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Terms and conditions of service

Conditions of use and hiring Blue Banana Brand SL

Last update: 13 January 2021

Acceptance

1. Ownership this site is owned and operated by:

  • Corporate Name: BLUE BANANA BRAND, S.L.
  • Registered office: C/Boyer N º 11, C.P. 28052 Madrid.
  • NIF: B87541827
  • Email: info@bluebananabrand.com
  • Registration data: BLUE BANANA BRAND, S.L., is registered in the Mercantile Registry of Madrid, Volume 34648, folio 165, Section 8, sheet H M 623267, I/A.

This online shop, BLUE BANANA BLUE BANANA, is available to any user, for their own consumption, and subject to the following terms and conditions: These conditions of use and contracting (hereinafter CUC), our policy of Privacy and Cookie policy. When you use BANANA BLUE you accept these CUC and the rest of terms and conditions. This will make you commit to not using this site for illegal purposes. On the other hand, we inform you that for legal reasons we file the electronic documents that are Formalizadaslas purchases. You will be able to access these documents at any time, from your profile or request at info@bluebananabrand.com

Description of the service

When you access our website first you will see a black banner in which we give you 3 important data:

  • Our WhatsApp number
  • That at this time orders with an amount greater than €65 are free. Keep in mind that this is something that we can change or delete, so always prevail what is shown on our website.
  • The icons of the shopping cart, access to your profile and the search Magnifier. Just below that banner you will find a navigation bar from where you can access the different pages that make up our website. At the time of the creation of this document we have these:
  • Sweatshirts
  • Hoodies
  • T-Shirts
  • Accessories
  • we
  • contact

As you may have guessed if you click on sweatshirts, hoodies or T-shirts you can see our catalog of each of these types of products, for example, if you click on sweatshirts you can choose between one of our three kinds of sweatshirts: Banana Edition, Junior or Ethnic. On the accessories page you can find our selection of caps and socks and we also put at your disposal a photo of the product accompanied by its description and price. Remember that every certain time we can change our catalogue of products and/or their price and that these will be only those shown on this website. Although we will try that that does not happen, at the moment when you try to buy one of the products that we offer, it is exhausted or not available, in that case you won't be able to buy it, but you can always access the contact section and follow the following steps In our virtual Assistant:

  1. I want information
  2. Within the section what can we help you with? Click on the option "Are you going to replenish stock?"
  3. To the question have we resolved your question? Answer "No"
  4. Fill out the form explaining your case
  5. Send it, read it beforehand and accept our privacy policy. We will try to respond as soon as possible and you may be lucky and you can buy that product. If you want to know more about who are behind Blue Banana and its history, from its beginnings to the present time, then click on the US button.

Finally if you want to get in touch with us either to obtain information about our products and services or to say that something has not gone well in your process of buying our products click on the button contact. When you enter this page will load our assistant who will guide you through the different steps to get the information you need or solve your issue. If you continue scrolling down you will be able to see different photos and directly access the catalog of some of our products.

Finally in the footer you will find:

  • A box of information through which you can subscribe to our newsletter and so we can keep you informed about our promotions, discounts and interesting news about us.
  • Links to the legal texts of this website.
  • You will be able to find the icons of our social networks.
  • You can also see the icons of the means of payment that we accept: American Express, JC, Maestro, MasterCard, PayPal and VISA.

External links

You may be sent to other websites via links from this website. However, BLUE BANANA does not control those sites or their content, which in fact are subject to their own terms and conditions. Therefore, BLUE BANANA is not responsible for the quality, veracity or accuracy of these sites.

Age

You declare that you are of age and that you have the necessary legal capacity to link you to this agreement and use the service in accordance with these CUC, which you understand and recognize in its entirety. You declare that all the information provided to access the service, before and during its use, is true, complete and accurate.

Intellectual and industrial property

The content and information of the service (among other data, text, sound, image or computer code), as well as the infrastructure used to provide such content and information, is owned by BLUE BANANA or has the authorizations corresponding to their use. In addition, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation are prohibited for commercial or equivalent purposes of the service. For any other use of the content of the service you need our prior written consent.

User Content

You can contribute to the service in various ways, such as participating in competitions that we organize, send creative ideas or photos, or make suggestions (hereinafter "content").

We can use your content in different ways, such as: show it on the website, reformat it, translate it into other languages, edit it to provide clarity, correct grammatical errors, create derivative works from it, promote it or distribute it.

Therefore, by sending us content you grant to BLUE BANANA a license of worldwide use, not exclusive, free, until the withdrawal of the content, transferable and sublicensable on that content. That means the content is still yours, but BLUE BANANA, thanks to this use license, can:

Use, reproduce, modify, adapt, translate, distribute and publish the content, create derivative works from it, show it and display it throughout the world, by any known means and for any legitimate purpose; and b) Use the name you send in relation to that content.

Validity of the Offer

The products offered at BLUE BANANA, and their prices, will be available for purchase while they are in the product catalog displayed through the online store. In any case, we, BLUE BANANA, reserve the right to make the modifications that we consider appropriate, being able to update our products and services according to the market. The prices that appear on the web are subject to change.

BLUE BANANA reserves the right to change prices without prior notice. However, upon receipt of the order confirmation, the prices payable for that order will not be affected.

We inform you that despite the updates we make to the prices of the products we offer on this website, these could contain errors. We will promptly correct all errors that appear, but shall not be binding.

Security

As stated above, the entire sales procedure, as well as the transmission of your personal data and those of the credit card, are made on a secure page and encrypted by means of the SSL protocol.

Amendments and nullity

We will be able to update these terms and conditions in the future. We will inform you about these changes by placing a notice in a prominent place on our website and/or by email. If any clause included in these CUC is declared, wholly or partly, null or void, it will only affect that provision or part thereof which is null or ineffective. Will persist the CUC in everything else, having such a disposition, or the part of it that is affected, not put.

Claims and actions derived from the contract

This agreement is governed by Spanish law. In order to simplify the resolution of claims by the civil way and to reduce costs, we do not exclude the possibility of submitting to an arbitration of fairness of the Court of Arbitration of the Chamber of Commerce, Industry and services of Madrid. In this respect, and according to the applicable regulations, we inform you of the existence of a European platform for the resolution of online litigation that facilitates the extrajudicial resolution of such litigation for contracts also held online between consumers and Internet service providers. This platform can be accessed through the following Web page: Http://ec.europa.eu/odr

Customer Service

For any clarification, incidence or claim, you can contact us through:

About our social networking games

This section is updated depending on whether or not we have an active campaign at this time.

LEGAL BASES OF THE RAFFLE PARTICIPATION : BLUE BANANA & Goiko - Iceland trip

CLAUSE 1.- ORGANIZING COMPANIES.


BLUE BANANA BRAND, S.L. (from now on BLUE BANANA) with social address in Calle Boyer nº11, 28052, Madrid, with NIF B87541827; and GOIKO GOURMET S.L., (hereinafter GOIKO) with registered office in Madrid CP 28003, C/ Maestro Ángel Llorca 6, 5 Bajo, with CIF Nº 86590841, organize on the dates indicated below, the free draw, without obligation to purchase, called the blue banana & goiko Iceland trip (hereinafter the "Draw") in accordance with the requirements set out in these Rules.

CLAUSE 2.- DEADLINE AND MODE OF PARTICIPATION.


The deadline to participate in the Draw is from December 29th to December 31st, 2020, both included.

Whoever wishes to participate must:

Be over 18 years old and reside somewhere in the national territory of Spain.
Follow the Instagram accounts of @goiko and @bluebanabrand
Upload to your Instagram stories a photo that represents the best moment of your year mentioning both brands.
If you have a private profile, remember to send us a screenshot of the shared story.
You can participate as many times as you want.
Participation in the Sweepstakes implies that the participant fulfills the established requirements and respects and complies with the Instagram conditions.
Instagram does not sponsor, endorse, or otherwise administer this Sweepstakes, or be associated with it.

Employees of BLUE BANANA and GOIKO, as well as employees of companies involved in the management of this promotion, are excluded from this promotion. Legal entities cannot participate either.

CLAUSE 3.- PRIZE.


Forty-two (42) prizes will be raffled among twenty-one (21) winners, which will consist of

Twenty (20) Blue Banana brand sweatshirts
Twenty (20) Goiko Burgers
One (1) GoPro Hero 9 Black valued at 400
One (1) trip to Iceland for two people. This award has the following characteristics:
Round trip flight for two people.
The deadline for the enjoyment of the award will be until the end of the year 2022.
Local and national holidays and the Christmas period are excluded.
Booking of dates with a minimum of 2 months in advance, and under availability.
Up to a maximum of 2,000 euros in total cost for the two people.
Prizes are non-transferable and cannot be exchanged for cash.

CLAUSE 4.- RAFFLE.


The Raffle will be carried out on December 31st, 2021 by the Legal Department of BLUE BANANA and by the Marketing Department of GOIKO, through the random drawing of twenty-one (21) winners 

CLAUSE 5.- AWARDING OF THE PRIZE.


The winners will be contacted by direct message through Instagram from December 31st, 2020. In the event that it is not possible to locate you within 48 hours, or if you expressly reject the prize for any reason, the corresponding prize in the raffle will be declared void.

Once the prize has been accepted, the winner will receive a private message explaining how to proceed with the delivery.
The winner authorizes the publication of his/her Instagram profile name on the BLUE BANANA Y GOIKO website and social networks, as well as on any of the official communication channels of the brands without any right in his/her favour to receive any compensation. The winners will also be asked for the necessary data to manage the prize.

CLAUSE 6.- OBLIGATIONS FOR THE PRIZE WINNER.

The winner agrees to:

Accept the publication in his Instagram profile of 4 stories and 3 posts during the enjoyment of his prize, whose content will have to be sent to BLUE BANANA Y GOIKO in case they want to use it for their own social networks.

CLAUSE 7.- PROTECTION OF PERSONAL DATA

The participants of the draw consent unequivocally that, in case of being the winner, their personal data (name and surname), data provided or others that, additionally, we may request for the development of the mentioned purposes may be communicated to third parties through the means that BLUE BANANA Y GOIKO considers more convenient. The personal data of the participants in this promotion will be treated in strict compliance with the provisions of Regulation (EU) 2019/679 of 27 April 2016, general data protection ("RGPD") as well as national legislation applicable at the time of the draw.

Responsible parties:
BLUE BANANA BRAND, S.L., NIF: B87541827, D. Social: Calle Boyer nº11 (28052) DPO: info@bluebananabrand.com

GOIKO GOURMET S.L., (from now on, GOIKO) with address in Madrid CP 28003, C/ Maestro Ángel Llorca 6, 5 Bajo, with CIF Nº 86590841,

Purpose and legitimacy:
To process your participation in the Raffle and, if necessary, to proceed to the delivery of the prize with the resulting tax deductions - Execution of the contract: Subscription.

Processed data:
Data provided or others that, additionally, we may request for the development of the above-mentioned purposes.

Recipients:
For the development of the purposes foreseen above, it is not foreseen that your data will be communicated to third companies, except for legal obligations and for what is necessary for the management of the previous one.

International transfers:
The winner's data can be published in the different Web Platforms or Social Networks of BLUE BANANA Y GOIKO. This publication may involve an international transfer to a country whose data protection regulations are not equivalent to the European one.

The interested party, through its participation in the Raffle, accepts such a transfer, without prejudice that BLUE BANANA O GOIKO may adopt additional measures to guarantee the level of security of the data.

Period of conservation:
Once the Raffle is over, your data will not be treated.

Rights:
Access, rectification, opposition, deletion, portability, revocation of consent previously given, limitation to treatment through the e-mail info@bluebananabrand.com and goikogrill.dpo@convenceabogados.es, or also in writing, attaching a copy of a document proving your identity to the address: C/ Maestro Ángel Llorca, 6, 5º, , 28003 - Madrid (Madrid) Additional information: You can consult additional and detailed information about Data Protection in our privacy policy: https://www.goiko.com/politica_de_privacidad

CLAUSE 8.- ACCEPTANCE OF THE BASES AND RESPONSIBILITY.


The mere fact of participating in the Raffle implies the full acceptance of these Rules.
BLUE BANANA reserves the right to modify the Rules of the Raffle, partially or totally at any time, as long as it does not harm or undermine the rights of the participants in the Raffle. Likewise, it also reserves the right to cancel it or leave the prize unclaimed in case of any irregularity. Once any modification has been made, it will be duly notified to the participants.
BLUE BANANA AND GOIKO reserve the right to exclude from the Sweepstakes all those participants who, in their opinion, are not complying with any condition of participation included in these Rules. The exclusion of a participant, whatever the cause, entails the loss of all rights derived from their condition as such.
Any abusive or fraudulent use of these Rules will result in disqualification from the Sweepstakes.
BLUE BANANA Y GOIKO is exempt from any responsibility in the event of any error in the data provided by the winners that would prevent their identification.
No link. The raffle is not sponsored, endorsed, managed or associated in any way with Instagram so Participants release Instagram from any liability for any damages arising from it.

BLUE BANANA AND GOIKO are exempt from any responsibility derived from any circumstance attributable to third parties that may affect the development of the draw and/or the delivery of the prize. BLUE BANANA Y GOIKO in no case will be responsible for the damages directly or indirectly resulting from any failure, problem, action or omission on the part of third parties not related to BLUE BANANA Y GOIKO, such as and without limitation, computer attacks, strikes, any type of civil revolt or threat, fires, floods, earthquakes or natural disasters, etc. BLUE BANANA Y GOIKO will in no case be responsible for any damage caused directly or indirectly by any action, omission or negligence attributable to the participants and/or winners.

CLAUSE 9.- CAUSES FOR DISQUALIFICATION OF A PARTICIPANT FROM THE RAFFLE.

This raffle is organized with the aim of encouraging and promoting the participation of all contestants in conditions of equality and with strict respect for the general principle of good faith. For this reason, BLUE BANANA AND GOIKO will automatically and immediately exclude from the raffle any participant who transgresses the rules of good faith, observes a mendacious, inadequate, fallacious or improper conduct, employs disproportionate, fraudulent or abusive means, or fails to comply with these rules in any of its extremes.

In any case, including but not limited to, and as applicable, any participant will be excluded from the raffle in the following cases:

Use of ways, systems or devices to alter the voting system, such as vote buying, or automated data or code entry. The mere suspicion that a participant is using any automated system for the massive or repetitive introduction of data or codes necessary to participate in the raffle, will result in the immediate exclusion of all his/her participations and will disqualify him/her from receiving any prize, without the need to notify him/her. 
Introduction of inaccurate, erroneous, non-matching or false personal data A finding that an entrant has entered inaccurate, altered or false personal data will result in the immediate exclusion of all entries from the promotion and will disqualify the entrant from receiving any prize, without the need to notify the entrant.
Entering inaccurate, erroneous, mismatched or false personal data A finding that an entrant has entered inaccurate, altered or false personal data will result in the immediate exclusion of all entries from the sweepstakes, and will disqualify the entrant from receiving any prize, without the need to notify the entrant.
Similarly, any anomaly attributable to a participant that prevents, alters or disturbs the normal development of the raffle, that affects or harms any other participant, that may falsify the participation data, that compromises the security or reliability of the technical systems used for its development, or that contravenes, in any other way, the present rules, will give BLUE BANANA Y GOIKO the right to unilaterally and immediately exclude that participant and to report the facts to the competent authorities. In case any of the previous irregularities, or any others, are detected after the effective delivery of any of the prizes, BLUE BANANA Y GOIKO reserves the right to exercise the pertinent legal actions against its author or responsible, among others, those tending to the return of the prize.

CLAUSE 10.- APPLICABLE LAW - CONTROVERSY

These bases are subject to the Spanish legislation. Any claim related to the Raffle must be sent by e-mail to BLUE BANANA BRAND, S.L, to the following address: info@bluebananabrand, within thirty (30) days after the deadline for participation in the Raffle. In case of controversy in the application or interpretation of these Rules and in the absence of an amicable agreement, any litigation will be subject to the Courts of the city of Madrid.

Security measures

We adopt all the technical and organisational measures necessary to protect the security and integrity of personal and non-personal information collected. Both in the face of unauthorized access and accidental alteration, loss or destruction. The sending and referral of data that you make through the service, is protected by electronic security techniques on the network such as the SSL protocol. Also, the information provided and stored in our databases is also protected by security systems that prevent access to them by unauthorized third parties. We make our best efforts to have the most up-to-date systems for the effectiveness of these security mechanisms. In addition, we store personal and non-personal information for as long as it allows and requires regulations. The one that is not needed is periodically destroyed. Despite the foregoing, we cannot guarantee the absolute security of the information collected, so you must collaborate and use at all times common sense about the information shared.

Gift Card Conditions

The card is valid on all Web products, including shipping costs.

No expiration date.

The amount you do not spend on the first use will be saved for the next purchase.

Returns only to the person who buys it and as long as it has not been used.

Changes in the Privacy policy

We will be able to update this privacy policy in the future. We will inform you about your changes by sending a notice to the email address provided and/or placing a notice in a prominent place on our website.

Contact

If you have any doubts about this privacy policy, please contact us by sending an email to info@bluebananabrand.com

Purchasing Process

Select your Products

As we want to put it as easy as possible for you to select your product follow these steps:

1. Click on the image of the desired product(s). Information about each product: We are totally transparent with you. That's why you will find all the information about each product. Like this:

  • Sweatshirt: you will know its price, available sizes, composition and care.
  • Hoodies: you will know their price, available sizes, composition and care.
  • T-shirts: you will know their price, available sizes, composition and care.
  • Hats: you will know their price, design, details, composition and size.
  • Socks: you will know their price, available sizes, composition and care.

This information on each garment is accompanied by a brief description of the product.

2. Select your size from which we have available, currently are: XS, S, L, M, XL, XXL.

If you don't know exactly what your size is, we'll help you figure it out. To do so, simply click on the "Find your size" button. A pop-up window will be displayed where we automatically provide you with our size recommendation via a form. In any case, we also have size guides for all our garments.

3. Choose the amount of each product you want to buy.

4. Click the "Add to Cart" button. Repeat this process as many times as necessary until you have chosen and added to the cart all the products you wish to buy. Similarly, if after choosing a product finally do not want to buy just click on the icon of the cart and then "remove" the product.

Give us your personal information so we can issue the invoice and enviárte yo3r products

Once you have finished choosing your products, click on the cart icon and then on the "Finish Order" button. A new screen will appear where you will have to give us your contact details and the necessary information so that we can issue your invoice if you request it:

Contact Details: We need you to provide us with a valid email address and a mailing address where to send your order. If after completing the purchase process you want to change the delivery address of the order:

  1. Head to our contact page.
  2. Start our Help wizard.
  3. Select the "I have an incident" option.
  4. Select "I want a return".
  5. Fill in the form that we put at your disposal.
  6. Press the Send button.

If the package has not yet left our warehouse, we can modify it without any problem. If, on the contrary, your order has already left our premises, we will have to talk to our shipping agency (GLS), so that they can modify it and redirect your order to the new address. Please note that this procedure may cause your order to be delayed for a couple of days.

Billing and payment data:

  • Means of payment: We currently accept credit card (Visa, Maestro, American Express, Maestro...) or PayPal as payment methods. In our transactions are secure and encrypted.
  • Billing Address: You have to tell us if the address we have to reflect on the invoice is the same as to where we send the product or another. By default, you will be shown as pre-selected "The same shipping address", but if you want to use a different one you have to click on "Use a different billing address"; A form will be displayed that you need to fill in. Finally click on the "Check the order" button to make sure you have filled in all the fields correctly.

Shipping cost, discount and final price

Shipping Costs:

  • Spain (peninsula): Currently if your order is over 65 euros you will have free shipping. If the amount of your order is less than or equal to 65 euros the standard shipping costs (2 to 6 days) will be 4.90 euros.
  • Europe: For shipments not made within the Iberian Peninsula, the shipping price will be calculated at checkout, depending on the shipping destination.
  • Discount: If you have any discount to be applied you have to introduce it in the corresponding box of the checkout, after adding your products to the cart. You will be able to identify it easily because you will be able to read in the field to be filled in "Gift card or discount code". After introducing it, click on the "Use" button and it will be applied automatically modifying the amount of your order.
  • Final price: The final price of your order will be the result of adding up the amount of each of the items. However, this final price will be modified according to 2 circumstances ‣ if you have to pay or not the shipping costs and if you have any discount.

Important: The prices of all our products are in euros (€) and include the applicable taxes (VAT).

Delivery of the product

At the moment you make the purchase you will receive a confirmation e-mail and we will get to work so that you receive your order as soon as possible. As soon as it leaves our warehouse, GLS will send you an e-mail informing you of the time frame in which your package will be delivered the next day, so you will be informed at all times of the status of your order. The average delivery time is 2 to 6 working days if the place of shipment is within the Peninsula.

If you do not receive your order within this time frame, please contact us at info@bluebananabrand.com or through our help desk, which you can find on our Contact page, and we will sort it out with our shipping agency as soon as we can.

Return policy, cancellations and modifications of the order

The returns in Spain (within the Iberian Peninsula) will be free. The returns outside Spain will have the same cost as the shipping expense that had to be paid when processing the order.

Returns: So that you can return the products you have bought us you will only have to:

  1. Keep the garments in perfect condition, without having been washed or worn, as well as with their original label.
  2. Go to our Contact page.
  3. Start our Help wizard.
  4. Select the "I have an incident" option.
  5. Select "I want a return".
  6. Fill in the form that we put at your disposal.
  7. Press the Send button.

Cancellations: If you want to cancel your order follow these steps:

  1. Head to our contact page.
  2. Start our Help wizard.
  3. Select the "I have an incident" option.
  4. Select "I want cancel my order".
  5. Fill in the form that we put at your disposal.
  6. Press the Send button. If your order has not yet left our warehouse, we will be able to refund your order and cancel it.

On the other hand, if your order has already left the warehouse, we will check its status and tell you how to proceed.

Modification of a product or size of my order: If you want to modify a product or a size of your order follow these steps:

  1. Head to our contact page.
  2. Start our Help wizard.
  3. Select the "I have an incident" option.
  4. Select "I want to modify a product or size of my order".
  5. Fill in the form that we put at your disposal.
  6. Press the Send button. In all these situations we will try to solve your problem as quickly as possible.

In any case, all the rights that the laws in force guarantee you as a consumer and user are guaranteed.

Information collected automatically

This information will consist of:

  • The collected by cookies or similar mechanisms stored on your device, always with your consent. Check our cookie policy for more information.
  • The IP from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, the language, the date, the country, the time of the request, the reference URL or the mobile network used (among others).
  • Service usage data and possible errors detected during use.
  • Data on your physical location using different technologies: GPS signals sent by a mobile device or information about Wi-Fi hotspots or nearest mobile phone antennas. In any case, these data are always compiled according to the privacy settings of your device.
  • In addition, BLUE BANANA uses the following services:
  • Google Analytics, an analytical service provided by Google, Inc. Headquartered in the United States with headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043. For the provision of these services, they use cookies that collect the information, including the user's IP address, which will be transmitted, processed and stored by Google in the terms posted on the Web www.google.com. Including the possible transmission of such information to third parties for reasons of legal requirement or when such third parties process the information on Google's account. In any case, you can disable Google analytics cookies from here.
  • Google Drive, for data storage in the cloud.
  • Shopify, a service provided by Shopify INC, headquartered in C/O intertrust Ireland, 2nd Floor 1-2 Victoria buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.

The one you provide voluntarily

This information will consist of:

  • The information, personal or not, that could contain the messages sent through the contact channels established in the service, for example your name, surname, email or your phone number. Utililizamos Gmail as a service for email management.
  • The email you provide to enroll in our newsletter. If you use the email of a third party, you acknowledge having your consent to do so.
  • The information you provide when you decide to participate in one of our draws. We use EASYPROMOS to manage these events.

That we obtain through other services:

Fundamentally through social networks, like Instagram or Facebook. We have profiles in the social networks Instagram and Facebook, being Bluebabanabrand responsible for the treatment in relation to the data published in them. These data will be treated according to the social network allow the corporate profiles. In no case will we extract data from social networks, unless the user's consent to do so is obtained punctually and expressly. When due to the nature of the social networks, exercising your rights depends on the modification of your profile, we will help and advise to the extent of our possibilities.

Age

As for the use of the online store, you declare that you are of age and have the legal capacity necessary to link you to this agreement and use the site in accordance with its terms and conditions, which you understand and recognise in its entirety. You declare that all the information you provide to access the service, before and during its use, is true, complete and accurate.

 

 

 

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