular, without any compensation being due to the Customer, to: - demand immediate payment of all sums due under Products, these becoming immediately payable regardless of their initially scheduled deadline; - refuse any new order or require, for any new order, cash payment or a guarantee for the proper performance of commitments; - charge any partial payment first to the non-privileged part of the receivable and then to the sums whose due date is the oldest; - reduce, suspend or cancel orders for Products in progress, 9 days after formal notice remained ineffective, made by the Seller to the Customer; - apply, without prior notice, to all sums due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code; and / or - demand the payment of a lump sum indemnity of 40 € for recovery costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums remaining due to it on the Sales of Products, without prejudice to compensation for any damage actually suffered. The Seller will have the option to proceed to a settlement by set-off, as of right, and without formalities, of all the sums that he may owe, with the debts of the Customer towards him, whether or not the conditions of legal compensation are constituted. 6.2 - PAYMENT METHODS The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price for the Products under the aforementioned conditions. The Site uses the online payment solution, credit card, paypal, bank transfer. Orders can be paid using one of the following payment methods: ● Payment by credit card. Payment is made directly on the secure banking servers of the Seller's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment via these bank cards is made in cash, without discount ● Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Seller. The Customer can use this account and pay for his order in complete security without providing his bank details. ● Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, the Seller will communicate the details of the account to which to make the transfer, as well as the order reference to be indicated in the transfer order.




7.1 Delivery The delivery of the Products ordered by the Customer cannot take place until the latter has made actual payment of the amount referred to in article 6.1 above. The Products can be delivered in the following geographical areas: Metropolitan France, in the overseas departments and communities, in a member country of the European Union, and Others. Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the method, to the address and within the delivery time shown in the order summary with the corresponding invoice. In this regard, the Customer undertakes to do everything possible to ensure proper receipt of the Products on the day of delivery. The cost relating to any new delivery will be borne by the Customer. In addition, in the event of a delivery error resulting from the communication of inaccurate information by the Customer (place of delivery, accessibility of the place or any other problem) causing the need to make a new delivery, the related costs will be invoiced. to the client. In the event of the Seller's prior agreement, the Customer may proceed to collect the Products ordered from the place indicated by the Seller. The delivery times provided for when ordering are only indicative depending on the availability of the Products ordered and the delivery times applied by the Seller's partners. Delays in delivery, as far as they are reasonable, cannot give rise to any right to cancel the sale, to refuse the goods or to claim damages. In the event of a delay exceeding 45 days, the Customer will however be entitled to request the resolution of the sale, the down payments already paid will be returned to him by the Seller. In the event of delivery outside mainland France, the Customer will be considered the importer of the Products and required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, if necessary, be subject to an opening procedure and inspection by customs authorities. 7.2 Conformity of delivery The number and condition of the Products must be verified by the Customer at the time of delivery. The Seller will be required to take back the Products in the event of delivery of nonconforming or damaged Products upon delivery. The Customer must have any apparent defects, missing or damaged products noted in contradictory writing with the carrier by clear, precise and complete reservations on the delivery slip. The Customer must confirm his complaint with the Seller and the carrier by registered letter with acknowledgment of receipt within 9 days of delivery of the goods. The Seller will validate the return request and send the Customer by e-mail a return slip to be attached to the shipment of the Products. The Customer must reship the non-conforming Product to the Seller as soon as possible. Unless the exclusive responsibility of the Seller is incontestably established or if it is expressly recognized by the Seller, the costs and risks of return will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition. If the Customer fails to comply with the aforementioned procedure, the Customer will be presumed to have waived any action against the Seller and / or the carrier and to have received the goods in conformity and in good condition. The Seller will therefore not accept any complaint, return or request for credit from the Customer.




8.1 - Retention of title By way of derogation from the provisions of article 1583 of the Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the Products delivered is suspended until full and effective payment of the price in principal, interest, taxes and any incidental charges. The delivery of drafts, bank checks or any other instrument creating an obligation to pay does not constitute effective payment in this regard. Acceptance of the deliveries or of the documents relating to these deliveries constitutes acceptance of this clause. In the absence of payment of the price by the agreed deadline, the Seller expressly reserves the right to consider the sale resolved and to claim the said Products after formal notice by registered letter or a bailiff's summons that has no effect within 45 days of their presentation. As long as the Products do not belong to the Customer, he is prohibited from disposing of them, in particular to pledge them, exchange them, transfer them as a guarantee. However, as a tolerance and for the sole needs of its activity, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform its customers, professional resellers, of the existence of the retention of title clause applicable to the Products and of the right that the Seller reserves to claim, in their hands, either of the disputed Products, or the price. The Customer also undertakes, in return, to carry out not only at the end of the financial year but permanently, by any means at his convenience, the identification of the Products in retention of title. The Customer must include on the assets side of his balance sheet the Products subject to retention of title. Products pending sale are presumed unpaid up to the seller's claim under the “first in, first out” rule (FIFO), ie that any payment by the Customer will be allocated to the oldest Products and these will be the subject Products. of the last delivery which will always be considered as subject to retention of title. Notwithstanding the fact that the Customer will not have ownership of the Products until effective payment is made, the risk of the Products will be transferred to the Customer under the conditions set out below. The Customer therefore undertakes to take all care in the custody and conservation of said goods. The Customer immediately informs the Seller by any means ensuring perfect communication of any fact likely to compromise his right of ownership, in particular the opening of a safeguard, liquidation or receivership, seizure or any other procedure. precautionary measure. In the event of the opening of a safeguard, liquidation or receivership procedure, the Customer undertakes to participate in the establishment of an inventory of the Products in its stocks and of which the Seller claims ownership or payment and assist it effectively in the claim procedure lodged with the competent authorities. In the event of seizure or any other protective measure on the Products delivered by the Seller, the Customer will raise all protests against the third party and take all protective and execution measures. All legal and judicial costs generated by the recovery of the Products subject to retention of title or their price will be borne by the Customer. 8.2 - Transfer of risks The Products will be at the expense, risk and peril of the customer from their delivery to the carrier or their removal by the Customer. In this case, the Seller will be deemed to have fulfilled his obligation to deliver once he has delivered the Products to the carrier and the latter has accepted them without reservation, the Customer having no recourse in warranty against the Seller. in the event of non-delivery or lack of conformity of the Products during delivery. The Customer will therefore take out all useful insurance contracts guaranteeing the risks of loss, destruction or theft of the goods whose risks have been transferred.


Article 9 - GUARANTEE


Any return of defective Products or for a material, design or manufacturing defect requires the prior written consent of the Seller. Unless the Seller's liability is incontestably established or if it is expressly recognized by the Seller, the costs and risks of return will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition. No return of Products for unsold will be accepted. Any defective Product may be repaired, replaced by an identical or equivalent product, or reimbursed, depending on the solution that the Seller or the manufacturers concerned consider the most appropriate, except in the case of: - alteration, modification, improper packaging of the Products; - abnormal or non-conforming use or use of the Products; - defects and consequences linked to use not in accordance with the use for which the Products are intended; - faults and consequences linked to any external cause; - normal wear and tear of the Products; - non-compliance with the return procedure by the Customer. In the event of a dispute over the guarantee of a Product, the parties must do their best to reach an amicable settlement of the situation. In the absence of an amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may automatically terminate the sale and obtain, if necessary, damages from the Seller for the purpose of repairing the damage suffered, the Customer waiving in advance to request a forced execution in kind of Products by the Seller or a third party or a proportional reduction of the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.




The Seller strives to ensure access and proper functioning of the Site twenty-four hours a day, seven days a week. The Seller cannot, however, exclude that access and operation of the Site may be interrupted, in particular by case of force majeure, malfunction of equipment or the Internet network of Customers, failure of telecommunications operators, interruption of the supply of electricity, abnormal, illegal or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason. The Seller also reserves the right to make to the Site and the Services all modifications and improvements of its choice related to technical development or proper functioning. General and temporary interruptions to the Site will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.




The Seller cannot be held liable in the event that the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure within the meaning of article 1218 of the Code. Civilian, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, plant closures, floods, fires, production or transport failure not resulting from personal acts, disruption of supply, wars, riots, insurgencies and more generally any circumstance or event preventing the Seller from properly performing its obligations. The Seller does not incur any liability for any indirect or immaterial damage or prejudice such as financial prejudice, loss of opportunity, loss of profit, loss of contract, loss of order, loss of goodwill, operating loss, damage or trouble. commercial or image damage, which could result from the delivery of non-compliant or defective Products or from the failure to deliver the Products. The sale of Products and these General Conditions being in accordance with French legislation, the Seller's liability cannot be engaged in the event of non-compliance with the legislation of another country when the Customer places an order for a Product from from another country. In any event and in all return cases, if the Seller's liability should be retained, it may under no circumstances go beyond the purchase price of the goods paid by the Customer. In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Client against the Seller is affected by the limitation period upon the expiration of a period of one (1) year following the date on which the Customer concerned has had knowledge or is presumed to have had knowledge of the harmful event.




The computerized records, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of communications and actions by Customers and the Seller. The archiving of these elements is carried out on a reliable and durable support so as to correspond to a faithful and durable copy within the meaning of the applicable regulations. Each Client recognizes the value of proof of the automated recording systems of the Site and declares that he renounces contesting them in the event of a dispute. Article 13 - PERSONAL DATA For more information concerning the use of personal data by the Seller, please carefully read the Charter on respect for privacy (the "Charter"). You can consult this Charter at any time on the Site.




The hypertext links available on the Site may refer to third party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, they will leave the Site and will then agree to use third-party sites at their own risk or, where applicable, in accordance with the conditions which govern them. In any event, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site cannot engage the responsibility of the Seller for any reason whatsoever and in particular as to the availability, content and products and / or services available on or from this third party or partner site. The Customer is not authorized to create on a third-party site one or more hypertext links linking to the home page of the Site or to its profile page, except with the prior written authorization of the Seller.




The Seller is the sole owner of all the content on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, Site structure and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property. Consequently, none of the Content of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, regardless of the means and / or media used, whether known or unknown to date, without the prior written authorization of the Seller, and the Customer is solely responsible for any unauthorized use and / or exploitation. In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other collection tools data processing is strictly prohibited for Customers. However, the Seller grants the Customers, subject to their compliance with these General Conditions, a non-exclusive and non-transferable right to access the content on the Site of which it holds full ownership, to download and print them in for personal and non-commercial use. The Seller is likely to be the holder of intellectual and / or industrial property rights concerning the Products sold to the Customer. As soon as the Customer becomes aware of an infringement of the Seller's intellectual and / or industrial property rights, he must immediately inform the Seller in writing.




In the event of a one-off sale or in application of special conditions, these General Conditions are applicable for the duration of each sale of Products carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer. In the event of a successive sale, these General Conditions are applicable for an initial period of 6 months. In the absence of termination of these General Conditions within a period of 1 month preceding the end of this initial period, the sale of the Products and the General Conditions are tacitly renewed for a new period of a period equivalent to the initial period appearing on the voucher of order, under the pricing conditions in effect on the date of renewal. The Seller reserves the right to suspend a Client's access to the Site permanently or temporarily, in the event of failure by said Client to fulfill its obligations under these General Conditions. In addition, the Seller or the Customer may terminate the General Conditions as of right in advance by sending a written notification: - in the event of the occurrence of a case of force majeure as referred to in article 11; - after having notified the other party in the event of a serious breach of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (when can be remedied) following written notification indicating the nature of the breach and the need to remedy it.




During the term hereof, each party may read or receive confidential information, documents and / or data about the other party. As a result, each party undertakes, both in its own name and on behalf of its employees for whom it is strongly committed, to preserve the strict confidentiality of all confidential information, documents and / or data of any kind relating to the results, activity or customers of the other party or any information received or obtained from a party within the framework of the contractual relations established. This confidentiality agreement of the parties is valid, both for the duration hereof and for a period of two (2) years following their expiration or termination.




Any written notification or summons required or permitted by virtue of the provisions hereof shall be validly effected if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in case of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office. Any change in the contact details of one party for the purposes hereof must be notified to the other party as provided above. Notifications sent by hand or by hand will be presumed to have been made on their date of delivery to the addressee, as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be presumed to have been made on the date of their first presentation to the recipient's address. Notifications made by email will be presumed to have been made on the date the email was sent.




If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not written and the other stipulations would remain in force. The fact that the Seller does not avail itself temporarily or permanently of one or more stipulations of the General Conditions shall in no case entail a waiver.




The Seller reserves the right to modify at any time and without notice the content or location of the Site and these General Conditions. Any use of the Site or order following a modification made to the General Conditions will imply acceptance by each Customer of said modifications. The most recent and current version of the General Conditions will always be available at the following address: When the modifications made to the General Conditions are considered by the General Conditions to be substantial, they may be brought to the attention of the Customers by email and must be accepted by them the next time they connect to the Site. Item




Any disputes that may arise within the framework of the contractual relations established between the Customer and the Seller must be resolved, as far as possible, in an amicable manner. In the absence of an amicable settlement within a period of one month from the referral of one of the parties, all disputes to which the General Conditions may give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the court of Perpignan.




These General Conditions and the transactions resulting from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will prevail in the event of a dispute.

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