EXPOPLANT - Vendita e acquisto online di piante, arbusti, rose, semi e molto altro

Expoplant è il marketplace dedicato agli operatori, agli specialisti e agli appassionati di piante erbacee, arbustive ed arboree.

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General Conditions of use of the Expoplant Website

Legal notice.

Please read carefully the following terms and conditions prior to using this website:

The navigation and the use of the website with the URL www.expoplant.com (in the following “Website”) implies full acceptance of these general conditions for the use of the Website and of other special conditions and legal notes eventually published in the designated pages and sections of the Website (hereinafter referred to collectively as "General Conditions") relating to the use of individual services and/or any type of content (hereinafter referred to as "Content").

The Website navigation shall be equivalent to a user´s declaration to have read and agreed to this General Conditions of use and/or to any other (legal) note, information note or disclaimer published anywhere on the Website.

The obligations and guarantees specified below are lent by the user both independently as well as in fact of any third party linked to him/her and that is authorised by him/her to use the Website.

The online presence of the company Terradice srl falls within the definition of "Website", including the online presence on social networks or any existing and/or future platforms managed by Terradice srl in relation to any type of activity and/or relationship with the online users.  Consequently the user takes note of these General Conditions and undertakes - subject to the applicable limits - to comply with them (apart from the Guidelines and Regulations imposed by the holder of the social network and/or platform), also where the website navigation is carried out on other Websites and/or online social networks that are attribuable to Terradice srl

SUBJECT.

The General Conditions govern the terms of the use of the Website and the Contents, in possession of the company Terradice srl

Both the use of the Website and the possibility to access the Contents and the services shall be subject to acceptance of the General Conditions.  If the the user does not intend to agree to such terms and conditions, the Website shall not be used and no contents shall be downloaded from it. The use of the Website and/or website navigation are to be understood as a tacit acceptance of these General Conditions.

Accessing certain contents of the Website may imply the user´s acceptance to further terms and conditions of use what, as the case may be, may replace, include and/ore amend the General Conditions.

 

MANDATORY GENERAL INFORMATION

In accordance with article 7 of the Italian Legislative Decree (d.lgs.)  of 9 April 2003, No 70, article 31 of the Italian Legislative Decree of  26 March 2010, No 59 and of article 2250 of the Italian Civil Code (Codice Civile), following mandatory general informations are laid down:

The Website is owned by the company Terradice srl with registered office at Piazza Europa Univa no 18/b - 31033 Castelfranco Veneto (TV) - Tax and VAT number: 04980060265 - Registration Number in the Italian Register of Companies in Treviso: TV-415638 - Fully paid-up share capital: Euro 12.000,00 €, from which the amount of capital actually paid equals Euro €0.

With regard to the reference details allowing to contact rapidly Terradice srl and communicate directly and effectively, following details, including phone number, fax number and electronic mail, are to be laid down:

Tel. +39 (0) 423 485581

Fax. Tel. (39) 0423 1916881

Email: info@expoplant.com

PEC: expoplant@pec.it

 

SUBSCRIPTION. USE OF CONTENTS AND INFORMATIONS. WARRANTIES AND LIABILITES OF THE USER.

Users that intend to benefit from services offered on the Website shall subscribe or provide personal data to Terradice srl Any subscription implies the obligation of guaranteeing the correctness, truthfulness and actuality of the provided information.   In case of changes in data provided by the user, it will be the responsibility of the latter to inform Terradice srl about updates as early as possible and/or to update and include -by means of the procedures available on the Website - details that are deemed necessary. If users provides data of third parties during the registration process, they guarantee to comply, towards the above mentioned third parties, with all relevant requirements outlined in the applicable law on the protection of personal data, by assuming full responsibility against any subsequent claim put forward to Terradice srl by third parties, relating to the use of their data.

Provided other and specific counter-indication, the use of all information and content accessible on the Website is free of charge. All information and content available on the Website are to be understood as of a purely informal nature, provided specific counter-indication, and are not to be understood as a contractual offer or a public offer of products and/or services laid down in accordance with article 1336 of the Italian Civil Code (Codice Civile) and are not binding as concerns any negotiations or commercial relationships.

Insofar as permitted by the applicable law and provided specific counter-indications based on generally recognised commercial practices, the users acknowledge that use of the Website is at their own risk. The Website is provided “as is” and “as available”. Terradice srl does not offer any guarantee as to the results expected, desired and obtained through the use of the Website.

Insofar as permitted by article 1229 of the Italian Civil Code (Codice Civile), the users declare and guarantee to indemnify and hold harmless Terradice srl as well as its agents, employees, co-workers, associates and partners, against any liability obligation, including legal fees, that may arise against them in connection with use of the Website.  If the applicable law does not permit exemption from liability, liability for Terradice srl will in any case be limited to the extent of the law.

Terradice srl declines any liability for any eventual demands made by the users, relating to the inability to use the Website and/or the Contents for any reason.   Terradice srl may not be considered as defaulting to and liable for direct or indirect damages, claims or loss arising to users by malfunction and/or failure of the users´ or third parties´ electronic devises, including Internet Service Providers, telephone and/or telematic instruments not directly managed by Terradice srl or by third parties to which Terradice srl required to respond, as well as actions of other users or other persons with access to the network.

Terradice srl reserves the right to disconnect at any time, temporarily or permanently, the Contents (or any part thereof). The user acknowledge that Terradice srl may not be considered liable toward users or third parties for the suspension or interruption of its own Contents, with exclusion of specific, different and additional contractual commitments eventually entered into with the users.

All eventual information (textual or graphical) related to the goods and/or service offered on the Website, but which are directly sourced from suppliers and/or other persons connected with Terradice srl, shall not imply liability of the latter, and each provider of said information is exclusively responsible for any indication, specification and description contained therein.  Therefore Terradice srl does not take any responsibility for inaccuracies and graphical errors, and does not provide express or implied guarantee for informations, contents, merchantability and fitness for particular purposes related to data, goods and services offered and communicated on the Website by any third party, while specifying that, upon request and within the limits of the law, Terradice srl provides names, addresses and any other data necessary to identify the providers of goods and  services eventually offered.

The user undertakes to use the Website and the Contents in a diligent, correct and legal manner and in particular to commit, by way of example and not limited thereto, to refrain from:

  1. any misuse of the Website, in conflict with the law, the General Conditions and all other indications published on the Website, or contrary to morals and to accepted principles of morality;
  2. any action which may prejudice the rights and interests of Terradice srl and/or of third parties, including intellectual or industrial property rights. or that may in any way damage, deteriorate or impede the normal use of the Website, its services or documents, files and all types of contents stored in it;
  3. reproducing, copying, transforming, distributing, making available or disclosing in any other way to other websites or to the public, any content and/or information contained in the Website, unless such action is not explicitly authorised by Terradice srl

The user acknowledges that any information or content provided by themselves to Terradice srl by means of emails or other communications media, shall not be considered as being confidential. By providing such information or content to Terradice srl, the user fully and free of charge assigns and transfers to Terradice srl all rights of intellectual property related to such information and content (without prejudice to cases of pre-existing exclusive rights and to the application of regulations on the protection of know-how laid down in the Italian Legislative Decree No 30/2005 and of those regulations that are generally applicable to the protection of industrial and corporate secrets); within the envisaged limits, Terradice srl shall be free to use, reproduce, transmit, distribute, modify, assign or license above mentioned information and content. Without prejudice to the above mentioned, Terradice srl shall be free to use all ideas, concepts, (technical) know-how contained in such information and content, for any purpose, including development, production and marketing of products using the mentioned information and content.

Terradice srl declines any responsibility for informations (textual or graphical), documents or contents provided by the users of the Website on occasion of the use of particular Contents.

The user undertakes not to use the Contents for any other service or Website functionality, than for:

  • uploading, publishing, sending or transmitting or disseminating in any other way contents that are illicit, damaging, threatening, abusing, harassing, defamatory and/or libellous. vulgar, obscene, invasive of a person´s privacy, racially objectionable, class-oriented or reprehensible;
  • causing damage in any way to minors;
  • falsifying the own identity, for example by taking on the identity of a representant of Terradice srl or lying in other ways about the own relationship to other parties;
  • creating headers or otherwise manipulate identifiers or indications in order to disguise the origin of a content transmitted or disseminated through any type of functionality available on the Website;
  • uploading, publishing, sending privately or otherwise transmitting or disseminating a content that one has not a right to transmit or disseminate under the rule of a law, a contract or due to a fiduciary relationship (for example confidential information arising from an employment-relationship or protected by rules of confidentiality);
  • uploading, publishing, privately sending or otherwise transmitting or disseminating content that would infringe third parties´ patents, trademarks, secrets, copyright or other rights of industrial and/or intellectual ownership;
  • uploading, publishing, privately sending or otherwise transmitting or disseminating advertisement, promotional material, junk mails, spam, chain mails, pyramid schemes or any other form of solicitations that are nor requested or authorised;
  • publishing, attaching, sending o otherwise transmitting or disseminating content containing viruses or other codes, files or programs creating for the purpose of interrupt, destroy or limit the proper functioning of the software, the hardware or of the broadcasting system of third parties;
  • interrupting the normal course of communications or acting in a way which may affect the ability of other users to use the Website;
  • interfering with or disrupting the Contents and/or server connected with the Contents;
  • violating, intentionally or not, any applicable law or regulation;
  • stalking or otherwise harassing third parties;
  • collecting or storing other users´ personal data.

In any case, it is expressly understood that Terradice srl will act immediately to remove very rapidly such contents, at the request of the authorities responsible and in line with the technical timescales required to carry out such an operation as well as terminating authorization to access the Site for the user responsible.

Terradice srl reserves the right to take appropriate action against the users who do not act in full compliance, in particular with reference to the provisions of this section.

 

CONNECTION TO O FROM OTHER INTERNET SOURCES (LINKING).

The Website may offer connections to other websites or internet sources. The user acknowledges and recognises that Terradice srl may not be considered liable for the functioning of such external websites or sources.

Hypertext links and any other type of links, included links based on any technology of the Website, may not be created without prior written consent of Terradice srl In any case the creation of such connections (even if authorised), shall not give rise to any responsibility for Terradice srl, provided that latter reserves the right to request at any time the removal of such connections.

Terradice srl is not obliged to control and effectively does not control, the contents of such websites and does not assume any responsibility for the contents and/or materials, including advertising, diffused on such websites or external sources or for the products and services offered thereunder. Except where otherwise provided, such products or services ma not be considered in any way sponsored, shared or supported by Terradice srl and consequently the user is solely responsible for any eventual purchases made of such products or services.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY.

The Website and its Contents are exclusive property of and reserved by Terradice srl and/or its licensors or successors or third parties, where indicated, and are protected by existing national and international regulations concerning the protection of intellectual and/or industrial property rights.

By the term "Website" and for the purpose of the applicability of the provisions of this section, Terradice srl intends to refer to any content and computer-based technical element of the Website, including, by way of example and not limited thereto, software that allow the operating and related codes, electronic databases, texts, images, press reviews, animations, audio and video files regardless of format, reproductions of trademarks, logos, trade names of products and/or services, etc. the technical solutions adopted, structure and any other part already created or to be created.

By the term "Intellectual and Industrial Property Rights" related to the Website, Terradice srl intends to refer to a series of rights recognised and protected by existing national and international regulations, including - by way of example and not limited thereto, with respect to all countries of the world and without any limit - each right arising from patents (including the right of filing the application), existing and future copyrights, trademarks and/or services (registered or used by Terradice srl), brands, trade names, companies, know-how, domain names, databases and all relative applications.

By the term "Material" Terradice srl intends to refer to all Content of the Websites and to all other content represented - by way of example and not limited thereto - by text, images, graphic design, files, any type of software, audio material, videos, virtual animation, multimedia and/or hyperlinks and, regardless of formats, by media that have extension (by way of example and not limited thereto: mp3, wav, jpg, mpeg, gif, doc, etc.), by the size, the version in use, the techniques used for their distribution and/or transmission.

The Materials published on the Website may be used under the following conditions:

  1. prior to the use, a written authorisation request must be sent to Terradice srl that will not deny irreasonably such request, as the case may be;
  2. the Materials shall remain in their original formats and, if reproduced, they shall bear proprietary indication of Terradice srl and/or of third parties or related to the copyright or the authors;
  3. the use, in any way and for any purpose, shall be of a non-profit making nature;
  4. source, author and/or right holder of the Materials as well as the web address where they can be found, shall be referred to;
  5. the use, in any way and for any purpose, of Materials represented by legal texts (e.g: policies, contractual conditions, etc.) published online, is not permitted.

Each violation will be prosecuted according to the law.

The reproduction and use of articles and informative materials contained in specific sections of the Website, shall comply with the provisions of articles 65 and 101 of the Italian Law for the Protection of Copyright and Other Rights Connected with the Exercise Thereof, of 22 April 1941 No 633 and with subsequent amendments and supplementations, which imply: (art. 65) " Articles of current interest of an economic, political or religious character, published in magazines or newspapers, may be freely reproduced in other magazines or newspapers, or may be broadcast, unless such reproduction is expressly reserved, provided an indication is given of the magazine or newspaper from which they are taken, the date and the number of the said magazine or newspaper and, in the case of signed article, the name of the author.", (art. 101) " The reproduction of information and news shall be lawful, provided it is not effected by way of acts which are contrary to fair practice in journalism, and provided the source is given".

Each right over electronic databases available and accessible on the Website is reserved to Terradice srl, which allows mere consultation.  Unless otherwise provided, the extraction, reproduction and any other use is forbidden, within the envisaged limits of the articles 64-quinquies and 64-sexies of the Italian Law for the Protection of Copyright and Other Rights Connected with the Exercise Thereof of 22 April 1941, No 633 and of the subsequent amendments and supplementations. It is to be recalled that according to article 102-ter of the above mentioned law, the lawful user of the electronic database made available to the public may not harm the holder of the copyright or of another right connected with the work or performance contained in such database.  Furthermore, the lawful user of a database made available in any way to the public, may not perform tasks which are in conflict with the normal management of the database or which unreasonably prejudice the interests of the database´s holder.

For any explanation relating to the use of the Materials and Contents available on the Website and/or to the management of the Rights of Intellectual and Industrial Property, it is possible to contact Terradice srl at following email address: info@expoplant.com.

The Materials published in the Website have been thoroughly examined, analysed and produced with the highest diligence. However, errors, inaccuracies and omissions are not to be excluded.  In regard to the Materials accessible for free on the Website, Terradice srl shall not be considered liable for errors, omissions and any expectations of the user relating to the Materials.

Unless otherwise provided, the information contained in the Materials is provided for informational purposes only and is not exhaustive. This information is not to be intended as expression of an opinion or a suggestion or premise for taking a decision.  Terradice srl shall not be considered liable for any action or omission perpetrated by the users by using the information contained in the Material without requesting prior specific advice or deeper information from Terradice srl

The user undertakes to strictly comply with the conditions of use of Contents and Materials that available on the Website and with any Right of Intellectual and Industrial Property, related to them.  The users shall be liable for any eventual wrongful or damaging acts attributable to them, granting Terradice srl full indemnity in case an infringement of the national and/or international regulations concerning the protection of Intellectual ans/or Industrial Property - hereby referred to and which fully apply, for all matters not expressly provided for - violates the rights of third parties.

 

PROCESSING OF PERSONAL DATA ON THE WEBSITE. DISCLOSURE PURSUANT TO ARTICLE 13 OF THE ITALIAN LEGISLATIVE DECREE OF 30 JUNE 2003, No 196 (PRIVACY CODE/CODICE DELLA PRIVACY)

In accordance with article 13 of the Italian legislative decree no 196 of 30 June 2003 which contains the Personal Data Protection Code ("Codice sulla protezione dei dati personali", hereinafter "Code"), Terradice srl communicates that the data related to users, that are provided to Terradice srl in relation to the General Conditions or to particular conditions in respect of any processing deriving from the navigation on the Website or in any other way deriving from the execution of the relationships with the users, shall be subject of processing, in accordance with the above mentioned regulation and by means of the principles of correctness, legality, transparency and protection of the privacy.

Subject to the specific disclosures concerning the purposes and methods of the processing of the data of users or third parties in general, this section describes, from a general point of view and by means of the features available through individual services and sections of the Website, the so called "Privacy Policy" pursued by Terradice srl for the purpose of personal data processing.

The provided data shall be processed for the following purposes:

  1. A) allow the users to subscribe in order to have access to particular sections of the Website;
  2. B) comply with specific requests of the users and for contractual purposes;
  3. C) despatch of advertising/informative material, having obtained prior specific consent from the interested parties.

The data may be regularly updated with informations acquired based on the type of relationship established.

The processing of data is carried out with the use of manual and electronic instruments and, however, in such a way as to safeguard the security and confidentiality of this data.

For the purposes laid down in letter A) and B), the personal data of the users may be communicated in order to be processed, for the same purposes and to the extent that is proper in relation to the specific relationship existing between the user and Terradice srl to:

1) employees, co-workers, suppliers, wholesalers, sales points, retailers, couriers, other private persons and consultants of Terradice srl, which may take notice of the personal data in their capacity as data processing controllers or as indispensable contractual parties;

2) other companies and/or professionals and/or third party suppliers that need to be informed about the data for purposes connected to, included in and/or related to establishment and fulfilment of their obligations that derive from specific requests of users and/or from established contractual relationships.

Due to the close and unavoidable link between the execution of requested actions by Terradice srl for the user and the purposes mentioned above in letter A) and letter B), not providing data for said purposes shall make it impossible to establish any legal relationship.

The acquisition ot the consent for the purposes mentioned above in letter A) and letter B) is not mandatory.  In any case, Terradice srl in hereinafter recalls the cases [applicable to the processing types laid down in letter A) and B)], where no consent is necessary in accordance with article 24 of the Privacy Code, insofar as the processing is necessary:

  1. in order to perform an obligation envisaged by the law, a regulation or by Community legislation;
  2. In order to comply with obligations that derive from a contract to which the interested subject is a party, prior to the conclusion of the contract, at the applicant´s specific request;
  3. in respect to data deriving from public registers, lists, records or documents accessible by anyone, subject to the limits and criteria established by the laws, regulations or by the Community legislation in order to guarantee transparency and disclosure of the data;
  4. in respect to data related to economic activities, processed with respect to the existing regulation regarding the industrial and intellectual secret;
  5. in order to invoke or defend a right (with exclusion of disclosure of data) before the judical court, provided that the data are processed only for this purpose and for such a period as is strictly necessary, in accordance with the existing regulation regarding the industrial and intellectual secret;
  6. in order to - (with exclusion of disclosure of data) in the cases specified by the guarantor, by means of the principles defined by the law - pursue a legitimate interest of the holder or a third party, recipient of the data, included subsidiaries or related companies, if the fundamental rights and freedoms, the dignity or a legitimate interest are not overriding.

for the purposes laid down in letter C), conferring the data is optional and any refusal to provide them does not affect on the performance of contractual relationships, precluding only the possibility of carrying out above mentioned promotional activities. The consent to processing personal data for the purpose of research, studies, market statistics, despatch of informative and advertising materials as well as of commercial information, of carrying out direct or indirect sales or placement of goods and services or of performing interactive marketing communications, is entirely optional and not mandatory.

By providing personal data of a third party, users expressly declare and recognise to have obtained consent from the third subjects, for the purpose of processing the third parties´ personal data by Terradice srl and third subjects referred to in this section, where requested in accordance with the personal data protection legislation, for the purposes laid down above, and to have obtained express consent to receive advertisement/informative materials regarding product and/or services that may be relevant to the user, by Terradice srl, according to the options selected in relevant sections of the website (e.g. subscription to the newsletter). Furthermore, the user declares to provide third parties with the information pursuant to article 13 of the Italian Legislation Decree 196/2003 and in particular with the possibility of indicating data to Terradice srl, for the above mentioned purposes.

The owner´s/Data Controller´s identification data for the processing of the provided data, match the data laid down in section 2 of these General Conditions.

The data are stored at the owner´s/Controller´s headquarters for the time defined by the applicable legislation.  The data will be collected, processed and stored in in full compliance with articles 31 and following sections of the Privacy Code as well as of the Technical Regulations (Appendix B to the Code) on the measures of security.

The data will be processed in full compliance to the provisions of self-regulation concerning the processing of personal data contained in the applicable Codes of Conduct.

It is possible to contact the Data Controller at any time, without formal obligations or by using the  model prepared by the Guarantor for the personal data protection to enforce its rights as provided for in Article 7 of the Code, which by its convenience is reproduced in full:

Italian Legislative Decree No 196/2003 Article 7 - Right to Access Personal Data and Other Rights

  1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
  2. A data subject shall have the right to be informed
  3. a) of the source of the personal data;
  4. b) of the purposes and methods of the processing;
  5. c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
  6. d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2);
  7. e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
  8. A data subject shall have the right to be informed
  9. a) updating, rectification or, where interested therein, integration of the data;
  10. b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
  11. c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
  12. A data subject shall have the right to object, in whole or in part,
  13. a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
  14. b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

AMENDMENTS, APPLICABLE LAW AND JURISDICTION.

Terradice srl reserves the right to make changes to the Website, the General Conditions as well as to other legal notices, published anywhere and at any time on the Website. In the course of consultations, the user is obliged to always refer to the published texts of the General Conditions and the legal notices, in the version in force.

The amendments shall become effective at the time they are published on the Website. By continuing to use the Website, following an amendment, the user agrees to those amendments.

All users may verify at any time and by accessing the Website, the latest version of the Terms and Conditions of the Website, from time to time modified by Terradice srl

The General Conditions, other legal notices published on the Website and the relationships between Terradice srl and the users of the Website have been prepared on the basis of the Italian legislation and are governed by it.  Any disputes between Terradice srl and users, connected or related to the use of the Website and/or of its Contents, are reserved to the territorial and exclusive jurisdiction of the Court of Treviso, excluding situations where - in accordance with the Italian Consumer Code (Legislative Decree 206/2005, Codice del Consumo) - the competent court envisaged by the law, is the court of the place of residence or domicile of the consumer, competent within following envisaged limits:

  • the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 concerning the law applicable to contractual obligations (commonly known as the "Rome I" Regulation) which governs the identification of the applicable law in case of conflicts of law relating to civil and commercial contractual obligations;
  • the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 concerning the law applicable to contractual obligations (commonly known as the "Rome II" Regulation) which entered into force on 11 January 2009 and governs the identification of the applicable law in case of conflicts of law relating to civil and commercial non-contractual obligations;
  • the Regulation (EC) No 44/2000 of the Council of 22 December 2000 concerning judicial competence.

If any of the provisions laid down in the General Conditions and/or in other legal notices published on the Website would be held to be inadequate or impractical, they shall however be interpreted in a way that reflects the joint intentions of Terradice srl and the users, in accordance with the rest of the General Conditions and/or further legal notices published on the Website.

A missed exercise by Terradice srl, of the rights and the provisions laid down in the General Conditions and/or in other legal notices published on the Website, is not to be understood as a waiver of these rights or provisions, unless explicit written agreement by Terradice srl has been obtained.

 

OTHER.

Terradice srl is pleased to receive informations or suggestions regarding this Website and/or its Contents, from the public.

Users may contact Terradice srl at following email address:  info@expoplant.com or by sending a written message to the address indicated above.

Any information obtained in that way by Terradice srl shall be considered as non-confidential information and shall be used without limits.

The user shall be considered liable for any information that violates third parties´ rights, provided to Terradice srl

 

© Terradice srl 2016. All rights reserved.

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