terms & conditions

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TERMS OF WEBSITE USE

This page (and the documents it refers to) tells you the terms of use on which you may use or browse our website www.horsedrawn.co.uk (or redirected from www.atlasart.co.uk) (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

ABOUT US

website www.horsedrawn.co.uk (or redirected from www.atlasart.co.uk) is a site operated by Ruth Buchanan t/a Atlas Art ("we" or “us”). Our address is Clinton Cottage, Front Street, Bramham, Wetherby LS23 6RD, UK and our email address is ruth@ruthbuchanan.co.uk.

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our Acceptable Use Policy when using our site.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

 

INTELLECTUAL PROPERTY RIGHTS including ©Copyright.                                                                            see full copyright notice

We are the owner of all intellectual property rights in our website, and in the material including all images published on it. These works, including all images and text, are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to view this website and the material on this website on a computer or mobile device via a web browser, to copy and store this website and the material on this website in your web browser cache memory. You may not reproduce in any format (including on another website) any part of our website (including content, images, designs, look and feel) without our prior written consent. Other than the above, we do not grant you any other rights in relation to this website or the material on this website and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.  If you print off, reproduce, copy or download any part of our site in breach of this notice, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.

 

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy.

LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please address your request to ruth@ruthbuchanan.co.uk

UPLOADING MATERIAL TO OUR SITE – including commenting on blogs

When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy.

If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.

Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:

    • loss of income or revenue;

    • loss of business;

    • loss of profits or contracts;

    • loss of anticipated savings;

    • loss of data;

    • loss of goodwill;

    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Ecommerce Terms

If you want to make a purchase from this website, you will be asked to accept these terms before payment is accepted.

Terms and Conditions of Supply of HorseDrawn.co.uk

1.              Introduction

HorseDrawn.co.uk (“site”) is owned and operated by Ruth Buchanan trading as Atlas Art, with our business address at Clinton Cottage, Front Street, Bramham, Wetherby, West Yorkshire LS23 6RD, UK. Ruth Buchanan t/a Atlas Art is not currently VAT registered.

 

Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.

2.              Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

 Please check these terms and conditions periodically for changes.

Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

3.              Privacy policy and Acceptable use policy

  • 3.1 Use of this website is subject to our Acceptable Use Policy. Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy.

  • 3.2 Copyright © 2015-2021. All rights reserved. Ruth Buchanan of Clinton Cottage, Front Street, Bramham, Wetherby. LS23 6RD. UK. Images are digitally watermarked and digitally traceable.

a) We are the owner of all intellectual property rights in our website, and in the material including all images published on it. These works are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to view this website and the material on this website on a computer or mobile device via a web browser, to copy and store this website and the material on this website in your web browser cache memory. You may not reproduce in any format (including on another website) any part of our website (including content, images, designs, look and feel) without our prior written consent. Other than the above, we do not grant you any other rights in relation to this website or the material [including copy and images] on this website and all other rights are reserved.

b) For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.  If you print off, reproduce, copy or download any part of our site in breach of this notice, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

c) We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.

4.              Products

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a [2%] tolerance. Products delivered and packaging may vary slightly from those images. 

5.              Gift Cards

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a [2%] tolerance. Products delivered and packaging may vary slightly from those images. 

 

6.              Age restriction

You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

7.              Acceptance of order

  • 6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation). We are not bound by the Order unless we accept it in writing.

  • 6.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.

  • 6.3 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.

  • 6.4 If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.

 

8.              Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

9.              Representations

  • 8.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

  • 8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

  • 8.3  Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

10.              Right to cancel

  • 9.1 Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 9.2 below.

  • 9.2  You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:

1) Your Contract is for a single Product (which is not delivered in instalments on separate days).

End of the cancellation period is 14 days after the day on which you received the Product. Example: if we provide you with a Dispatch Confirmation on 1 April and you received the Product on 10 April you may cancel at any time between 1 April and the end of the day on 24 April.

2) Your Contract is for either: • one Product which is delivered in instalments on separate days. • multiple Products which are delivered on separate days.

End of the cancellation period is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example:  if we provide you with a Dispatch Confirmation on 1 April and you receive the first instalment of your Product or the first of your separate Products on 10 April and the last instalment or last separate Product on 15 April you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 April and the end of the day on 29 April.

3) Your Contract is for the regular delivery of a Product over a set period.

End of the cancellation period is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 April in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 April, you may cancel at any time between 1 April and the end of the day on 24 April. 24 April is the last day of the cancellation period in respect of all Products to arrive during the set period (eg year).

  • 9.3 If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.

  • 9.4 However, you cannot cancel Contract in below cases:

a) Ebooks. Services already delivered, eg online training deliverables (workbooks and video downloads.

b)  once the Products are unsealed.

c)  if Products are mixed inseparably with other items after their delivery.

10.            Return and Refund

  • 10.1 Returns and refunds

a) To cancel a Contract in accordance with clause 9 above, you should fill in the cancellation form available on our Site. On receipt of your cancellation form we will e-mail you confirmation of receipt.

b) You can also e-mail us at ruth@ruthbuchanan.co.uk or contact us at +44 (0)7483148360 or by post to Ruth Buchanan t/a Atlas Art, Clinton Cottage, Front Street, Bramham, Wetherby, West Yorkshire, LS23 6RD, UK. If you are emailing us or writing to us please include details of your order.

c) If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

d) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us at +44 (0)7483148360 or by emailing us at ruth@ruthbuchanan.co.uk, or by post to Ruth Buchanan t/a Atlas Art, Clinton Cottage, Front Street, Bramham, Wetherby, West Yorkshire, LS23 6RD, UK. If you are emailing us or writing to us please include details of your order.

e) We will contact you or give you notice by e-mail or by pre-paid post to the address you provided us with your order.

 

  • 10.2  If you cancel your Contract we will:

a) refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner. See our Returns page for information about acceptable handling.

b)  refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.5;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.

  • 10.3 If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us

  • 10.4 Refunds will be made to you on the credit card or debit card used by you to pay. We will refund you in vouchers if you used vouchers to pay for our Products.

 

  • 10.5 If a Product has been delivered to you prior to your decision to cancel your Contract:

a)  then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for our returns address. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered;

b) you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery.

 

  • 10.6  As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

 

11.            Delivery

  • 11.1  We will let you know the estimated delivery date which will be within 30 days after the date of the Dispatch Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 20 below.

  • 11.2 If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.

  • 11.3 Delivery of an Order shall be deemed to be completed when:

(i)  we deliver the Products to the address given by you;

(ii)  we deliver the Products directly to you; or

(iii) a carrier organised by you to collect Products from us collects the Products from us

and you will be responsible for the Products from that time.

  • 11.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

  • 11.5 If we fail to deliver Products within 30 days, then you may cancel your Order straight away if any of the following applies to you:

a) we have refused to deliver the Products;

b) delivery within the delivery deadline was essential considering relevant circumstances; or

c)  you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

  • 11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your order if we do not meet the new deadline.

  • 11.7 You can cancel your order under clause 11.5 or clause 11.6, only for some of the Products: greetings cards, Limited Edition or Open Edition prints, original paintings, printed books or all of them, unless splitting them up would significantly reduce their value.

12.            International delivery

  • 12.1 We deliver Worldwide. Purchase and Shipping charges are exclusive of local taxes which will be need to be paid by you on or before delivery. Please take into consideration your country’s import duties and calculate before ordering any Products. We are not liable for any import, sales, or VAT taxes within your delivery address’s jurisdiction.

  • 12.2 Delivery of Products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact your local customs office for information on this.   

  • 12.3  You agree to comply by all applicable laws of country to which Products are delivered and we shall not be liable for any such violations.

13.            Price and delivery charges

  • 13.1 Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

  • 13.2 Delivery cost is not included in the price specified for a Product. It will be added to the due amount at checkout.

  • 13.3  Despite our best efforts, there may be incorrect prices on some of the Products. If the Products' correct price is less than a price shown on our site, the lower amount will be charged. If the Products' correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

14.            Payment

Payment for Products is to be made in advance by credit or debit card. At Checkout, you can choose to make payment pay either through Paypal or through Stripe Payment Portals.

15.            Our warranty for the Products

  • 15.1         We guarantee that Products shall be free from material defects for a period of 3 months from the date of delivery. However, this guarantee does not apply to any defects in the Products arising from:

(a)         normal wear and tear;

(b)        any alteration or repair by you or by a third party not authorised by us as a repairer;

(c)         wilful damage caused by abnormal storage or working conditions, accident, negligence by you or by any third party; and

(d)        any specification provided by you.

  • 15.2         This warranty is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described. You can seek legal advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

16.            Limitation of liability

  • 16.1 We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms.

  • 16.2 Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

  • 16.3 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(c)  defective products under the Consumer Protection Act 1987;

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

17.            Circumstances beyond our control

  • 17.1         If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

  • 17.2         Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, pandemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

  • 17.3         If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

  • 17.4         you will be notified as soon as reasonably possible; and

  • 17.5         the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

  • 17.6         If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days in accordance with our cancellation rights in clause 10.

18.            Notice

  • 18.1         Any notice to us should be in writing and sent to us by e-mail to Ruth Buchanan t/a Atlas Art at ruth@ruthbuchanan.co.uk, or by hand, or by pre-paid post to Ruth Buchanan t/a Atlas Art, Clinton Cottage, Front Street, Bramham, Wetherby, West Yorkshire LS23 6RD, UK.

  • 18.2         Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.

19.            Miscellaneous

  • 19.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

  • 19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

  • 19.3  This contract is only between you and us. No other third person shall have any rights to enforce any terms.

  • 19.4  Each paragraph of these Terms are separate and distinct from each other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

  • 19.5  Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

  • 19.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.  However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

 

20.            Contact us

For any questions or queries you can contact us

  • by telephone at +44 (0)7483148360;

  • or e-mail us at ruth@ruthbuchanan.co.uk;

  • or by hand, or by pre-paid post to Ruth Buchanan t/a Atlas Art, Clinton Cottage, Front Street, Bramham, Wetherby, West Yorkshire LS23 6RD, UK.

 

 

APPENDIX

FORM OF CANCELLATION

(Please copy, complete and return this form only if you wish to withdraw from the contract

or download the pdf form)

 

To Ruth Buchanan t/a Atlas Art,

Clinton Cottage, Front Street, Bramham, Wetherby, West Yorkshire LS23 6RD, UK.

+44 1937849362

ruth@ruthbuchanan.co.uk.

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Ordered on [*]/received on [*],

 

Order number (if known)

 

Name of consumer(s):

 

Address of consumer(s):

 

 

 

Post/zip code:

 

Email address of consumer(s):

 

Telephone number of consumer(s):

 

 

Signature of consumer(s) ……………………………………………………………………………………………

(only if this form is notified on paper)

 

 

Date…………………………………………………….

 

[*] Delete as appropriate

 

Pdf download

 
 
 

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