Akuna UK - health and success

TERMS AND CONDITIONS

Of the company

Akuna CZ, s.r.o.

With its registered office

Vídeňská 186/118, 619 00 Brno

IČ: 255 72 652, DIČ CZ 255 72 652

Entered in the Commercial Register kept at the Regional Court in Brno, Section C, Entry 34758 for sale of goods through an online shop located at www.akuna.shop

BASIC PROVISIONS
1. These Terms and Conditions (hereinafter referred to as the „Terms and Conditions") of the website and the internet shop www.akuna.shop operator, the company Akuna CZ s.r.o, with its registered office at Vídeňská 186/118, 619 00 Brno, company ID: 255 72 652, DIČ CZ 255 72 652, entered in the Commercial Register kept at the Regional Court in Brno, Section C, Entry 34758 (hereinafter referred to as the "Seller") regulate in accordance with the provision § 1751 (1) of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising out of or in connection with the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer" or "customer") via the Seller's internet shop or otherwise specified in Article 3.4. The e-shop is operated by the Seller at www.akuna.shop through the web interface (hereinafter referred to as the "web interface of the shop“).
2. The Terms and Conditions also edit the rights and obligations of the contractual parties for using the seller's website located at www.akuna.shop (hereinafter referred to as "Website") and other related legal relationships.
3. In cases where a person who intends to buy the goods from the Seller is not a consumer (for example, it is a legal person or entrepreneur), the following documents regulate the relations between the seller and such person: a) Business cooperation agreement, b) Commercial Terms for Business Cooperation, c) Special Provisions of Article 10 of the Terms and Conditions.
4. A provision derogating from the Terms and Conditions can be negotiated in the purchase agreement. Distinctive arrangements in the purchase agreement take precedence over the provisions of the Terms and Conditions.
5. The Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and the Terms and Conditions are prepared in the English language. The purchase agreement can be concluded in the English language.
6. The seller may change or add the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
USER ACCOUNT
1. The buyer can order goods directly from the web interface of the shop. Based on buyer´s registration made on the website, the buyer can access his/her user interface. From his/her user interface, the buyer can order goods (hereinafter referred to as the "user account").
2. When registering on the website and ordering goods, the buyer is requested to indicate all data correctly and truthfully. The buyer is requested to update the details in the user account upon any change. Data provided by buyers in the user account and when ordering goods are considered by the seller to be correct.
3. Access to a user account is secured with a password. A buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.
4. The buyer is not authorized to allow any third parties to use the user account.
5. A seller may cancel the user account, especially if the buyer does not use his/her user account or if the buyer violates his/her obligations under the purchase agreement (including the Terms and Conditions).
6. The buyer acknowledges that the user account may not be available continuously, especially with regards to the necessary maintenance of the hardware and software of the seller, respectively maintenance of hardware and software of third parties.
CONCLUSION OF PURCHASE AGREEMENT
1. All presentations of the goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase agreement for these goods. Section 1732 (2) of the Civil Code does not apply. All offers of goods sold in the web interface of the shop are therefore non-binding and the seller is not obliged to conclude an agreement for these goods. Submission of the goods order can be done by filling in and sending the order form, by e-mail, telephone or in person.
2. The web interface of the shop contains information on goods including prices of particular goods. The prices of goods are stated including VAT and all related fees, whilst the prices of offered goods do not include transport fee (art.3.3). Goods prices in the web interface can differ from the prices in the stone shop of the seller. Goods prices remain the same during the time when they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated terms.
3. The web interface also contains information on the costs related to goods packaging and delivery. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases when the goods are delivered within the territory of the United Kingdom and the Republic of Ireland.
4. The buyer can use the online order form in the web interface of the shop to make an order.
  To order goods or services through the on-line order form, the buyer will fill in the order form in the web interface of the shop.
  The order form contains mainly information about:
  a) ordered goods (ordered goods are „placed“ by the customer in the electronic basket of the web interface of the shop)
  b) method of payment ofr the purchase price of the goods, information about requested method of transport of the ordered goods
  c) information on cost related to goods delivery or provision of a service (hereinafter referred to as the „order“)
5. In case the customer has chosen method of transport throught the online form then he/she has the option to check and amend data which he/she entered in the order even with respect to the customer's ability to detect and correct errors occurring when entering the data into the order, all before sending the order itself. The data that the Buyer stated in the order is considered by the seller to be correct and the Seller is not obliged to verify their truthfulness. The seller will, after receving the order, confirm its receipt to the customer by e-mail (summary of the ordered goods), to the customer's electronic mail address listed in the user interface or in the order (hereinafter referred to as the buyer's electronic address).
6. The seller commits to deliver the ordered goods to the buyer abd the customer commits to pay for the goods to the seller in full amount.
7. The seller is always entitled to ask the buyer for additional confirmation (authorization) of the order, usually electronically, in writing or by phone.
8. The contractual relationship between the seller and the buyer originates by delivering the order acceptance which has been sent to the buyer by email and to the electronic address of the buyer
9. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase agreement (costs of Internet connection, telephone call costs) that do not differ from the basic rate are borne by the buyer himself.
GOODS PRICE AND PAYMENT TERMS
1. Goods price and potential costs related to goods delivery according to the purchase agreement can be paid by the buyer to the seller:
  - online platební kartou
2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, also the costs associated with the delivery of the goods are further understood as the purchase price.
3. The seller does not ask the buyer for a deposit or a similar payment. This is without prejudice to the provisions of Articles 4.4 to 4.6 of the Terms and Conditions concerning the obligation to pay the purchase price of the goods in advance.
4. In the case of non-cash payment, the goods are sent to the buyer only after payment of the purchase price, exceptionally earlier upon arrangement. The price is payable no later than 7 days after the purchase agreement is concluded.
5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods. The buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's account in the case of cashless payment.
6. Any discounts off the price of goods provided by the seller to the buyer can not be combined.
7. If it is common in the business or if it is determined by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer based on the payments made under the purchase agreement. The seller is a value added tax payer. Tax document - the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address or sent together with the goods.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. The buyer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from the agreement:
  a) on the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and if the enterpreneur has communicated to the consumer before the conclusion of the contract that in such case he has no right of withdrawal, že v takovém případě nemá právo na odstoupení od smlouvy,
  b) on the supply of goods or services whose price depends on financial market deflections, independent of the will of the enterpreneur and which may occur during the withdrawal period,
  c) on the supply of goods which had been adjusted to the consumer's request or for his own account,
  d) on the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
  e) on repair or maintenance carried out at a place designated by the consumer at his request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
  f) on the supply of goods in sealed packaging which the consumer has removed from the packaging and which can not be returned for hygienic reasons,
  g) on the delivery of a sound or image recording or a computer program if he/she has broken its original packaging,
  h) on the supply of newspapers, periodicals or magazines,
  i) on accommodation, transport, catering or leisure, if the enterpreneur provides such services within a specified time,
  j) concluded by public auction under the law governing public auctions, or
  k) on the supply of digital content if it has not been supplied on a physical medium and has been supplied with the consumer's prior express consent before the expiry of the withdrawal period and the trader has informed the consumer, before concluding the contract, that he/she has no right to withdraw from the contract in such case.
2. Unless the case referred to in Article 5.1 or another case where the purchase agreement can not be withdrawn, the buyer who is the consumer and ordered goods in other way than in person, in accordance with the provisions of Section 1829 (1) of the Civil Code, has the right to withdraw from the purchase agrreement within 14 days after receipt of the goods, where, in case of several types of goods or the delivery of several parts, the purchase agreement runs from the date of the last delivery of the goods. The withdrawal from the purchase agreement must be sent to the seller within the time limit specified in the previous sentence.
3. In order to withdraw from the purchase agreement, the buyer - consumer may use the model form provided by the seller, which is an attachment to the Terms and Conditions. Withdrawal from the purchase agreement may be made by the buyer to the address of the seller's office (Akuna CZ, s.r.o., Vídeňská 186/118, Brno 619 00) or to the e-mail address of the seller info@akuna.cz. In these cases, the buyer notifies the seller that he/she is withdrawing from the purchase agreement, specifying the order number, invoice number, name and date of purchase.
4. For the buyer's withdrawal from the purchase agreement the seller also provides a „Model Instruction on the buyer's right to withdraw from contracts concluded in a distance manner“, in accordance with Government Decree No. 363/2013 Coll. This instruction is an integral part of the Terms and Conditions.
5. In the case of withdrawal from the purchase agreement according to Art. 5.2 of the Terms and Conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal of the agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by their usual postal route.
6. In case of withdrawal under Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase agreement in the same manner as the seller has accepted them from the buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the buyer agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
7. The buyer acknowledges that if the goods returned to him are damaged or destroyed, the seller is entitled to the customer's damages to the damages incurred by him. The seller is entitled to indemnify unilaterally the buyer's claim for a refund of the purchase price.
8. The buyer further ackowledges that the non-receipt of the ordered goods (shipment) is not considered to be a withdrawal from the purchase agreement. The purchase agreement must be explicitly cancelled.
9. Up to the receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase agreement any time. In such a case, the seller returns the paid purchase price to the buyer without undue delay, by credit card to the buyer's account. The seller is entitled to withdraw from the purchase agreement in accordance with the above in the following cases:
  - the seller has doubts about the buyer's true identity
  - the seller is unable to deliver the goods within the given deadline
  - goods are no longer manufactured or supplied
  - the price of the goods supplied has changed significantly and the customer does not accept the price change
  - the buyer has filled in incorrect or incomplete contact details, the buyer is unavailable, does not reply to emails, etc.
  - the order has remained unauthorized or unpaid by the buyer for more than 7 calendar days
10. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the exiting condition that if the buyer withdraws from the purchase agreement, the gift agreement is lost and the buyer is obliged to return the goods to the seller together with provided gift.
TRANSPORT AND SUPPLY OF GOODS
1. If the method of transport is agreed upon by a buyer's special request, the buyer carries the risk and any additional costs associated with this method of transport.
2. If the seller is, according to the purchase contract, obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
3. Acceptance of the goods by the buyer is basically possible only after its full payment, unless agreed otherwise.
4. If it is, for any reason on buyer´s side, necessary to deliver the goods repeatedly or in a method other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another delivery method.
5. Upon receipt of the goods from the transport company, the buyer is required to check the integrity of the goods packaging and the condition of the shipment and, in the event of any defects, immediately notify the transport company. In the event of violation of the packaging indicating unauthorized entry into the consignment, the buyer is required not to take over the consignment from the transport company.
6. Other rights and obligations of the parties in the transport of goods may be amended by the seller´s special delivery terms if they are issued by the seller.
7. An overview of possible methods of shipments delivery and their prices.
  When using the distribution through a transport service to deliver to the buyer's address, the transport fee is charged in the amount of 11 GBP including VAT to the United Kingdom and 30 GBP including VAT to the Republic of Ireland
  
  Business address:
  Akuna CZ, s.r.o., Vídeňská 186/118, 619 00 Brno, Czech republic
8. The goods are distributed after prior confirmation of the order via the courier service. The delivery time is 4-6 business days thereafter. The delivery time begins to run in the case of a prepayment after the payment has been credited to the seller's account. The seller reserves the right to extend the delivery time in special cases resulting from force majeure or in cases where it has not been possible for objective reasons to deliver at the foreseen time.
RIGHTS FROM DEFECTIVE PERFORMANCE
1. The rights and obligations of the contractual parties regarding defective performance rights are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925 and § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
2. The seller is responsible to the buyer that the goods are free from defects upon takeover. Especially the seller is responsible to the buyer that at the time the buyer takes over the goods:
  1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, have such characteristics as the seller or the manufacturer have described or which the buyer expects with regards to the nature of the goods and based on the advertising made by them,
  2. the goods fit the purpose which the seller indicates or to whom the goods of this type are usually used,
  3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
  4. the goods are in the appropriate quantity, degree or weight and
  5. goods comply with legal requirements.
3. The provisions of Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for the wear and tear of the goods caused by its normal use, in the case of second-hand goods for a defect the corresponds to the degree of use or wear and tear which the goods had at the time of takeover by the buyer, or if it results from the nature of the goods.
4. If there is a defect within six months of the takeover, the goods are considered to have been defective already at the takeover.
5. Rights from defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the claim is possible with regards to the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the claimed goods from the buyer.
6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
3. Out-of-court complaint handling of consumers is ensured by the seller via the electronic address info@akuna.cz. Information that the complaint has been handled will be sent by the seller to the buyer's electronic address.
4. The seller is authorized to sell the goods on the basis of a trade licence. Trade inspection is carried out within the scope of its competence by the relevant Trade Licencing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
5. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
PROTECTION OF PERSONAL DATA AND SENDING BUSINESS DATA
1. The administrator handles personal data depending on which service the customer uses. Because Administrator services can be used only after customer registration, the range of data processed by the Administrator varies depending on the selected registration.
  In the case of basic customer registration, these are the categories of personal data:
  a) Name, contact details: name and surname, phone number, e-mail address.
  b) Login data: login names and passwords.
  
  In addition to the above information, the customer can also provide the entrepreneur identification number, tax identification number and address (street, city, postcode). In case the Customer provides such additional information, the Administrator also processes these data.
  c) Data arising due to the duration of the contract - purchased goods and services, bank connection.
  
  In case of extended customer registration beyond the above categories under this section, the Administrator also processes details about special discount account that is used to draw back bonuses from the Administrator.
  The administrator further processes the following personal data:
  
  d) Data from Administrator to Customer communication
2. The processing of personal data by the Administrator takes place to the appropriate extent on the following legal grounds:
  a) the necessity of such processing for the performance of a contract concluded between the Administrator and the Customer, as well as for the exercise of the rights arising from such an obligation,
  b) fulfilment of the legal obligations of the Administrator according to generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, hereinafter referred to as "CC"
  c) the performance of the Administrator's legitimate interests, which represent a collection of facts and data proving the proper performance of the duties of the Administrator,
  d) the provision of personal data by the customer is necessary for the creation of an obligation established by the concluded agreement according to Section 1723, paragraph 1 of the OZ
  The purpose of processing the customer's personal data is to properly perform the agreement between the Administrator and the Customer as well as other obligations imposed by generally binding legal regulations.
3. The administrator processes the Customer's personal data for the duration of the contractual relationship between the Administrator and the Customer, the performance deadlines agreed in it and for the next 5 years.
4. The Customer hereby grants the Administrator the approval to send presentations of the products of the Administrator and the persons with whom the concern is formed, offers of further cooperation and other business communications pursuant to the provisions of Section 7, paragraph 3 of Act No. 480/2004 Coll., on information society services.
5. Within the user account, the customer has access to his/her contact information, data generated by the order, username and password. Through a user account, customers can manage these data. Access to the user account is only enabled after entering the correct access data, ie username and password. The administrator does not take responsibility for the misuse of access data, unless he caused this situation directly.
  Appropriate, regularly updated and revised technical, organizational and other measures are put in place by the Administrator to prevent unauthorized or accidental access to personal data, their alteration, destruction, loss or other unauthorized handling.
6. The Administrator declares that, according to the legal provision of Section 79 of Act No. 90/2012 Coll., on commercial companies and cooperation, it forms a concern with other entities.
  Among the recipients of personal data provided by the Administrator is, in respect of the obligations of the Administrator imposed by generally binding legal regulations are public authorities, in particular administrative, judicial or other public authorities. With respect to the proper performance of the agreement between the Customer and the Administrator, the Administrator may also provide the customer's personal data to the extent necessary to other categories of recipients such as transport or banking companies
  
  With respect to the proper performance of this Agreement and the cooperation of the entities within the concern of the Administrator, the Administrator will provide the Customer's personal data to the entities forming the concern within the European Union (European Economic Area) and out of it. These entities act as processors of personal data and will observe comparable rules and principles of personal data protection, as maintained by the Administrator. The Administrator guarantees the transfer of personal data to the other members of the concern in order to maximize the rights of the data subject, minimizing the transmitted data and conduct of all entities in the concern in accordance with the GDPR. The current possible list of potential recipients of personal data is as follows:
  
  DC Savings System, a.s., IČ 293 15 450, se sídlem Vídeňská 186/118, Přízřenice, 619 00 Brno
  AKUNA INTERNATIONAL CORPORATION, L4W5B6 Ontario, Mississauga, Satellite Drive 5115, Kanada, Registrační číslo: 062 88 227
  AKUNA CANADA inc., L4W5B6 Ontario, Mississauga, Satellite Drive 5115, Kanada, Registrační číslo: 062 88 227
  AKUNA UK Ltd., The Glasshouse Kings Lane, Norwich NR1 3PS, United Kingdom
  AKUNA Polska, Sp. z o.o., ul. 11-go Listopada 11, 40-387 Katowice, POLSKA
  Akuna Deutschladnd GmbH, Adlersgestell 129, 124 39 Berlin, Germany
  Akuna Italia S.r.l., V. Giuseppe Bernascone, 1 21100 Varese, Italy
  AKUNA SK, s.r.o., Borekova 10, 821 06 Bratislava, Slovakia
  AKUNA HUNGARY, Kft., 1111 Budapest, Bartók Béla Út 30, Hungary
  "Akuna LT", Kazbeju g.25 , LT 02241 Vilnius, Lithuania
7. The Customer, as a data subject, has the following rights to the Administrator:
  a) The right of access to personal data means that the Customer has the right to obtain information from the Administrator on whether he/she is processing his or her personal data and, if so, what data is involved and how it is processed. The Customer also has the right to have the Administrator, without undue delay, correct the inaccurate personal data that is relevant to him/her at his/her request. The Customer has the right to add incomplete personal data any time.
  b) The right to delete personal data is the responsibility of the Administrator to liquidate the personal data of the customer of whom he processes it under the conditions of Article 17 GDPR, especially if they are no longer needed for the purposes for which they were collected (this right also fulfils the so-called right to be forgotten).
  c) The right to limit processing is the obligation of the Administrator in the cases under Article 18 GDPR to restrict the processing of the customer's personal data. Against processing that is based on legitimate interests of the Administrator or is necessary for the performance of a task carried out in the public interest or in the exercise of public authority, the Customer has the right to object.
  d) The right of portability is the right of the customer to transfer the processed personal data by the Administrator (by consent or for the purpose of performing the agreement) to another Administrator.
  The Customer is entitled to file a complaint with the Administrator in connection with the processing of his or her personal data by the Administrator, or contact the Office for Personal Data Protection. More information on the rights of data subjects (Customer) is available on the website of the Office for Personal Data Protection. (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276
8. The website of Administrator www.akuna.shop uses the so-called cookies. These are short text files that the website sends to a computer browser, smartphone, or other device. The purpose of these files is to record the customer's site visit information and to subsequently optimize the site's functioning. The customer is informed of the fact that cookies are eligible to collect site visit information, and then use that information to display customized ads. However, these details are not eligible to identify the site visitor.
9. The Customer affects the use of cookies depending on the web browser he/she uses. The default settings for web browsers may vary, so it is up to the customer which cookie storage mode he/she allows in their browser settings.
SPECIAL PROVISIONS FOR CASES WHERE BUYERS ARE NOT CONSUMERS
1. In cases where the buyer is not a consumer, the provisions of Articles 5.1 to 5.7, Articles 7.2 to 7.5, and Article 8.3 of the Terms and Conditions do not apply.
2. In case the buyer is not a consumer, the seller is solely responsible for the damage caused by the seller.
FINAL PROVISIONS
1. If a relationship based on a purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes so, instead of invalid provisions a provision will be introduced whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or the Terms and Conditions require a written form.
3. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
4. The attachment to the Terms and Conditions is a Model instruction on Buyer's right for withdrawal from Agreements concluded in a distance manner and a Model form for withdrawal from the Purchase Agreement.
5. Disputes arising from agreements where there is an entrepreneur on one side and the consumer on the other side can be dealt with out-of-court. This is a way of resolving disputes outside general courts. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection, Štěpánská 567/15, 120 00 Praha 2, http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni- spotrebitelských-sporu-adr/.
6. Contact details of the seller: delivery address Akuna CZ, s.r.o., Vídeňská 186/118, Brno 619 00, electronic mail address info@akuna.cz, phone number +420 731 190 191.

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Terms and conditions

TERMS AND CONDITIONS