Terms and Conditions

ORDER FLOWERS ONLINE - TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.paulthomasflowers.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US
1.1 www.paulthomasflowers.co.uk is a site operated by Paul Thomas Flowers Limited (we). We are registered in England and Wales under company number 04317844 and with our registered office and main trading address at Arch 83 Queens Circus, Queenstown Road, London, SW11 8NE. Our VAT number is 848 5481 84.

1.2 We are a limited company.

2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.

3. ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

3.3 If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provisions of these terms and conditions.

3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgment Email). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. OUR STATUS
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5.2 Where there are links to other sites and resources by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

6. CANCELLATION
6.1 You acknowledge and agree that you will not have any right to cancel a Contract for the supply of any of the Products as the Products have been arranged to your specifications and by reason of their perishable nature are liable to deteriorate rapidly and cannot be returned.

6.2 This provision does not affect your statutory rights.

7. AVAILABILITY AND DELIVERY
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7.2 The Product is subject to availability. In the event the Product cannot be supplied for reasons beyond our control, including but not limited to, the unavailability of the Product, we reserve the right to substitute the Product or part of it with a product of equivalent value and shall notify you as soon as is reasonably practicable.

7.3 You agree and accept that the Product will vary in terms of lifespan dependant on season and environmental conditions which are out of our control.

8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.6 Payment for all Products must be by credit or debit card before the Product is dispatched. We reserve the right to immediately suspend or terminate the Contract if payment is not received in accordance with this clause 9.

10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

10.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.

10.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

10.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1, 10.2 or clause 10.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.5.

11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including but not limited to, copyright and trademarks. These works are protected by copyright laws and treaties and all such rights are reserved.

11.2 You are expressly prohibited from copying, reproducing, displaying or transmitting any such material on our site without obtaining our prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.3 Subject to this clause you are permitted to use the information displayed in our site for the sole purpose of purchasing or considering to purchase our Products or any other purpose of our site and we reserve the right to withdraw this licence at any time without notice to you.

11.4 You agree to indemnify us in the event that we incur any indirect/direct claims, liabilities, costs, fees, losses, damages or expenses (including consequential) as a result of your breach of this clause 11.

12. RELIANCE OF INFORMATION POSTED AND CHANGES TO OUR SITE
12.1 Any material on our site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

12.2 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

13. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such proceedings and you warrant that all data provided by you is accurate.

14. VIRUSES, HACKING AND OTHER OFFENCES
14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. NOTICES
All notices given by you to us must be given to Paul Thomas Flowers Ltd, Arch 83 Queens Circus, London, SW11 8NE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19. WAIVER
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.

20. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.

22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

CONTRACTS - TERMS AND CONDITIONS/SERVICE AGREEMENT

APPLICATION AND ENTIRE AGREEMENT

1. These Terms and Conditions will apply to the purchase of the Products detailed in the Quotation by the Customer from Paul Thomas Flowers Ltd (the Supplier), a company registered in England and Wales under no 431844 whose registered office is at Arch 83, Queen’s Circus, Queenstown Road, London, SW11 8NE.

2. These Terms and Conditions will be deemed to have been accepted by the Customer when they accept them or the Quotation or from the date of any delivery of the Product (whichever happens earlier) and will constitute the entire agreement between the Supplier and the Customer.

3. These Terms and Conditions and the Quotation (together the Contract) apply to the purchase and sale of any Products between the Supplier and the Customer to the exclusion of any other terms that the Customer tries to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

INTERPRETATION

4. ‘Office hours’ means any day other than a Saturday, Sunday or bank holiday in England and Wales from 8am to 5pm.

5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

6. Words imparting the singular number include the plural and vice versa.

PRODUCT AND SERVICES

7. The Product shall be the flowers/arrangements specified in the Quotation (‘the Product’).

8. The Product is subject to availability.

9. The Services shall be the services to be provided by the Supplier as set out in the Quotation together with any other services which the Supplier provides or agrees to provide to the Customer detailed in the Quotation.

10. In the event the Product cannot be supplied for reasons beyond the Supplier’s control including but not limited to the unavailability of the Product, the Supplier reserves the right to substitute the Product or part of it with Product of equivalent value and shall notify the Customer as soon as is reasonably practicable.

11. The Customer accepts that the Product size and/or volume may vary according to seasonal demands and/or conditions.

12. The Customer agrees and accepts that the Product will vary in terms of lifespan dependent upon season and environmental conditions which are out of the Supplier’s control and that the Supplier will use all reasonable endeavours to maintain the appearance of the Product when necessary.

13. Where, at the absolute discretion of the Supplier, it becomes necessary to replace the Product, the Supplier will replace the Product at their sole expense unless the Customer is in breach of their obligations detailed below, in which case it will be at the expense of the Customer.

CUSTOMER OBLIGATIONS

14. The Customer shall supply the Supplier with any additional information that the Supplier may reasonably require in order to provide the Services and/or Product.

15. The Customer will provide an appropriate environment for the Product away from direct heat, direct light and air conditioning vents and upon a surface suitable for placing vases. If the Product is stolen, lost or damaged the Customer will be responsible for the full cost of replacing the Product. The Supplier shall notify the Customer within 48 hours of any observed damage to the Product incurred whilst on the Customer’s premises.

16. The Customer will afford reasonable access to the site during office hours to enable the Supplier to carry out their obligations. The Customer will provide access to an adequate supply of water.

17. The Customer will ensure that the Product is not moved, altered or watered in any way without the consent of the Supplier.

COMMENCEMENT AND DURATION

18. The Services and Products supplied shall be provided by the Supplier to the Customer from the date of acceptance by the Customer of the Suppliers offer in accordance with the date specified in the Quotation. If the quotation has not been accepted, but the Supplier has supplied flowers for four consecutive weeks, then it will be assumed that these T’s and C’s are accepted by the Customer.

19. The Services and Product supplied shall continue to be supplied until the Services are completed in accordance with the Quotation or shall continue to be supplied unless the Contract is terminated by one of the parties giving to the other not less than three months written notice.

PRICES AND PAYMENT

23. The price of the Services and Product specified on the Quotation excludes VAT and is subject to VAT at the current rate. The Supplier may adjust their prices annually from the date that the contract commenced upon giving three months written notice. The price of the Services and Product specified in the Quotation includes delivery charges unless otherwise agreed. Fees will be invoiced monthly at the end of each calendar month. The Customer shall pay each invoice submitted to it by the Supplier, in full and cleared funds within 30 days of receipt of the invoice (the ‘Due Date’).

24. In the event the Customer fails to pay the Supplier in full by the Due Date, the Supplier may (at the Supplier’s discretion) charge interest on such sum from the Due Date for payment at the annual rate of 4% above the base lending rate of Barclays’ Bank Plc, accruing on a daily basis until payment is received in full.

25. The Supplier’s preferred method of payment is by BACS to Paul Thomas Flowers Ltd sort code 20-65-89 account number 90948748. Cheques are also accepted. Please make payable to Paul Thomas Flowers Ltd and post to Arch 83, Queens Circus, Queenstown Road, London, SW11 8NE.

DELIVERY DATE AND PASSING OF RISK

26. The Delivery Date shall be the time and date on which the Supplier places the Product in situ or hands the Product to an employee of the Customer, a courier or third party, to be transported to the Customer of to the location/individual specified in the Quotation.

27. Risk in the Product transfers from the Supplier to the Customer at the time of delivery.

ALTERATION TO SERVICES

28. The Supplier shall be under no obligation to agree to any amendments to the Product and/or Services less than one week prior to the date of the provision of the Product and/or Services as specified in the Contract. Any request for amendment by the Customer shall be notified in writing to the Supplier.

29. The Supplier shall use its reasonable endeavours to comply with any request by the Customer to amend the Product and/or Services and (if requested) to provide a revised price or specification of the Product and/or Services as may be appropriate as soon as reasonably practicable after receipt of such request.

DISCLAIMER

30. The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising with the performance or contemplated performance of the Contract shall be limited to the price paid for the Product.

LIABILITY

31. The Supplier has no liability to the Customer for any consequential loss of the Customer arising out of or in connection with the provision of any services pursuant to this agreement (except in respect of death or personal injury resulting from the Supplier’s negligence).

32. The Customer shall notify the Supplier of any claim under this agreement as soon as reasonably possible and in any event within 30 days of the occurrence giving rise to the alleged loss. Any such claim notified to the Supplier after the expiration of such period shall be void.

33. In the event that the Customer is a consumer within the meaning of the Unfair Contract Terms Act 1977, their statutory rights are not adversely affected by any terms of this agreement.

34. The Customer shall indemnify and keep indemnified the Supplier against any claims whatsoever for damages, penalties, costs and expenses for claims arising out of any injury or loss suffered by the employees of the Supplier whilst on the Customer’s premises.

FORCE MAJEURE

35. The Supplier shall have no liability to the Customer under these Terms and Conditions if it is prevented from or delayed in performing its obligations under the Terms and Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.

INSURANCE

36. The Supplier shall maintain Public Liability Insurance in the amount of £5,000,000.00 and Employer’s Liability Insurance in the amount of £10,000,000.00.

37. The Supplier accepts no responsibility or liability to the Customer regarding the implementation or maintenance of insurance with regard to the Customer’s premises and it shall be the responsibility of the Customer to arrange and maintain all appropriate insurance cover whether required by applicable statute, Regulation or otherwise in respect of the premises.

VARIATION

38. No variation of the Services shall be valid unless it is in writing and signed by or on behalf of each of the Supplier and Customer.

TERMINATION

39. The Supplier can, with immediate effect, terminate the sale of Services and Product under the Contract where:

- The Customer commits a material breach of their obligations under these Terms and Conditions:

-The Customer is or becomes or, in the reasonable opinion of the Supplier are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

-The Customer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with their creditors; or

-The Customer convenes any meeting of its creditors, enters into a voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of their assets or undertakings or any part thereof, any documents are file with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by the Customer or any of its directors or by a qualifying floating charge holder (as defined in para14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Customer’s affairs or for the granting of an administrative order, or any proceedings are commenced relating to the Customer’s insolvency or possible insolvency.

RIGHTS OF THIRD PARTIES

40. The contract is made for the benefit of the Supplier and the Customer and is not intended to benefit, or be enforceable by, anyone else.

DATA PROTECTION

41. When providing the Product to the Customer, the Supplier may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

42. The parties agree that where such processing of personal data takes place, the Customer shall be ‘data controller’ and the Supplier shall be the ‘data processor’ as defined in the General data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

43. For the avoidance of doubt, ‘personal data’, ‘processing’, ‘data controller’ ‘data processor’ and ‘data subject’ shall have the same meaning as in the GDPR.

44. The Supplier shall only process Personal Data to the extent reasonably required to enable it to provide the Product as mentioned in the Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the processing and refrain from Processing any Personal data for its own or for any third party’s purpose.

45. The Supplier shall not disclose Personal Data to any third parties, other than employees, directors, agents, subcontractors or advisors on a strict “need to know” basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.

46. The Supplier shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Supplier on behalf of the Customer. Further information about the Supplier’s approach to Data Protection are specified in its Data Protection Policy, which can be found on its website. For any enquiries or complaints regarding data privacy, you can contact the Supplier’s Data Protection Officer at the following email address: office@paulthomasflowers.co.uk

SEVERANCE

47. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

GOVERNING LAW AND JURISDICTION

48. These Terms and Conditions shall be governed by, and construed in accordance with, the law of England and Wales and the Supplier and Customer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises our of or in connection with these Terms and Conditions or its subject matter.

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