adidas Terms & Conditions

These adidas Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.

1. INTRODUCTION

www.adidas.ch (the "Website") is owned by and/or operated by or on behalf of adidas Sport GmbH, Verwaltung, Brunnmatt 20, 6330 Cham/ZG, Switzerland ("adidas/we/us").

If you place an order through this Website, upon confirmation that such order is accepted a contract of sale will be executed between you and us, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.

adidas AG is the parent company of the adidas Group, which includes several affiliated companies; among them, adidas Sport GmbH .

2. PURCHASE TERMS

Please read these Purchase Terms carefully before ordering Products online from the Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.

2.1 When do these Purchase Terms apply?

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms when you order (i) anything from the Website or (ii) at any web page directly connected to the Website, or when you accept an offer from us. It is only possible to deviate from these Purchase Terms if we agree in writing.

2.2 Products

For the purposes of these Purchase Terms, “Products” means any of our products shown on the Website or any webpage directly related to the Website.

2.3 Requirements to conclude a contract with us

You have to be 16 years of age or older and have full discretion to buy Products via the Website.

You can only order on the Website if you are a consumer, not a reseller.

You guarantee that the information you provide to us in the request or order is accurate and complete.

2.4 How is a contract concluded with you?

All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.

We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.

All orders submitted by you are subject to acceptance by us. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

if Products are shown on the Website but are not or are no longer available;
if we are unable to obtain authorisation of your payment;
if shipping restrictions may apply to a Product; or
if Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.

After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and us will not take place unless and until you receive an e-mail from us which confirms the shipping of the Products from our warehouse.

Please note that in the case of limited edition or limited production Products extra restrictions such as a limit to the number of such Products per order may apply. These extra restrictions will be made known to you via the Website.

adidas has and fully reserves the right to refuse to accept any order that it knows or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.

2.5 Retention of title

All Products will remain our property until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title into the Product has passed to you.

2.6 Quality and maintenance of Products

Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variations and deviations.

We draws your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.

2.7 Order Cancellation

Because we start to process your order as soon as it is submitted, it is generally not possible to cancel your order. However, whilst we make no guarantee, it may be possible to cancel your order a short time after it is placed by following the instructions in the Ordering section of our Website

2.8 Price

The stated prices include VAT. Prices are quoted in Swiss Franc (CHF). We reserve the right to make price changes prior to an order placed by you.

We reserve the right to change, limit or terminate any special offers or discounts at any time.

We charge delivery costs. For further cost details, please see section 2.11 of these Purchase Terms or the Delivery section on our Website. These costs will, if applicable, be charged separately, itemised and added to with the total amount of the order.

2.9 Methods of payment

Please check the Website for information on available payment methods.

We reserve the right to conduct an individual credit check for each order in accordance with our Privacy Policy. Depending on the results of this check, we reserve the right to refuse certain methods of payment.

2.10 Invoicing

Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

2.11 Delivery

We will deliver to the address indicated by you within Switzerland, excluding Samnau and Sampuoir. We can only deliver to a home or office address. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring address or a local parcel collection point (for example, a post office), after which we are deemed to have met our obligation to deliver the Products. The carrier will notify you of the delivery to such alternative address.

Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouses are located. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country of residence and in the city of Rieste, Germany. Deliveries will be done on business days, not being a public holiday in your country or in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country of residence and in the city of Rieste Germany (our warehouse address). Note that public holidays may vary per country and per year.

For detailed information about delivery periods, please check the specifications in the ‘Delivery‘ section of our Website. Note that delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. We are entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.

In the unlikely event that after entering into the sales contract, we can no longer deliver your Products and are not responsible for this situation, we will be entitled to terminate the sales contract. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.

2.12 Returns Policy

For practical information and the instructions for returning Products please see the Return section of the Website.

In the event that you have a right to withdraw from a contract of sale with us (and thus return your Product) in accordance with Sections 2.13 or 2.14, the following conditions apply.

Notification and Return of Products

To exercise your right of withdrawal you must inform us (adidas International Trading BV, skr. poczt. Nr 315, ul. Targowa 73, Warsaw, 03-700, Poland) submitting a clear declaration (e.g. a letter sent by post, a fax or an email) stating your decision to withdraw from the contract of sale. You can use the sample withdrawal form attached as Appendix 1 to these Terms and Conditions, however, this is not mandatory. You may also withdraw from the contract of sale electronically by filling in the explicit withdrawal declaration on our website at https://www.contactus.adidas.com/EMEA/ContactUs?country=CH&brand=adidas&language=de. If you use this option, we shall confirm receipt of order withdrawal via email.

To meet the withdrawal period deadlines specified in Sections 2.13 and 2.14 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.

The Product must be returned (following the instructions on the Website) to:

adidas Sport GmbH

c/o MS Direct

Postfach

9029 St.Gallen

We shall bear the costs of returning the Products, save that returns not made in accordance with the instructions set forth above - including the instructions set out on the Website - shall be at your own risk and at your expense.

We shall notify you via email once we have received and processed the returned Product(s).

Exceptions to your right of withdrawal

You do not have a right of withdrawal, whether pursuant to Section 2.13 or Section 2.14, for contracts regarding the:

delivery of products that are made to your own specifications or which are clearly tailored to your personal needs; and/or

delivery of Products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.

2.13 Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period shall be fourteen days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Withdrawal Period”).

You must send back or submit the Products immediately after, but in any event no later than fourteen (14) days from, the date on which you inform us about the withdrawal from the contract of sale. This deadline shall be deemed met if you send the Products before this deadline expires.

If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns Policy (Section 2.12) and this Section 2.13, we shall reimburse all payments we received from you, including delivery charges (with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available), at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned Products, or until you have submitted proof that you have returned the Products, whichever comes earlier.

You only have to pay for any diminished value of Products if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the Products.

2.14 Voluntary Return Guarantee

In addition and without prejudice to your right of withdrawal pursuant to Section 2.13 (and any other applicable statutory rights), we grant you an additional Voluntary Return Guarantee. This allows you to withdraw from the contract of sale, without specifying any reasons, for an additional 86 days beyond the Withdrawal Period, so a total return period of 100 days (“Voluntary Return Period”), as a contractual right of withdrawal with respect to a Product ordered.

We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns Policy (Section 2.12) and the following conditions.

The Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed (none of the aforementioned affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal pursuant to Section 2.13).

We must be in receipt of the Product(s) you are returning prior to the end of the Voluntary Return Period.

We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Products that do not comply with these conditions.

If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Policy (Section 2.12) and this Section 2.14, we will reimburse all payments we received from you, including delivery charges (provided the returned Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within fourteen (14) days after our receipt of the Product(s). For this repayment we shall use the same method of payment that you used making the original transaction and you will not be charged any fees for such repayments under any circumstances.

2.15 Exchange policy

We do not exchange Products. If you wish to exchange a Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the right to return arises in relation to the rights of withdrawal set forth in Sections 2.13 or 2.14 of these Purchase Terms.

2.16 Damaged or defective Products

For us, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. We have a legal obligation to make sure that our Products conform to the contract of sale.

Returned Products are inspected by our Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.

If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:

obtained from a source other than the Website;
that are damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
that are damaged by misuse or activities other than the intended purpose (use of running shoes for court sports or hiking footwear as work boots, etc.)

Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.

Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments. You can contact us by phone or email, using the information provided here.

3. USE OF THE WEBSITE

Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any adidas content on social media websites, including without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

3.1 Content on the Website

All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by adidas AG, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with adidas, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of adidas AG, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

3.2 Copyright and trademarks

The copyright in all Content is and remains owned by adidas AG, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of adidas. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by adidas. adidas does not transfer title to the Software to you. You own the medium on which the Software is recorded, but adidas retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names which appear on products of adidas Group, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of adidas AG, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without adidas' prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of adidas.

3.3 Disclaimer of warranties

The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.

adidas does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, adidas will not provide for specific IT infrastructure or connectivity. Thus adidas cannot represent or warrant the Website will be uninterrupted or error free. adidas does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

3.4 Limitation of liability

Your use of the Website is at your own risk. Neither adidas, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if adidas has been advised of the possibility of any such damages.

3.5 Links to third parties

For your convenience and to improve the usage of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside adidas’ service and off the Website and are beyond adidas’ control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as a privacy policy. adidas is not responsible and cannot be held liable for the content and activities of these Websites. You therefore visit/access these Websites entirely at your own risk.

Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Websites prior to using them.

3.6 Misuse of the Website

You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. adidas may deny you access to the Website at any time in its sole discretion, and which shall include situations where adidas believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.

You are also prohibited from using the Website to advertise or perform any commercial solicitation.

You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person's use of the Website or to help facilitate any third party to purchase any product on the Website.

You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.

3.7 User generated content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, adidas shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that adidas only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. adidas shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall adidas be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of adidas. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep adidas and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.

Reebok reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which adidas believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to adidas.

You agree to promptly notify adidas in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to adidas sufficient information to enable adidas to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. adidas agrees to make good faith efforts to investigate such complaint and shall take such action as adidas in its sole discretion decides. However, adidas does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

3.8 Unsolicited ideas

adidas maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to adidas business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to adidas. You should therefore not post any Materials on the Website or send these to adidas by e-mail or otherwise.

4. MISCELLANEOUS

4.1 How can you contact us?

If you have any questions or comments about the Website or the adidas Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service by clicking here.

4.2 Priorities

In case of contradiction between adidas Terms and Conditions and any content contained in other parts of the Website or in links, adidas Terms and Conditions contained in this document prevail.

4.3 Amendments to the adidas Terms and Conditions

We reserve the right to make changes to these Terms and Conditions at any time.

The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the adidas Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).

Please check the adidas Terms and Conditions periodically for changes.

4.4 Data protection

The adidas Group fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose we use your information, and under what circumstances we disclose information to third parties please see our Privacy Statement and Cookie Policy, which are incorporated into and form part of these Adidas Terms and Conditions.

By creating a global Adidas single account or placing a purchase order, you understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.

4.5 Severance

Each provision of the adidas Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these adidas Terms and Conditions.

4.6 Sub-contracting and assignment

adidas reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under adidas terms and conditions provided that your rights under adidas terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the adidas terms and conditions without our consent in writing.

4.7 Events beyond reasonable control

We will be not held responsible for any delay or failure to perform or comply with our obligations under the adidas terms and conditions when the delay or failure arises from any cause which is beyond our reasonable control.

4.8 Applicable law and jurisdiction

The adidas Terms and Conditions shall be governed by the laws of Switzerland.

Swiss law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

You and adidas hereby submit to the non-exclusive jurisdiction of the Swiss Courts.

4.9 Information regarding batteries

Some of the Products sold by adidas may contain batteries.

Batteries and rechargeable batteries that contain hazardous substances are clearly identified bearing the symbol of a crossed-out dustbin. The chemical designations of the corresponding hazardous substances may be indicated under the symbol of the crossed-out dustbin. Examples include (Pb) lead, (Cd) cadmium and (Hg) mercury.

Old batteries and rechargeable batteries must not be disposed of with normal household waste. These can be handed over free of charge to a community point of collection or a shop. You may also return purchased batteries and rechargeable batteries (without devices) to our offices in person. Please do not send in any batteries by post.

APPENDIX 1 to these General Terms and Conditions

"- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Sample withdrawal form

To

adidas International Trading B.V.

skr. poczt. Nr 315,

ul. Targowa 73,

Warsaw, 03-700,

Poland

I/We* hereby give notice that I/We withdraw from my/our contract of sale of the following goods /for the provision of the following service):

______________________________________________________________

______________________________________________________________

_____________________________________________________________

Ordered on*/received on*:

______________________________________________________________

______________________________________________________________

______________________________________________________________

Name of consumer(s) and order number:

______________________________________________________________

______________________________________________________________

______________________________________________________________

Address of consumer(s):

______________________________________________________________

_____________________________________________________________

______________________________________________________________

Date/Signature of consumer(s) (only if this form is notified on paper)

______________________________________________________________

______________________________________________________________

______________________________________________________________

(*) Delete as appropriate.

Stan Smith

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