{"id":4269,"date":"2021-05-24T10:39:12","date_gmt":"2021-05-24T08:39:12","guid":{"rendered":"http:\/\/s856768783.onlinehome.fr\/general-terms-and-conditions-of-sale-gtcs-and-use-ugc\/"},"modified":"2024-12-04T18:31:25","modified_gmt":"2024-12-04T16:31:25","slug":"general-terms-and-conditions-of-sale-gtcs-and-use-ugc","status":"publish","type":"page","link":"https:\/\/bracelets-kern.com\/en\/general-terms-and-conditions-of-sale-gtcs-and-use-ugc\/","title":{"rendered":"General Terms and Conditions of Sale (GTCS) and Use (UGC)"},"content":{"rendered":"\t\t
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These general terms and conditions of sale aim, on the one hand, to inform any potential consumer about the terms and conditions under which the seller carries out the sale and delivery of ordered products, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales made by BRACELETS KERN for the products offered on its website.<\/p>\n

Consequently, placing an order for any product offered for sale on the website <\/strong>www.bracelets-kern.com<\/strong><\/a> constitutes full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read prior to placing the order.<\/strong><\/p>\n

The products are offered for sale in the following geographic area: Mainland France and Corsica.<\/p>\n

Prior to placing an order, the Buyer declares that:<\/strong><\/p>\n

Purchasing products on the website www.bracelets-kern.com<\/strong><\/a> is not directly related to their professional activity and is limited to strictly personal use.<\/p>\n

They have full legal capacity to engage under these general terms and conditions of sale.<\/p>\n

The company STEINBERG INTERNATIONAL reserves the right to modify these general terms and conditions of sale at any time.<\/p>\n\n

IDENTITY OF THE COMPANY<\/strong><\/p>\n

STEINBERG INTERNATIONAL (French operation of BRACELETS KERN)<\/p>\n

Limited liability company with a capital of \u20ac7,500<\/p>\n

Siren: 500 200 225 RCS Paris<\/p>\n

VAT number: FR17500200225<\/p>\n

Legal bases for the use of your personal data<\/p>\n

Registered Office: 9, rue Buffault – 75009 Paris<\/strong><\/p>\n

Phone: 01 42 80 27 36<\/strong><\/p>\n

Showroom: Paris<\/strong><\/p>\n\n

1 – ACCESS TO THE SITE<\/strong><\/p>\n

The Buyer is personally responsible for setting up the IT and telecommunications means required to access the website www.bracelets-kern.com<\/strong><\/a>.<\/p>\n

The Buyer is responsible for telecommunication costs incurred when accessing the Internet and using the website.<\/p>\n

STEINBERG INTERNATIONAL informs the Buyer that by accessing the website www.bracelets-kern.com<\/a>, they access a secure server operating under the SSL encryption protocol to ensure their security, guaranteeing the confidentiality, authentication, and integrity of their data.<\/p>\n\n

2 – PRICES<\/strong><\/p>\n

The sale prices of the products available online on the website www.bracelets-kern.com<\/strong><\/a>, indicated in euros, are those in effect at the time the Buyer registers their order.<\/p>\n

They do not include shipping costs, which are billed in addition to the price of the purchased products, depending on the order amount. Shipping costs will be indicated before the Buyer registers the order.<\/p>\n

The prices include the value-added tax (VAT) applicable on the order date, and any change in the applicable rate will be automatically reflected in the price of the products sold by BRACELETS KERN on its website.<\/p>\n

Any urgent order<\/strong> will result in a 10% increase in the total sale price, inclusive of all taxes (TTC).<\/p>\n

The sale prices of the products may be modified by BRACELETS KERN at any time. This modification will be communicated to the Buyer before any order.<\/p>\n\n

3 – PRODUCT CHARACTERISTICS<\/strong><\/p>\n

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an order, consult the essential characteristics of the products they wish to order (components, weight, product details) on the website www.bracelets-kern.com<\/strong><\/a>.<\/p>\n

The Buyer selects one or more products from the different categories offered on the website www.bracelets-kern.com<\/strong><\/a>.<\/p>\n

The offers presented by BRACELETS KERN are valid while stocks last. For products not stocked in its warehouses, the offers are valid subject to availability from its suppliers.<\/p>\n

BRACELETS KERN reserves the right to modify the product assortment based on constraints related to its suppliers.<\/p>\n

If a supplier modifies a product, the graphical representation of it shall not engage the seller’s responsibility or affect the validity of the sale.<\/p>\n\n

4 – ORDER<\/strong><\/p>\n

Any order implies full and unconditional adherence to these general terms and conditions of sale.<\/p>\n

When placing an order, the Buyer is required to provide BRACELETS KERN with their name, first name, address, delivery address, email address, and phone number.<\/p>\n

Once the Buyer has registered their order by clicking the “Validate” icon, they are considered to have knowingly and unreservedly accepted these general terms and conditions of sale, the prices, volumes, and quantities of the products offered for sale and ordered.<\/p>\n

The Buyer’s order must be confirmed by BRACELETS KERN by email.<\/p>\n

The sale will only be considered final after the Buyer receives confirmation of the order from BRACELETS KERN and the full price has been collected by the latter.<\/p>\n

BRACELETS KERN recommends that the Buyer keep this information in a paper or electronic format.<\/p>\n

As a member of a selective distribution network, BRACELETS KERN sells the products on its site exclusively at retail and to end consumers. Any order that does not clearly correspond to a retail sale and, more generally, any fraudulent or suspected fraudulent order will be considered null and void by BRACELETS KERN.<\/p>\n

5.A – PAYMENT<\/strong><\/p>\n

Payment must be made at the time of the order by the Buyer. If the Buyer wishes, they can opt for cash on delivery: the amounts paid will be considered as down payments, that is, amounts deductible from the sale price of a firm and final order.<\/p>\n

All orders are payable in euros.<\/p>\n

\u00a0<\/strong><\/p>\n

To pay for their order, the Buyer has the following payment methods:<\/strong><\/p>\n

1\/ Credit card<\/strong><\/p>\n

The accepted credit cards on the site are as follows: Carte Bleue, Visa, MasterCard.<\/p>\n

The Buyer agrees to make the payment using a credit card in their name.<\/p>\n

The SSL encryption protocol ensures the confidentiality, authentication, and integrity of the provided banking data.<\/p>\n

BRACELETS KERN reserves the right to request a photocopy of the Buyer’s ID and\/or credit card (front side only) for any payment by credit card. For amounts exceeding \u20ac400 including tax, BRACELETS KERN reserves the right to request a certified true copy of an ID.<\/p>\n

2\/ Bank check<\/strong> made out to STEINBERG INTERNATIONAL<\/p>\n

BRACELETS KERN will process the check upon receipt and reserves a 3-week validation period to ensure the check clears and cannot be returned unpaid.<\/p>\n

3\/ Bank transfer<\/strong><\/p>\n

4\/<\/strong> Payment in 2, 3, 4, 6, or 10 installments<\/strong> without fees using Alma<\/strong><\/p>\n

Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma acts as a payment service provider and issues an electronic certificate that serves as proof of the transaction amount and date, in accordance with Articles 1316 et seq. of the Civil Code. Termination of the T&Cs binding the Seller and the client results in the termination of the T&Cs between Alma and the client.<\/p>\n

For more details or any questions, the Buyer can contact Alma’s support team here: support@getalma.eu<\/a><\/p>\n

5\/<\/strong> Secure payment link<\/strong> by credit card via Stripe<\/strong><\/p>\n

6\/ Online credit notes<\/strong> are credit notes exclusively issued by BRACELETS KERN and can only be used on its website. They are valid for one year from the date of issuance and cannot be used in showrooms.<\/p>\n

The Buyer guarantees to BRACELETS KERN that they have the necessary authorizations to use the chosen payment method at the time of the order.<\/p>\n

BRACELETS KERN reserves the right to suspend or cancel any order and\/or delivery, regardless of its nature and execution level, in the event of non-payment of any amount owed by the Buyer, in the case of payment issues, or in the event of proven fraud.<\/p>\n

Delivery of any new order may be suspended in the case of delayed payment for a previous order, notwithstanding the provisions herein.<\/p>\n\n

As part of the fight against online fraud, information related to your order may be transmitted to any third party for verification.<\/p>\n

6 – CHOICE OF PRODUCTS<\/strong><\/p>\n

The Buyer, having reviewed the products and their characteristics marketed by BRACELETS KERN, has, under their sole responsibility and based on their needs as determined before placing any order, chosen the product(s) for their order. Moreover, since the Buyer is the only one familiar with the products they own and use, they are solely responsible for assessing the compatibility of the ordered products with those they already use.<\/p>\n

It is exclusively the Buyer\u2019s responsibility to seek advice from a consultant if they do not consider themselves sufficiently competent.<\/p>\n

7 – DELIVERY AND RECEIPT<\/strong><\/p>\n

7.1 – GENERAL RULES<\/p>\n

Products will be delivered to the address specified by the Buyer on the order form, in mainland France and Corsica.<\/p>\n

By default, invoices are sent to the email address provided by the Client during registration.<\/p>\n

Failure to comply with the procedures outlined below will result in no claims being accepted from the Buyer.<\/p>\n

7.2 – DELIVERY CHARACTERISTICS VIA CHRONOPOST AND DHL<\/p>\n

The Buyer will be delivered to their home by the Chronopost or DHL courier and will sign an acknowledgment of receipt either electronically or manually.<\/p>\n

In the event of absence, the Buyer or recipient of the ordered product will receive a delivery notice, allowing them to contact the carrier to arrange another delivery date.<\/p>\n

The Buyer is required to verify the condition of the package and the number of packages delivered in the presence of the courier.<\/p>\n

In case of doubt, the Buyer must refuse the package and report the incident to BRACELETS KERN.<\/p>\n

7.3 – DELIVERY TIMES<\/p>\n

The delivery times, following validation of your order under the conditions of Article 4, are as follows:\nChronopost: 1 to 2 working days\nDHL: 1 to 2 working days<\/p>\n

For any order confirmed before 1:00 PM, Monday to Friday (excluding public holidays), the order will be dispatched the same day, subject to stock availability.<\/p>\n

In any case, and in accordance with the provisions of Article L. 216-1 of the Consumer Code, BRACELETS KERN will deliver the goods or provide the service on the date or within the timeframe indicated to the Buyer. If no date or agreement has been made regarding the delivery or execution date, BRACELETS KERN will deliver the goods without undue delay and at the latest thirty days after the conclusion of the contract.<\/p>\n

Delivery is deemed to have occurred when the Buyer gains physical possession or control of the goods.<\/p>\n

If delivery does not occur by the expiration of this deadline, the Buyer will, in accordance with Article L. 216-2 of the Consumer Code, have the option to cancel the contract by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after requesting, in the same manner, that BRACELETS KERN deliver the goods or provide the service within a reasonable additional period, it has not been executed within that period.<\/p>\n

The contract is considered canceled upon receipt by BRACELETS KERN of the letter or written notification of cancellation, unless BRACELETS KERN has performed in the meantime.<\/p>\n

The Buyer may immediately cancel the contract if BRACELETS KERN refuses to deliver the goods or fails to meet its delivery obligation at the expiration of the deadline set forth in the first paragraph of Article L. 216-1, and if this date or deadline constitutes an essential condition of the contract for the Buyer. This essential condition arises from the circumstances surrounding the conclusion of the contract or an explicit request from the Buyer prior to the conclusion of the contract.<\/p>\n

Any sums paid by the Buyer will be refunded without delay, excluding any other compensation.<\/p>\n

In the event of a delay in delivery compared to the initially set date, the Buyer must notify BRACELETS KERN in writing (letter, fax, email) to improve the quality of service that may be offered to them and to allow BRACELETS KERN to investigate with the carrier.<\/p>\n\n

An investigation with the carrier can take up to 21 business days. If the product is found during this period, it will be immediately redirected to the delivery location specified in the order.<\/p>\n

However, if the ordered product is not found at the end of this 21-day investigation period, BRACELETS KERN will proceed with a new shipment of the products ordered by the Buyer at its own expense.<\/p>\n

In the event that the ordered product is no longer available, the provisions referred to in Article 8 will apply. In the case of a product exchange, delivery fees will be borne by the consumer.<\/p>\n

7.4 – RETURN OF PRODUCTS FOR NON-CONFORMITY OR BUYER SATISFACTION<\/p>\n

Products that do not conform to the order or do not provide full satisfaction can be returned by the Buyer under the conditions and instructions set out in these General Terms and Conditions of Sale (CGV).<\/p>\n

For this purpose, the Buyer is entitled to a right of withdrawal, which is exercised in accordance with the applicable legislative provisions and Article 8 of these CGV, and a legal warranty of conformity, which is exercised in accordance with the applicable legislative provisions and Article 11.2 of these CGV.<\/p>\n

Any product that has been damaged or whose original packaging has been deteriorated will not be refunded or exchanged.<\/p>\n

BRACELETS KERN will refund the amounts paid by the Buyer, using the same payment method as the one used by the Buyer, or exchange the returned product within 14 days following the delivery or receipt of the product. If the product is no longer available, either temporarily or due to a stop in production, BRACELETS KERN may offer the Buyer a similar product.<\/p>\n

Before any exchange or refund, BRACELETS KERN will ensure that the returned product is in perfect conformity with the product that was delivered to the Buyer, without any modification, alteration, damage, or intervention of any kind by the Buyer.<\/p>\n

7.5 – RETURN IN STORE<\/p>\n

The Buyer can visit the BRACELETS KERN showroom in PARIS and return their store purchases within 7 days from the receipt date of their order.<\/p>\n

The Buyer must present the corresponding Return Slip for their order.<\/p>\n

7.6 – RETURN BY MAIL<\/p>\n

Outside the right of withdrawal, BRACELETS KERN accepts the return of any item purchased on www.bracelets-kern.com<\/strong><\/a> if it is returned within one month from the date the order was received by the Buyer. The shipping costs of the return parcel remain the responsibility of the Buyer. To return an item, the Buyer must follow the instructions below:<\/p>\n\n

    \n \t
  1. Use the original packaging to return the product.<\/li>\n \t
  2. Fill out and attach the Return Slip that detaches from the Delivery Note. Returns without a Return Slip are not accepted.<\/li>\n \t
  3. Send the parcel to the following address:<\/li>\n<\/ol>\n

    BRACELETS KERN\nAttention: After-sales Service\n9, rue Buffault 75009 PARIS<\/strong>\nBRACELETS KERN does not accept parcels sent with postage due.<\/p>\n

    Any risk related to the return of the product is the responsibility of the Buyer. BRACELETS KERN will not be held responsible for any loss or theft of the product during transit.<\/p>\n

    8 – RIGHT OF WITHDRAWAL<\/strong><\/p>\n

    In accordance with Article L. 221-18 of the Consumer Code, the Buyer has the right to withdraw, without giving any reason, within fourteen days from the date of receipt of the goods.<\/p>\n

    In accordance with Article L. 221-23 of the Consumer Code, the Buyer must return or hand over the goods to BRACELETS KERN or to a person designated by it, without undue delay and, at the latest, within fourteen days following the communication of their decision to withdraw.<\/p>\n

    The Buyer will only bear the direct costs of returning the goods.<\/p>\n

    The products must be returned to BRACELETS KERN in perfect resale condition, in their original state (packaging, accessories, instructions…), properly sealed, and accompanied by the signed return slip.<\/p>\n

    BRACELETS KERN commits to refunding the amounts paid by the Buyer, using the same payment method as the one used by the Buyer, excluding the return shipping costs mentioned above, within fourteen days from the date the Buyer exercised their right of withdrawal, or if the product has already been received by the Buyer, within 14 days from the receipt of the returned product by BRACELETS KERN.<\/p>\n

    If the payment was made by check, the refund will only be made by bank transfer, after the Buyer has provided BRACELETS KERN with their full bank account details in writing.<\/p>\n

    BRACELETS KERN informs the Buyer that, in accordance with Article L 221-28 3e.<\/sup> of the Consumer Code, they do not benefit from such a right of withdrawal for custom-made creations ordered by the Buyer, personalized products, certified, engraved, resized or cut products, certified diamonds engraved with a unique identification number, and are therefore neither exchanged, nor refunded.<\/p>\n

    Furthermore, the surcharge charged for any urgent order may not be subject to exchange or refund. This amount is definitively acquired by BRACELETS KERN due to the implementation of specific means to meet the Buyer\u2019s particular request. Only the price of the product(s) purchased by the Buyer may be subject to exchange or refund.<\/p>\n

    This right of withdrawal shall not apply if the products have clearly been subject to durable use.<\/p>\n

    In accordance with Articles L. 221-5 and L. 221-13 of the Consumer Code, a withdrawal form model is provided to the Buyer on a durable medium, within a reasonable time after the conclusion of the contract and no later than at the time of delivery of the goods.<\/p>\nThis form is available by following this link<\/a>\n

    9 – RETENTION OF TITLE<\/strong><\/p>\n

    BRACELETS KERN retains full and entire ownership of the products sold until full payment of the price, including principal, fees, and taxes.<\/p>\n

    10 – LIABILITY<\/strong><\/p>\n

    BRACELETS KERN shall not be held liable for non-performance of the contract in the event of stock shortages or unavailability of the product due to force majeure, disruption, or partial or total strikes, particularly of postal services, transport means, and\/or communications.<\/p>\n

    BRACELETS KERN shall not be held liable for any indirect damages that may arise from the purchase of the products.<\/p>\n

    BRACELETS KERN shall not be responsible for any loss of data, files. It is the responsibility of the Buyer to carry out any necessary backups.<\/p>\n

    The BRACELETS KERN website also contains information from third parties and links to other websites. BRACELETS KERN shall not be held responsible for any damage arising from the use of, access to, or inability to use this third-party information, nor the content of other websites.<\/p>\n

    11 – WARRANTY<\/strong><\/p>\n

    11.1 Commercial Warranty<\/p>\n

    The Buyer benefits from a commercial warranty, the duration of which is mentioned on the warranty certificate delivered with the ordered product.<\/p>\n

    This warranty is subject to normal use of the product. Defects resulting from wear, loss, breakage, any accidental circumstances unrelated to the product, and intervention by a third party are excluded from the warranty.<\/p>\n

    The Buyer must return the product, along with the warranty certificate, under the conditions specified in Article 7.5 of these terms.<\/p>\n

    11.2 Legal Warranty of Conformity<\/p>\n

    In accordance with L. 217-4 of the Consumer Code, BRACELETS KERN undertakes to deliver goods that conform to the contract and is responsible for any defects of conformity existing at the time of delivery.<\/p>\n

    The good is considered conforming to the contract if:<\/p>\n

    1\u00b0 It is fit for the usual purpose expected of such a good, and, if applicable:<\/p>\n

    – if it corresponds to the description given by the seller and possesses the qualities the seller presented to the buyer in the form of a sample or model;<\/p>\n

    – if it has the qualities that a buyer can legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;<\/p>\n

    2\u00b0 Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.<\/p>\n

    Defects of conformity that appear within twenty-four months of delivery are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set to six months. Thus, the Buyer is exempt from providing proof of the existence of the conformity defect of the good within twenty-four months of delivery, except for second-hand goods.<\/p>\n

    In the event of a conformity defect, the Buyer must choose between repair and replacement of the goods.<\/p>\n

    However, BRACELETS KERN may not proceed according to the Buyer\u2019s choice if this choice entails a manifestly disproportionate cost in relation to the other option, given the value of the goods or the significance of the defect. BRACELETS KERN is then required to proceed, unless impossible, with the option not chosen by the Buyer.<\/p>\n

    If the repair or replacement of the goods is impossible, the Buyer may return the goods and receive a refund or keep the goods and receive a partial refund of the price.<\/p>\n

    To implement the legal warranty of non-compliance, the Buyer must contact BRACELETS KERN within two years from the delivery of the goods.<\/p>\n

    11.3 Hidden Defects Warranty<\/p>\n

    The Buyer may decide to invoke the warranty against hidden defects of the sold item under Article 1641 of the Civil Code.<\/p>\n

    Thus, BRACELETS KERN is liable for the warranty due to hidden defects of the sold item that make it unsuitable for the intended use or that so significantly reduce its use that the buyer would not have purchased it or would have paid a lower price had they known about them.<\/p>\n

    In this case, the Buyer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.<\/p>\n

    In accordance with Article 1648 of the Civil Code, this action can be initiated within two years from the discovery of the defect.<\/p>\n

    12 – PARTIAL INVALIDITY<\/strong><\/p>\n

    If one or more provisions of these general terms and conditions of sale are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and effect.<\/p>\n

    13 – NO WAIVER<\/strong><\/p>\n

    The fact that one party does not invoke a breach by the other party of any obligation under these general terms and conditions of sale cannot be interpreted as a waiver of the obligation in question for the future.<\/p>\n

    14 – APPLICABLE LAW AND COMPETENT JURISDICTION<\/strong><\/p>\n

    Sales of products by BRACELETS KERN are subject to French law.<\/p>\n

    Any dispute relating to the interpretation and execution of these general terms and conditions of sale is governed by French law.<\/p>\n

    In the absence of an amicable resolution, the dispute will be brought before the competent court, namely, the one in the defendant’s domicile (Article 42 of the Code of Civil Procedure), the one where the goods were delivered or the service was performed (Article 46 of the Code of Civil Procedure), or the one where the defendant resided at the time of contract formation or the occurrence of the harmful event (Article R. 631-3 of the Consumer Code).<\/p>\n

    15 – “DATA PROTECTION AND PRIVACY”<\/strong><\/p>\n

    The information collected by BRACELETS KERN during any order from the Buyer is necessary for the management of their order by BRACELETS KERN and its commercial partners. In accordance with the “Data Protection and Privacy” Law No. 78-17 of January 6, 1978, the Buyer has the right to access, rectify, oppose, and delete their data held by BRACELETS KERN.<\/p>\n

    Through BRACELETS KERN, the Buyer may receive commercial proposals from other organizations or companies, or be informed of BRACELETS KERN’s offers. If the Buyer wishes to receive these proposals, they may inform BRACELETS KERN by mail or email.<\/p>\n

    BRACELETS KERN reserves the right to place cookies on the computer of visitors to its website.<\/p>\n

    A cookie does not allow us to identify you. In general, it records information about your computer\u2019s navigation on our site (the pages you have visited, the date and time of the visit, etc.) that we can read during your future visits. Specifically, it contains the information you just provided to us. Thus, you will not need to fill out the form we proposed again during your next visit.<\/p>\n

    We inform you that you can object to the recording of “cookies” by configuring your browser.<\/p>\n\n

      \n
    1. MEDIATOR<\/strong><\/li>\n<\/ol>\n

      In accordance with Article L.612-1 of the Consumer Code, the Buyer has the right to use a consumer mediator free of charge to resolve the dispute with BRACELETS KERN amicably.<\/p>\nTo resolve your disputes, you must first send a written complaint to Maison BRACELETS KERN, 9 rue Buffault, 75009 PARIS or by email: <\/span>finance@bracelets-kern.com<\/a><\/span> One month later, if you do not receive a satisfactory response, you can contact the mediation service <\/span>CM2C <\/strong>simply and for free via the electronic submission of your case at <\/span>https:\/\/cm2c.net\/<\/a><\/span> or by regular mail (attach your email, phone, and written complaint) to this address: <\/span>14 rue Saint Jean \u2013 75017 PARIS \/ 01 89 47 00 14<\/span>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

      These general terms and conditions of sale aim, on the one hand, to inform any potential consumer about the terms and conditions under which the seller carries out the sale and delivery of ordered products, and on the other hand, to define the rights and obligations of the parties in the context of the sale …<\/p>\n

      General Terms and Conditions of Sale (GTCS) and Use (UGC)<\/span> Read More 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