Terms of Sale
Please read the following important terms and conditions carefully before you purchase any product(s)/services from Euronics.co.uk as they form the basis of any sales contract with you.
Please note:
Sometimes the terms refer to “Seller” and by this we mean either ourselves (Euronics Ltd), or a Euronics’ Agent – depending on who you purchased the product(s)/services from (this will be highlighted to you during the order process).
PURCHASING FROM THE SITE
1. About Euronics.co.uk (“Site”)
Euronics Ltd (“Euronics”, “we”, “us”, “our”) operates the Site, which is an online marketplace platform where we, and our network of independent electrical specialists (“Euronics’ Agent(s)”) make product(s)/services available to you for purchase.
Euronics is registered in England and Wales (company number 03029834), its registered office is at Euro House, Joule Road, West Portway, Andover, Hampshire SP10 3GD and that is also its main trading address. Euronics' VAT number is 73728322.
Euronics is formed by a network of Euronics’ Agents with retail outlets. These are in many cases family run businesses of which several have been established for generations and are part of many local communities and high streets.
2. What happens when you purchase product(s)/service(s) from Euronics
When you purchase a product(s)/service(s) from the Site that are sold by Euronics you enter into a sales contract with us. The product(s) will be delivered from our central warehouse directly to your local Euronics’ Agent store. The Euronics’ Agent will then deliver the item on our behalf and where chosen, install and dispose of your old product(s). It's the perfect blend of national service, delivered on a local scale.
3. What happens when you purchase product(s)/service(s) from a Euronics’ Agent
When you purchase a product(s) from our Site sold by a Euronics’ Agent you enter into a sales contract with that Euronics’ Agent. The product(s) will be delivered by the Euronics’ Agent from their own local stock. Where chosen, the Euronics’ Agent will install and dispose of your old product(s).
Where the product(s)/service is sold to you by a Euronics’ Agent we are not a party to the contract and we are not responsible for the sale of those product(s)/services. The Euronics’ Agent will be solely responsible for the supply of your product(s)/services.
4. How do I know who the seller of the product(s) is?
During the order process you will be notified of who the seller is - this will be indicated by “sold by”.
If the product(s) is “Sold by Euronics”, we, Euronics Ltd will be the seller of the product(s)/services. A Euronics’ Agent will perform the delivery and any services on our behalf.
If the product(s) is “Sold by a Euronics’ Agent” the Euronics’ Agent will be the seller of the products/services and they will perform the delivery and any services on their own behalf.
5. Agreeing to these terms
These are the terms (together with the documents referred to in it) on which the Seller will supply product(s)/services to you. By purchasing any product(s)/services, you enter into a contract with the Seller, on these terms. You may wish to keep an electronic or paper copy of them for future reference.
6. There are other terms that may apply to you
These terms together with the (1) Privacy Policy, (2) Cookie Policy, (3) Website Terms of Use and (4) details on the relevant product(s) pages, will apply to all orders placed on the Site (unless the Euronics’ Agent has listed their own terms of supply (to the extent there is any conflict these terms will take priority).
Please read them carefully before you submit your order. If you think that there is a mistake in these terms, please contact us using the contact details set out at section 31 to discuss.
You should print a copy of these terms and conditions for future reference.
PLACING AN ORDER OF THE SITE
7. Product availability
This Site is only intended for use by, and orders will only be accepted from, the United Kingdom of Great Britain, Channel Islands, Isle of Man and Northern Ireland. We cannot commit that product(s) supplied are suitable for use in any other regions.
8. Product information
Images of products on the Site are for illustrative purposes only. Whilst the Seller tries to ensure all images and colours are correct, it can't guarantee that all the images will accurately reflect the true design and colour of the product(s) delivered to you. Please be aware that colours may differ between manufacturers, and between similar product(s) within a range.
Features requiring any additional devices to enable, such as WiFi enabled, or 'Smart' technology may be device specific. Please check your device is compatible and meets the specified minimum requirements before purchase.
Product dimensions as advertised on the Site are for reference only and are supplied by manufacturers. The dimensions may not include handles and other protruding parts of the products overall size. It is your responsibility to measure the space where an appliance is to be situated in order to confirm it will fit, including these protruding parts.
9. How to place your order
If you wish to buy products through the Site then the shopping pages will guide you through the steps you need to take to place an order. Your order can be processed and finalised in the English language only.
10. Orders are only accepted once they have been checked
When you order products/services you are making a legal offer to buy the product(s)/service(s). You will receive a sales confirmation email to confirm you order has been received and that your order has been accepted. The contract between you and the Seller will only be formed once the sales confirmation email is sent to you and payment has been received.
11. Sometimes orders are rejected
Sometimes orders are rejected, for example, if the product(s) is out of stock, because of unexpected limits on resources which could not reasonably be planned for, because errors in the price or description of the product(s)/service(s) have been identified, because delivery deadlines cannot be met, because the service(s) cannot be performed on the date specified or because you are located outside our delivery areas, as stated on our Site.
You will be informed as soon as possible if for any reason the product(s) ordered by you are not available for supply. Where you have already paid for the product(s), you will have the option to receive a full refund or provided with an alternative product(s).
12. Where the contract for your order will be stored
Provided you have created an account before placing your order, you can access your order by clicking on the account section on the Site.
PRICE AND PAYMENT
13. Price
The price of any product(s) will be as quoted on the Site. These prices include VAT but exclude delivery costs and any other additional services you may have opted for e.g. installation, old product(s) disposal etc.
Prices are liable to change at any time, but will not affect any orders where you have received a sale confirmation email, acknowledging the order.
This Site contains a large number of products and it is possible that, despite best efforts, some of the products listed may be incorrectly priced. Prices will normally be verified as part of the dispatch procedures so that, where the correct price is less than the stated price, you will be charged the lower amount. If the correct price is higher than the stated price, you will be contacted for instructions before dispatching the product(s) and you may then cancel your order if you wish. If you do not cancel your order the product(s) will be supplied at the higher price.
14. Payment options
You may pay for product(s) by the methods of payment displayed on the Site. All payments must be in UK Pounds Sterling.
15. Increases in VAT
If the rate of VAT changes between your order date and the date the product(s)/service(s) is supplied, the rate of VAT that you pay will be adjusted, unless you have already paid in full before the change in the rate of VAT takes effect.
DELIVERY AND CLICK & COLLECT
16. Delivery costs and timescales
The costs of delivery will be as set out on our Site.
The free standard local delivery offered on products purchased directly from ‘Euronics’ (and not a Euronics’ Agent) is within 7 days and UK only. Delivery is boxed to a room of your choice on the ground floor and/or no more than 3 steps. If a delivery falls outside of these requirements, an additional reasonable charge may be levied by the Euronics’ Agent.
During checkout, the Site will pre-select the next best available delivery date for you, which you are able to adjust to suit your schedule. The Site will also allocate your closest Euronics’ Agent, which you may also change.
Please note, all deliveries will be delivered by a Euronics’ Agent (unless you select our 48 hour courier delivery at checkout).
A selected delivery date is not a guaranteed delivery date, and the actual date of delivery will be confirmed to you when you are contacted by the Euronics’ Agent to whom your order has been allocated.
By default, deliveries will be carried out anytime during working hours on the day of your agreed delivery date and are not offered as either next day, or timed. However, if you have a particular delivery requirement we suggest discussing this with your assigned Euronics’ Agent to avoid any disappointment. Where applicable, local charges may apply for additional delivery options but these will be discussed with you during the call.
For selected products you may choose the 48 hour courier delivery service. This will be within 48 hours from the point of dispatch. This does not include Saturdays and Sundays or UK Bank Holidays. Some Scottish addresses are not available for home delivery via courier. Excludes Isle of Man.
17. Click & Collect
Click & Collect is available at no extra charge for select products. The Site will guide you through how to place an order for Click & Collect. When the product(s) arrives in store, you will be contacted to let you know it's ready for collection.
All Click & Collect orders must be signed for, by an adult (18 years and over) and you should bring all delivery documentation and receipts provided as proof.
Upon collection you may also be asked to provide photographic identification such as a passport or photo drivers licence, or the credit card used to make the purchase. The Seller reserves the right to not release the product(s) to you if reasonable proof of order cannot be provided.
18. Some products may require an at home assessment
Some appliances such as American-style fridge freezers may require an at home assessment prior to delivery. Should the item not fit your doorway, it may be necessary to remove doors from the appliance which may incur charges. If this still does not allow for access, the Euronics’ Agent will assess and give you their best suggested solution. Please note that it is your responsibility to either measure or allow access for measuring to avoid this. Once unpacked, an appliance cannot be returned without a restocking fee, which may be up to 50% of the original retail RRP.
19. Do I need to be in for my delivery?
All product(s) must be signed for, by an adult (18 years and over) at the delivery address with all the appropriate identification. If your order is for home delivery via a courier, then you will be left a card telling you about a failed attempt. You should keep all delivery documentation and receipts provided for future reference.
20. Do I need to provide any identification on delivery?
Upon delivery you may be asked to provide photo identification such as a passport or photo drivers licence, together with a utility bill or the credit card used to make the purchase. Should you not have these available, you may be refused your delivery and have to rearrange, which may incur a separate charge. The Euronics’ Agent will also ask to take the product(s) over the threshold of the premises and will not leave the delivery outside or in a garage unless specifically requested to do so in writing prior to the delivery. If requested these will be left at your own risk.
21. Failed delivery
When a pre-arranged and agreed delivery day and/or time has been given, and then that delivery fails because there is no one at the address to sign for the product(s), you may be liable to pay a failed delivery charge, which will depend upon the size and weight of the item(s).
22. Damaged product(s)
You should closely inspect the product(s) upon delivery for any cosmetic defect before signing the delivery receipt and notify the Seller You should not accept delivery if the product(s) appear damaged.
23. When you own and become responsible for the product(s)
Product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due for the product(s), including any applicable delivery charges.
SERVICES
24. Charges for services
Installation services are available on selected product categories only, from £15 depending the product and the type of installation required. This information is shown once you add a product to the basket. Please see section 25 and section 26 for more specific terms and details about our installation service(s).
Available on the following product delivered by a Euronics’ Agent: washing machines, tumble dryers, dishwashers, fridges, fridge freezers and freezers, wine coolers, side-by-side fridges, hobs, ovens, cookers, range cookers, TVs.
Disconnection service is available on selected product categories only, from £10 per product. Please note that this service only applies to a like-for-like product to the one you are purchasing. On some categories, the disconnection service is already included when purchasing the relevant Installation Service.
Available on the following product delivered by a Euronics’ Agent: washing machines, tumble dryers, dishwashers, fridges, fridge freezers and freezers, wine coolers, side-by-side fridges
Remove and Recycle service is available on selected product categories only and only available on product delivered by a Euronics' Agent, prices start from £20 per product. The existing appliance(s) must be disconnected (uninstalled) and water free (where applicable) and all food, clothing and personal items removed from the appliance. Our Remove and Recycle service will dispose of the product(s) ethically and in line with current legislation.
Available on the following product delivered by a Euronics’ Agent: washing machines, tumble dryers, dishwashers, fridges, fridge freezers and freezers, side-by-side fridges, hobs, ovens, cookers, range cookers, TVs.
Remove all packaging service is available on selected product categories only, from £5 per product. This service will remove all the packaging of your purchased products and ensure that it is disposed of in an ethical manner. On some categories, this service is already included when purchasing the relevant Installation Service.
Available on the following product delivered by a Euronics’ Agent: washing machines, tumble dryers, dishwashers, fridges, fridge freezers and freezers, wine coolers, side-by-side fridges, hobs, ovens, cookers, range cookers.
25. Service requirements
If you have opted for Installation at the time of delivery, the Euronics’ Agent is happy to connect the product(s) to convenient services and will remove all the packaging free of charge and ensure that it is disposed of in an ethical manner. The Euronics’ Agent will inspect and advise of any potential issues before starting the install.
Installation of TV and audio equipment may require a wall bracket and additional charges may apply. Cable routing may be required at additional charges depending on the complexity required (wall cavity, etc). Please speak with your local Euronics’ Agent for further details.
Reversing the door on your new fridge, freezer or fridge freezer is not included in the standard Installation service, however your local Euronics’ Agent might be able to offer this service for an additional charge. Please contact your local Euronics’ Agent for further details.
If the product is delivery only (without any supplemental services), and you require the product packaging removed from your premises, there will be a £5 charge.
Please note:
1. The Remove & Recycle service is only available on products delivered by a Euronics’ Agent, and not if your product has been delivered by a courier.
2. All existing appliances must be disconnected (uninstalled) and water free (where applicable) and all food, clothing and personal items removed from the appliance, pre delivery. The new appliance or the service may be cancelled if extreme difficulties are encountered. If you have opted to have your old product(s) removed at the same time, again this will be done ethically and in line with current legislation.
3. Not all services are offered by all Euronics’ Agents. Please contact your local Euronics’ Agent for full details of the services that are offered and applicable charges.
26. Installation specific terms
‘Freestanding’ – from £15 - refers to products and appliances that do not need to be fitted, but may require the installation of pipework, plumbing or Gas for example. These products are ‘on show’ and not placed behind a door.
‘Built-In’ – from £115 - (sometimes also called ‘integrated’) refers to products and appliances that need to be fitted into a cabinet, or space within a kitchen unit and cannot be used as freestanding for safety reasons.
'Consumer Electronics' – from £45 - installation is 'Plug and Play' set up only using existing connections.
'Electric' – from £100 – cooker, oven, hob installation is only available to existing official Electrical fittings and for freestanding and built-in appliances.
'Gas' – from £115 - the gas cooker installation is only available to existing official Gas connections and for freestanding and built-in appliances. We do not recommend the removal of Gas appliances and will use a Gas Safe Registered engineer where this is required. Additional charges may apply for this service.
'Dual Fuel' – from £125 - this cooker installation is only available to existing official connections and for freestanding and built-in appliances. We do not recommend the removal of Gas appliances and will use a Gas Safe Registered engineer where this is required. Additional charges may apply for this service.
'American Style Fridge Freezer' – from £40 - installation is only available to existing official connections and for freestanding appliances only. Plumbing may be required. Please speak with your Euronics’ Agent directly on your requirements.
'Range Cooker' – from £100 - installation is only available to existing official connections and for freestanding appliances only. We do not recommend the removal of Gas appliances and will use a Gas Safe Registered engineer where this is required. Additional charges may apply for this service.
'Wall Mounted' – from £70 - refers to basic mounting of your TV to a solid wall with the use of an applicable bracket (purchased and/or supplied by you), suitable to withstand the weight of your TV. This does not include cable routing or wall cavity installation.
‘Floor Care Disposal’ - We do not offer disposal facility online, however if a disposal is required please speak to your Euronics’ Agent (charges may apply locally).
27. If you do not allow the Seller access to provide the services
If you do not allow the Seller access to your property to perform the services as arranged (and you do not have a good reason for this) the Seller may charge you additional sums incurred by them as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may cancel the contract.
28. The Seller will charge you if you do not give us information we need or do preparatory work as agreed with us
The Seller may charge you additional sums if you do not give the information the Seller has asked for about how it can access your property for delivery, installation or to provide disposal services or if you do not do preparatory work for installation, as notified. For example, the Seller might need to re-deliver on another vehicle or with extra manpower or reschedule services.
29. Delays in the supply of the product(s)/services
The Seller is not responsible for delays outside its control. If the supply of your product(s)/services are delayed by an event outside the Seller’s control, you will be contacted as soon as possible to let you know and any delays will be reduced, where possible. As long as this is done, you will not be compensated for the delay, but if the delay is likely to be substantial you can contact the Seller to end the contract and receive a refund for any product(s)/services you have paid for in advance, but not received.
YOUR 14 DAY RIGHT TO CANCEL AND RETURN
30. Returns and cancellations policy
Your legal right to change your mind. If you are ordering products/services as a consumer you may cancel your order at any time without any reason within 14 days.
The deadline for changing your mind. The cancellation period will expire 14 days after the day on which you acquire physical possession of the product(s) or, where multiple products are ordered, from the day you acquire physical possession of the last product.
How to let the Seller know you have changed your mind. You must notify the Seller if you have changed your mind about a product/services. To let the Seller know you have changed your mind, you must notify them of your decision in writing or by email. Please refer to your order confirmation email for the Seller contact details.
Returning the product(s) because you have changed your mind. Once you have notified the Seller that you have changed your mind, you will then be contacted to agree a method for returning the product(s). If you are responsible for returning the product(s) (and any free gifts), you must do so within 14 days of telling the Seller you have changed your mind.
Unless the Seller offers to collect the product(s) from you free of charge, you will be responsible for the cost of returning the product(s). The cost of returning the product(s) is estimated at a maximum of approximately £150.
Products must be returned in the same condition in which you received them. If you return the product(s) in person or send them they will be at your risk until they are received by the Seller. You have a legal obligation to take reasonable care of the product(s) while they are in your possession.
When you will lose your right to cancel. If you purchase installation services or waste management and recycling services from the Site and those installation services or waste management and recycling services are provided during the 14 day cancellation period, you will lose your 14 day right to cancel the contract once the installation services or waste management and recycling services have been fully performed during the cancellation period.
You must pay for any services provided up until the time you cancel. You will therefore not be refunded the amount for the services you received before you notified the Seller that you wished to cancel your order.
When and how you will be refunded.
Where you are responsible for returning the product(s): Upon receipt of the product(s) or where you have supplied evidence of having returned the product(s), the Seller will refund you, including the standard cost of delivery (you will not be refunded any extra you have paid for express delivery or delivery at a particular time), as soon as possible, and within 14 days of receiving the product(s) back from you or receiving evidence of you having returned the product(s) (for example, a proof of postage receipt), whichever is the earliest.
Where the Seller is responsible for collecting the product(s): The Seller will refund you, including the standard cost of delivery (you will not be refunded any extra you have paid for express delivery or delivery at a particular time), as soon as possible, and within 14 days after the day on which you inform the Seller that you wish to cancel the order.
You will be refunded by the method you used for payment. No fee is charged for processing the refund.
When your refund maybe reduced. (1) If the product(s) have been used or installed (2) if you handle the product(s) in a way which would not be acceptable in-store or (3) if accessories are missing, we may only offer a partial refund in order to compensate you for the reduced value of the product(s). For example, the Seller may only offer a partial refund if the condition of the product(s) is not “as new” or the packaging is damaged. In some cases, because of the way you have treated the product(s), no refund may be due.
OTHER RIGHTS OF CANCELLATION AND RETURN
31. Your other cancellation rights
Cancellation before delivery. If you wish to cancel your order, this will need to be done by 12pm the working day prior to your delivery date (Mon-Fri), or delivery will be made. Any returns after this time may be liable for a collection charge.
Returns will be signed for by the Euronics’ Agent or courier (depending on chosen delivery method), and by you on collection or handover to the Euronics’ Agent or courier, at which time, any missing accessories or damage will be noted (deductions may be made to any refunds due).
Faulty product(s). Unfortunately, on rare occasions, you may experience a fault with the product(s), but rest assured, your Seller is there to help. You will need to contact the Seller who will initially look at resolving the issue. Your Seller honours their legal duty to provide you with products that are as described to you on the Site and that meet all the requirements imposed by law. The Seller has a legal obligation to supply the product(s) to you in conformity with these terms. Your legal rights are summarised below and are subject to certain exceptions.
If you are returning a product that is faulty, you will not be responsible for any return costs. This provision does not affect your statutory rights.
Summary of your key legal rights. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product(s), your legal rights entitle you to the following:
· up to 30 days: if your product(s) are faulty, then you can get a refund.
· up to six months: if your product(s) can't be repaired or replaced, then you are entitled to a full refund, in most cases.
· up to six years: if your product(s) do not last a reasonable length of time, you may be entitled to some money back, the burden of proof is with you to prove that the fault was present at the time of delivery.
THE SELLER’S LIABILITY TO YOU
32. Responsibility for loss or damage suffered by you
The Seller is responsible for losses you suffer caused by the Seller breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as the Seller taken the steps set out in these terms, the Seller will not be responsible for delays outside its control.
Avoidable. Something you could have avoided by taking reasonable action. For example, by correctly following the installation instructions or having the minimum system requirements advised to you.
A business loss. The Seller is not liable for business loss. Products supplied on the Site are for domestic and private use. If you use the product(s) for any commercial, business or re-sale purpose the Seller shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Seller does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for:
(a) death or personal injury caused by the Seller’s negligence or the negligence of our or the Sellers’ employees, agents or subcontractors;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of your legal rights in relation to the product(s)/services including the right to receive product(s) product(s)/services which are:
- as described and match information we 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
- for defective product(s)/services under the Consumer Protection Act 1987.
If the Euronics’ Agent is providing services in your property, the Seller will make good any damage to your property caused by the Euronics’ Agent while doing so. However, the Seller is not responsible for the cost of repairing any pre-existing faults or damage to your property that the Euronics’ Agent discovers while providing the services.
CONTACT INFORMATION AND COMPLAINTS
33. Contact the Customer Service Team
Please contact either the Seller directly (using the contact details provided in your sales confirmation email) or the central Customer Service Team on the contact details set out below:
Address: Euronics Ltd, Euro House, Joule Road, Westport Way, Andover, Hampshire, SP103GD
Email: Customersupport@euronics.co.uk
Telephone Number: 01264 320504
34. Resolving complaints
You have several options for resolving disputes with the Seller:
a) Contact the Customer Service Team or the Seller: Please contact the Seller directly (using the contact details provided in your sales confirmation email) or the Customer Service Team on the contact details set out at section 31. They will do their best to resolve any problems you have with your order.
b) You can go to court: These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, Northern Ireland, Channel Islands or Isle of Man, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
c) Local laws still apply: As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
35. Changes to these terms and the product(s)/services
a) Changes relating to new orders. We reserve the right to change these terms at any time. Any amendment to these terms shall be effective exclusively for all new orders submitted following the publication of the amendment on our Site. Please check the terms posted on the Site before placing your order as they may have changed since your last visit.
b) Minor changes relating to existing orders. We can always make changes to these terms and the Seller can make changes to the product(s)/services once you have placed your order:
- to reflect changes in relevant laws and regulatory requirements;
- to reflect changes in market conditions affecting electronic retail businesses; and
- to make minor technical adjustments and improvements, for example to address a security threat or because of system capabilities. These are changes that do not affect your use of the product(s)/services.
c) Significant changes relating to existing orders. We can also make more significant changes to these terms and the Seller can make more significant changes to the product(s)/services, but if that happens you will be notified and you can then contact the Seller to end the contract before the change takes effect and receive a refund for any product(s)/services you have paid for in advance, but not received. Such changes include: changes to manufacturer specifications and the withdrawal by manufacturers of features such as 3rd party services such as App's or subscription services available on Smart TV's.
36. Other important terms that apply to the contract
(a) To give notice under the contract an email notification is acceptable. You will not be permitted to cancel a contract via telephone as written notification is required. Notices will be deemed received 24 hours after the email has left the inbox of the sender. It is advisable that you keep a copy of any evidence that the cancellation notice has been sent.
(b) How we use the personal data you give us is set out in the Privacy Notice.
(c) Your contract can be transferred so that a different organisation is responsible for supplying your product(s)/services. You will be told in writing if this happens and the transfer will not affect your rights under the contract.
(d) Nobody else has any rights under this contract. The contract is between you and the Seller. Nobody else can enforce it and no one will need to ask anybody else to sign-off on ending or changing it.
(e) You can only transfer your contract to someone else if the Seller agrees to this.
(f) A failure to enforce rights under the contract shall not cancel those rights and prevent them from being enforced subsequently.
(g) If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
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