General conditions

General Terms and Conditions

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These General Terms and Conditions of the Dutch Home Shopping Organization (hereinafter: Thuiswinkel.org) have been established in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will come into effect on June 1, 2014. 

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement Article 6 – Right of withdrawal
Article 7 – Consumer’s obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and its costs
Article 9 – Entrepreneur’s obligations in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Price Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination, and extension
Article 15 – Payment Article 16 – Complaints procedure
Article 17 – Disputes Article 18 – Sector guarantee Article 19 – Additional or deviating provisions
Article 20 – Amendment of the General Terms and Conditions Thuiswinkel

Article 1 - Definitions

In these conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are delivered or arranged to be delivered by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Duration transaction: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period;
  7. Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows the unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer’s ability to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the contract, only or partly use is made of one or more techniques for communication at a distance;
  11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer has no right of withdrawal for his order;
  12. Technique for communication at a distance: means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same space.
 

Article 2 - Identity of the entrepreneur

Name entrepreneur: Quist Watch Group BV
Trading under the name: Quist Watches
Establishment address: Geert van Oorschotstraat 6, 3059TS Rotterdam
Phone number: +31103220636
Availability: Monday to Friday from 09:00 to 17:00
Email address: support@quistwatches.nl
Chamber of Commerce number: 83748385
VAT number: NL862976443B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content.
Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur promptly confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
  4. Within the legal framework, the entrepreneur may, within legal limits, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a order or request with motivation or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information about the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    a. The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
    b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. Information about guarantees and existing after-sales service;
    d. The price, including all taxes, of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance agreement;
    e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
    f. If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of Withdrawal

In the case of product delivery:

1. The consumer has the right to dissolve an agreement regarding the purchase of a product within a reflection period of 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have informed the consumer clearly before the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party designated by them, received the last shipment or part;
c. for agreements for regular delivery of products over a specified period: the day the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer has the right to terminate a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium when not informed about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the originally established reflection period in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the information mentioned in the preceding paragraph to the consumer within twelve months from the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7 - Consumer's Obligations During the Reflection Period

  1. During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a store.
  2. The consumer is solely responsible for any depreciation of the product resulting from handling the product in a manner exceeding what is allowed in paragraph 1.
  3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal before or at the conclusion of the agreement .

Article 8 - Exercise of the Consumer's Right of Withdrawal and Associated Costs

  1. If the consumer wishes to exercise their right of withdrawal, they shall notify the entrepreneur within the reflection period using the model withdrawal form or in an unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur or an authorized representative. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the end of the reflection period.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they have to bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return shipment.
  6. If the consumer withdraws after expressly requesting that the service be commenced or the delivery of gas, water, or electricity not made ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal compared to the full performance of the obligation.
  7. The consumer incurs no costs for the execution of services or the delivery of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
    a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form; or
    b. the consumer has not expressly requested the commencement of the service or delivery of gas, water, electricity, or district heating during the reflection period.
  8. The consumer incurs no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
    a. he has not explicitly consented to the commencement of the performance of the contract before the end of the reflection period;
    b. he has not acknowledged losing his right of withdrawal upon granting his consent; or
    c. the entrepreneur has failed to confirm this statement by the consumer.
  9. If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

  1. If the entrepreneur enables electronic notification of withdrawal by the consumer, he shall promptly send a confirmation of receipt after receiving this notification.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly and within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product themselves, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
  3. The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which the entrepreneur offers products, digital content, and/or services to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obligated to take delivery of the products, digital content, and/or services.
  3. Service contracts, after complete execution of the service, but only if:
    a. The execution began with the express prior consent of the consumer; and
    b. The consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement.
  4. Package travel as referred to in Article 7:500 BW and contracts for passenger transport.
  5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the agreement, and other than for residential purposes, goods transport, car rental services, and catering.
  6. Agreements related to leisure activities if a specific date or period of performance is provided in the agreement.
  7. Custom-made products according to the consumer’s specifications that are not prefabricated and that are produced based on an individual choice or decision of the consumer, or that are clearly intended for a specific person.
  8. Perishable products or products with a limited shelf life.
  9. Sealed products that are not suitable for return due to reasons of health protection or hygiene and whose sealing has been broken after delivery.
  10. Products that, by their nature, are irrevocably mixed with other products after delivery.
  11. Alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control.
  12. Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery.
  13. Newspapers, magazines, or periodicals, excluding subscriptions to these.
  14. The supply of digital content not supplied on a tangible medium, but only if:
    a. The execution began with the express prior consent of the consumer; and
    b. The consumer has declared that he loses his right of withdrawal.

Article 11 - The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The dependence on fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    a. they are the result of legal regulations or provisions; or
    b. the consumer has the authority to terminate the agreement on the day the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 - Fulfillment of the Agreement and Additional Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. Additional warranty is understood to mean any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what is legally required in case of a failure to fulfill its part of the agreement.

Article 13 - Delivery and Execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The consumer’s address provided to the entrepreneur is considered the place of delivery.
  3. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation for damages.
  4. After dissolution in accordance with the preceding paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Long-Term Transactions: Duration, Termination, and Renewal

Termination:

  1. The consumer can terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.

  2. The consumer can terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the specified duration, observing the agreed termination rules and a notice period of no more than one month.

  3. The consumer can terminate the agreements mentioned in the preceding paragraphs:
    a. at any time and is not limited to termination at a specific time or during a specific period;
    b. terminate at least in the same manner as they were entered into;
    c. always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

  1. An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration.

  2. Contrary to the preceding paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

  3. An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement involves the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.

  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise specified in the agreement or additional conditions, the amounts due from the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins on the day after the consumer receives the confirmation of the agreement.

  2. In the sale of products to consumers, the consumer should never be obligated in general terms to make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has taken place.

  3. The consumer has the obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.

  4. If the consumer does not fulfill his payment obligation(s) in a timely manner, after being reminded by the entrepreneur about the late payment and being granted a 14-day period to still meet his payment obligations, the consumer is liable for statutory interest on the still outstanding amount after the expiry of this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500, and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

Article 16 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.

  3. A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.

  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.

Article 17 – Disputes

  1. For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable.

  2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).

  3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.

  4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.

  5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should first notify the entrepreneur of this.

  6. If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request from the entrepreneur whether he also wishes this or prefers the dispute to be dealt with by the competent court. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.

  7. The Disputes Committee makes decisions under the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by binding advice.

  8. The Disputes Committee will not handle a dispute or stop the proceedings if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually terminated his business activities before a dispute has been heard by the committee and a final decision has been rendered.

  9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 – Industry Guarantee

  1. Thuiswinkel.org guarantees the compliance with the binding recommendations of the Disputes Committee Thuiswinkel by its members, unless the member decides to submit the binding recommendation to the court for review within two months after its dispatch. This guarantee is revived if the binding advice remains in force after the court’s review, and the judgment confirming this has become final and binding. Thuiswinkel.org will pay out to the consumer up to a maximum amount of €10,000 per binding advice. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. Thuiswinkel.org has an obligation to make efforts to ensure that the member complies with the binding advice for the excess amount.

  2. For the application of this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and assigns his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim exceeding the amount of €10,000 to Thuiswinkel.org, after which this organization will, at its own expense and in its own name, demand payment in court to satisfy the consumer.

Article 19 – Additional or Deviating Provisions

Additional or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 20 – Amendment of the General Terms and Conditions Thuiswinkel

  1. Thuiswinkel.org will not modify these general terms and conditions except in consultation with the Consumer’s Association.

  2. Changes to these terms and conditions will only take effect after being published in an appropriate manner, provided that, in the case of applicable changes during the validity of an offer, the provision most favorable to the consumer will prevail.

    Thuiswinkel.org
    www.thuiswinkel.org
    Horaplantsoen 20, 6717 LT Ede

Annex I: Model Withdrawal Form

Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)
a. To: [Name of the entrepreneur]
[Geographical address of the entrepreneur]
[Fax number of the entrepreneur, if available]
[Email address or electronic address of the entrepreneur]
b. I/We* hereby inform you that I/we* withdraw from our agreement concerning
the sale of the following products: [ product description ]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description],
withdraw
c. Ordered on*/received on* [order date for services or receipt date for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. [Signature of consumer(s)] (only if this form is submitted on paper)
g. [Date]

*Delete as appropriate or fill in as applicable.

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