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1.1.? The sale of “Church's” branded products to you through the website accessed at URL address http://www.shbdh.cn/eu/en.html (the “Website") is governed by these General Terms and Conditions of Sale (the "Terms").
The products offered on the Website (the "Products") are sold directly by Church & Co Limited. (“CHURCH”, "we", "us" or "our"). CHURCH is a company incorporated and registered in England and Wales (company number 211135), which has its registered office at St. James, NN5 5JB Northampton United Kingdom. Our registered VAT number is GB294185725. Contact details for CHURCH are provided at paragraph 12.1 of these Terms.
These Terms contain important information about your rights and obligations as well as limitations and exclusions that apply to you, and govern any purchase contract between CHURCH and yourself. When you accept these Terms, these Terms become part of the purchase contract that will be entered into between you and CHURCH.
Please read these Terms carefully before submitting your order to CHURCH. These Terms will tell you who CHURCH is, how CHURCH will deliver products to you, how CHURCH may change or end the contract, what you should do if you have a problem and other important information. If you think there is a mistake in these Terms please contact CHURCH to discuss.
1.2.? The purchase of goods via the Website and governed by these Terms are exclusively reserved to consumers ("you"). As a consumer you may only purchase Products from this Website if you are a natural person (or group of natural persons) i.e. an individual, and are acting for purposes not related to any business, industrial, production, liberal, entrepreneurial, artisanal or professional activities. If you are domiciled in Germany, you can only purchase Products from this Website if you are a natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to your commercial nor your self-employed professional activity.
You may only purchase Products from this Website if you are over the age of 18 (or, if younger, have reached the age of legal capacity in accordance with the laws of your country, and/or you are acting with the consent of or acting through your legal guardian).
The resale or transfer of the Products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3.? The Products offered for sale on the Website may only be purchased if delivered to an address in one of the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland (excluding ?land Islands), Germany (excluding Heligoland and Büsingen), Greece (excluding Mount Athos), Hungary, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta and Melilla) and Sweden. Unfortunately, CHURCH does not deliver to addresses outside of these countries.
1.4.? These Terms and any purchase contract between CHURCH and yourself are only available in English.
1.5.? The purchase of the Products is exclusively governed by the Terms published on the Website at the time of your purchase and in force at the time of the relevant purchase pursuant to and as stipulated by the procedure in paragraph 3.5.
CHURCH reserves the right to amend these Terms from time to time without notifying you. Any amendment to the Terms shall become effective on the date of the publication of the new Terms on this Website ("Effective Date").
Any amendments shall only be effective in respect of purchases made after the Effective Date. Where the Terms are replaced with a new version, the previous version of the Terms will no longer be applicable, effective or enforceable in relation to any purchases made after the Effective Date.
1.6.? If you are domiciled in Hungary, the contract including the Terms between CHURCH and yourself shall not be deemed as a written contract. This shall not affect the validity, applicability or enforceability of or any rights or obligations under these Terms.
2.1.? You acknowledge that the Products offered by CHURCH on the Website are limited in number and you are therefore aware that CHURCH shall need to check their availability. CHURCH shall use reasonable endeavours to ensure Product availability is as up to date as possible. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. At this point we will check availability and therefore please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 4.2 below.
2.2.? Occasionally, Products may be unavailable or partially unavailable. This might be because the Product is out of stock, because of unexpected limits on our resources which CHURCH could not reasonably plan for, because CHURCH has identified an error in price or description of the Product or because CHURCH is unable to meet a delivery deadline specified. In such circumstances, CHURCH shall inform you promptly by e-mail within a reasonable time upon occurrence (and in any case within the deadlines specified below) that the order placed has been cancelled, the reasons for cancellation, and CHURCH will not charge you for the Products. Please see paragraph 4.3 below. In the event the order is only partially unavailable, CHURCH will ask you if you either wish to receive the Products that are available or fully cancel the order.
2.3.? CHURCH reserves the right to vary the Products sold on the Website from time to time. Such variations will not affect orders which have already been confirmed by us.2.3.??
3.1.? Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product photographic images, unit price, colours and sizes (as appropriate). The Website shall indicate clearly, during the ordering process, the accepted means of payment for the Products.
3.2.? Once you have selected the Products that you wish to purchase, your chosen Products shall be placed into a special section (the "Shopping Bag"). The Shopping Bag shall contain: a description of the Products, including details of any applicable measurements or sizes; and one or more digital photographic images clearly showing the Products.
3.3.? The digital photographic images of the Products provided on the Website and the Shopping Bag are for illustrative purposes only. Although CHURCH has made every effort to display colours accurately, CHURCH cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
3.4.? To view the Products selected and the total price of your order, please visit the Shopping Bag page. The purchasing process allows you to check and amend any errors before submitting your order to CHURCH. Please take the time to read and check your order at each stage of the purchasing process. Before confirming the relevant order (hereafter referred to as the "Order"), be careful to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.5.? The purchasing process is completed as soon as you press the relevant final Order confirmation button which shall be clearly labelled "Confirm Order" (hereinafter the "Confirm Button"), thereby validating your Order, which will be directly submitted to CHURCH. By pressing the Confirm Button you explicitly acknowledge that in the event CHURCH accepts your Order, you will be obliged to pay the relevant purchase price of the Order.
3.7.? The purchasing process as set out in this paragraph 3 must be fully completed. Failure to do so will mean that the Order cannot be submitted to CHURCH.
3.8.? CHURCH will use the personal data that you provide to CHURCH: (i) to supply the products to you; (ii) to process your payment for the Products; and (iii) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting CHURCH or by clicking on the “unsubscribe” link, which shall be located at the end of each e-mail sent to you with information about similar Products. CHURCH will only give your personal information to other third parties where the law either requires or allows CHURCH to do so. Your personal information may also be provided to third parties' service providers (such as delivery companies) in order to complete your Order and successfully deliver the Products to you.
3.9.? If you have registered to log in the reserved area of the Website you may check your Order status by logging in such area and accessing the "My Orders" page.
3.10.????? You are aware that you are responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
4.?? Execution of contract
4.1.? Once you have confirmed your Order and pressed the Confirm Button the Order is submitted to CHURCH for processing and cannot be further modified. The Order placed by you shall be processed by CHURCH only if the entire purchasing process has been duly completed, without any error being reported by the Website. No later than 48 hours after placing your Order and without undue delay, you will receive an e-mail from CHURCH acknowledging that we have received your Order.
However, please note that this does not mean that your Order has been accepted. CHURCH's acceptance of your Order will take place as set out below. You may cancel your Order before receiving the Confirmation Email as set forth in paragraph 4.2 below, by notifying CHURCH of your cancellation on the following e-mail address: firstname.lastname@example.org.
4.2.? CHURCH's acceptance of your Order will take place when CHURCH e-mails you to confirm that the Products are available and the contract is concluded ("Confirmation Email"), at which point a contract will come into existence between you and CHURCH.
The Confirmation Email shall be sent to the address you provide in the order form and shall set out a confirmation of the Order and a summary of the details of the Order, such as: the Product's description and main features, the total order price, including any shipping costs, the address and handling procedure for complaints, information on after-sale services, on your right of withdrawal and its exercise.
a)??? the Products included in the Order are unavailable or temporarily unavailable, in relation to which please see paragraph 2 above;
b)??? there is a dispute between CHURCH and you relating to a previous Order;
c)???? you breached the Terms on previous occasions or have not fulfilled your obligations arising therefrom;
d)??? CHURCH becomes aware that you are purchasing the Products in order to resell them or sell them for commercial or professional purposes; and
e)??? you have been involved in, or are suspected of, illegal or fraudulent activities.
If one or more of such events occurs, CHURCH shall inform you by e-mail, within 30 days of the date of receipt of the Order, of the cancellation of the Orders received. In such case, your Order shall not be deemed to have been accepted by CHURCH.
In the event of partial unavailability of the Products, before receiving the Confirmation Email you shall be in the position to choose either to receive only the Products available or fully cancel the Order.
If the cancellation is only partial, you shall only be charged for the price of the Products actually purchased.
5.?? Price and Method of Payment
5.1.? The prices of all Products offered for sale on the Website are inclusive of VAT or any relevant applicable local tax. If the rate of VAT changes between your order date and the date CHURCH supply the Product, CHURCH will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.2.? The relevant prices shall be shown in Euro (EUR).
5.3.? The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately pursuant to paragraph 6.4. In any event, CHURCH shall seek your express consent to charge any additional cost where applicable.
5.4.? The prices shown on the Website and displayed in the Shopping Bag section upon confirmation by you of the Order by pressing the Confirm Button shall be charged to you, provided that the Products ordered are available in that moment.
CHURCH reserves the right to modify the prices of the Products offered for sale on the Website at any time. Such modifications shall only apply to future orders and shall not affect orders which have already been placed by you.
5.5.? CHURCH only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6.? For the purposes of credit card payments, you confirm and warrant that you are the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to you only following: (i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by you of the debit authorisation, and (iii) CHURCH's confirmation that the Product is available and, in any event, after the Order is ready to be processed.
No amount will be charged at the time of submission of the Order.
5.7.? For the purposes of payment through other payment service providers, you confirm and warrant that you are the owner of the account used for the purchase.
You shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from CHURCH.
5.8.? The purchased Products shall only be shipped after due payment of the amount owed by you.
In the event you cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and you shall be subsequently notified accordingly.
5.9.? In the event one or more Products are unavailable and you have decided not to fully cancel the Order, you shall only be charged the price of the available Products and the possible related shipping costs.
5.10.? The data provided for credit card payment shall be treated as confidential and/or personal and shall be dealt with in accordance with the applicable European Union and applicable member state legislation.
6.1.? The Products shall be delivered to the address indicated by you in the Order. Your signature shall be requested upon delivery of the Products.
If CHURCH cannot deliver your Order to the given address due to your absence, CHURCH’s client service will contact you in order to arrange a new delivery. If the Order could not be delivered for reasons that are not attributable to CHURCH within eight (8) days following the date your Order was available for the delivery, CHURCH will assume that you want to withdraw from the contract. As a result of the withdrawal from the Contract, all payments that were received from you, including shipping costs (except for any additional costs arising from your choice of delivery in reference to paragraph 8.8) shall be refunded and the contract has to be deemed as definitely terminated.
6.2.? For security reasons, CHURCH shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3.? The Products offered for sale on the Website may only be purchased and delivered to addresses in the countries indicated above (paragraph 1.3). In light of the foregoing, any Order entailing delivery outside of these countries shall be automatically rejected upon processing of the Order.
6.4.? In the event you are subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense before completion of the filling in of the Order and prior to pressing the Confirm Button.
6.5.? In compliance with the applicable laws currently into force, the term within which CHURCH is required to deliver the Products purchased is within a maximum of 30 (thirty) days from the date CHURCH accepts your Order, except where an event occurs which is beyond the reasonable control of the affected party and which are not attributable to any wilful act, neglect or failure to take reasonable preventative action by the affected party and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, earthquake or other adverse weather conditions ("Force Majeure Event"). You should examine the Products when you receive them.
6.6.? In the event CHURCH does not deliver the Products ordered within the above timeframe, you may request that CHURCH delivers such Products within an additional time adequate to the circumstances ("Additional Delivery Time"). However, you have legal rights if CHURCH refuses to perform your Order or delivers any Products late, including if CHURCH fails to deliver Products within the Additional Delivery Time. If CHURCH misses the agreed delivery deadline for any order of Products then you may treat the contract at an end straight away. If you do choose to treat the contract as at an end for late delivery under this paragraph, you can cancel your Order for any of the Products or reject Products that have been delivered.
6.7.? In order to cancel your Order, you may e-mail CHURCH on the e-mail address provided at paragraph 4.1 above setting out your reasons for cancellation. In the event that you have ordered multiple Products, if you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that CHURCH will refund any sums you have paid to CHURCH for the cancelled Products and their delivery without undue delay. If the Products have been delivered to you, you must either post them back to CHURCH or (if they are not suitable for posting) allow us to collect them from you. CHURCH will pay the costs of postage or collection. Please contact CHURCH in accordance with paragraph 8.
6.8.? CHURCH reserves the right to split an order into multiple shipments, according to the availability for shipments of the Products. In this case, CHURCH shall inform you on the Website and by e-mail and may either charge you for the Products as and when these are shipped or as a single payment.
6.9.? As soon as the purchased Product is shipped, you shall receive an e-mail to the address indicated in the Order. Such e-mail shall contain a shipment tracking code and an exclusive link that will allow you to real-time monitor the delivery.
CHURCH's Customer Service shall provide the assistance required for any potential problem relating to the delivery. You may contact CHURCH's Customer Service by e-mail at: email@example.com.
6.10.? You shall bear the risk of loss or damage to the Products from the moment in which you, or a third party appointed by you and other than the carrier, physically takes possession of such Products.
In the event that, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to you or a third party appointed by you, CHURCH shall refund you any amounts already paid.
7.??? Product Conformity
7.1.? The Products will be provided to you without defects. CHURCH has complied with all EU and other applicable regulatory requirements in relation to packaging and safety of Products.
7.2.? At the time of delivery, you should check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to you.
7.3.? ?In the event the Products delivered are of unsatisfactory quality, unfit for purpose or not as described, you shall be entitled to demand that the Product conformity be restored either through the fixing or replacement of the Product by CHURCH promptly and free of charge. You may demand replacement of the Products instead of the removal of the defect, or if the defect concerns only a part thereof, you may demand the replacement of such a part, unless CHURCH thereby incurs inadequate costs with respect to the price of the Products or materiality of defect. CHURCH may always replace the defective Products with the new Products instead of removal of the defect, unless such replacement causes serious problems to you.
If the Products have a defect that may not be removed and prevents the proper use of the Products, you shall have the right to the replacement of the Products or the right of withdrawal from the contract. You shall have the same rights if the defects may be removed but you may not use the Products due to the repeated occurrence of the defect after the repair or due to a large number of defects. If the Products have other defects that may not be removed you may request either (i) a reasonable reduction in price, or (ii) termination of the contract and subsequent refund of the purchase price paid.
It is understood that you shall lose such right if you do not notify CHURCH regarding the lack of conformity of the Product within two (2) months from the date the defect was discovered, unless you are domiciled in Poland, in which case you must notify CHURCH within two (2) years. If you are domiciled in Bulgaria, if any damage or otherwise defect to the Product is initially visible, you must inform CHURCH immediately. If damage or other defect to the Product is hidden, you must inform CHURCH within six (6) months.
In accordance with applicable law, CHURCH is only liable for the lack of conformity of the Products revealed within two (2) years from the receipt of the corresponding Product.
7.4.? In order to notify the existence of product defects and lacks of conformity and to demand one of the remedies listed above, you may contact CHURCH at the addresses indicated in section 12 below.
8.1.? You have the right to withdraw from the contract without any reason within fourteen (14) days of receipt of the Products. For split Orders, the relevant term shall begin on the day of receipt of the latest Product. You may also exercise your right of withdrawal in the period between the acceptance of your Order by CHURCH and the delivery of the Products.
8.2.? In order to exercise the right of withdrawal, you may use the specific form accessible in the "Returns" section of the Website or directly in the "My Account" section if you are registered on the Website (if a specific form is required for your country this will be included). To this end, you should: (i) fill in the online form relevant to your country with the information required, (ii) apply on the parcel the sticker with the return address found therein, (iii) prompt a withdrawal request to the courier appointed by CHURCH by sending an e-mail to firstname.lastname@example.org with a copy to email@example.com, specifying the address, telephone number and the selected date of collection of the parcel, such date to be confirmed with the courier. A form with the instructions for product returns shall be put into each parcel containing the Products purchased. CHURCH shall send you an e-mail confirmation that it has received your withdrawal notification without undue delay.
8.3.? In the event you comply with the procedure set forth in the preceding paragraph, the courier appointed by CHURCH shall collect the parcel containing the Products to be returned with no charges to you.
If, on the other hand, you do not comply with such procedure, but you inform us of cancellation by making an unequivocal communication of your decision to cancel, the return costs, and any liability for loss, theft, damage or delay in the delivery unless is otherwise provided for by an applicable mandatory law, shall be borne by you.
8.4.? You may also request the address to which the Products must be returned to by contacting CHURCH at the following e-mail address: firstname.lastname@example.org.
8.5.? You undertake to return the Products for which you have exercised the relevant right of withdrawal without undue delay and, in any case, within fourteen (14) days from the date the exercise of the right of withdrawal is notified to CHURCH.
8.6.? Products must be returned in the same conditions in which they were delivered. You must therefore ensure that you have checked the Product in exactly the same way as you would do in a shop, meaning, that the Products are intact and complete, that they have never been used, worn or damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged. CHURCH shall check the packaging and conditions of each Product returned, an essential requirement for the exercise of the right of withdrawal being the substantial integrity of such Products. CHURCH accepts that damage to packaging of Products is inevitable when opening the packaging to inspect the Product.
CHURCH reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used, contrary to good faith, beyond purposes other than for the identification and verification by you which is strictly necessary to ascertain the characteristics and type of the Product purchased.
In the event the return is rejected, CHURCH shall send a specific notice to you and shall consequently not proceed to credit the total amount paid by you, reserving as well the right to claim compensation for any damage attributable to your behaviour.
8.7.? CHURCH shall refund any amounts due for the Products returned without undue delay and in any case within fourteen (14) days of the date on which CHURCH becomes aware of the exercise by you of the right of withdrawal.
In any event CHURCH reserves the right to withhold the refund either until receipt and verification of the Product or until proof by you that you have returned the product duly and in intact conditions, whichever occurs first. The aforementioned refund shall be made by crediting the amount paid by you with the same payment method used for the purchase, unless otherwise expressly agreed by you and provided that no additional costs are incurred as a result of the refund. CHURCH shall inform you by e-mail of the amount.
8.8.? CHURCH shall not be under the obligation to refund the delivery costs of the Products in the event you have specifically selected a delivery method other than the standard delivery offered by CHURCH.
8.9.? The return of Products under this section is only permitted in respect of purchases made on the Website.
9.?? Limitation of liability
9.1.? If CHURCH fails to comply with these Terms, CHURCH is responsible for losses or damages you suffer that are a foreseeable result of CHURCH breaking this contract or CHURCH failing to use reasonable care and skill, but to the extent permitted by applicable law, CHURCH is not responsible for any loss or damage that is not foreseeable and cannot be avoided. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both CHURCH and you knew it will happen, for example, if you discussed it with us during the sales process.
9.2.? You agree not to use the Products for any commercial, business or re-sale purposes, and CHURCH has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity unless the respective loss or damage is based on the wilful conduct of CHURCH. CHURCH only supplies the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose CHURCH will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity unless the respective loss or damage is based on the wilful conduct of CHURCH.
9.3.? CHURCH does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the Products, including the right to receive products which are: as described and match information CHURCH provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and (iii) defective products under all applicable consumer protection laws.
9.4.? Subject to paragraph 9.3, and to the extent permitted by law, our total liability to you in respect of all other foreseeable losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order, except if you are domiciled in Slovakia, Poland, Bulgaria and Croatia.
10. Product authenticity and intellectual property rights
10.1.? CHURCH warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2.? The "Church’s" trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the "Church’s" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the PRADA Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11. Disputes and Governing Law
11.1.? These Terms are governed by English law and shall be construed accordingly, without prejudice to any other imperative provision of law to which you are entitled in the country in which you are habitually resident.
11.2.? In the event of a dispute arising from the interpretation and/or application of these Terms, the court of the place where you are domiciled or resident shall have exclusive and mandatory jurisdiction.
Alternatively, the customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr, or:
(i)??? in Bulgaria, an Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission http://www.ecc.bg/;
(ii)?? in Estonia, the Estonian Consumer Protection Board, Pronksi 12, 10117 Tallinn, email@example.com;
(iii) in Latvia, the Consumer Rights Protection Centre (Brīvības iela 55, Centra rajons, Rīga, LV-1010, www.ptac.gov.lv/en);
(iv)? in Lithuania, the State Consumer Rights Protection Authority, Vilniaus g. 25, 01402 Vilnius, www.vvtat.lt; and
(v)?? in Slovakia, under Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended.
12.1.? For any complaint, additional information or assistance relating to the Website or to the purchasing process and, for any request for information and/or clarifications in respect of the Terms, you may contact CHURCH by sending an e-mail to the following address: firstname.lastname@example.org or contact the E-commerce Client Service at Via Orobia 3, 20139 Milano, Italy, or you may call our international toll-free number 0800 1873 0000.
If CHURCH needs to contact you we will do so by telephone or by writing to you at the e-mail address you provided to us in your order.
Last updated: December 17th, 2018
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