Welcome to Eclectic Boogaloo! The terms "we", "us" and "our" refer to Eclectic Boogaloo. Eclectic Boogaloo operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Eclectic Boogaloo is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where Eclectic Boogaloo is located, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.
We are: Eclectic Boogaloo, a company registered in Australia under ABN 17583974910.
Our address is: 37 Capella Crescent, Moorabbin, Victoria, 3189. Australia.
You are: a visitor to Our website, our Customer.
We sell products and services across various distinct categories, each with its own Terms & Conditions.
Categories are indicated in the Terms & Conditions explicitly. Any Terms or Conditions with-out an indication of specific categories, or stated as General, indicate that they apply to all categories.
Definition of Categories.
Please read the category-specific sections carefully before placing your order, as terms differ meaningfully between categories.
GENERAL
No person under the age of 18 may purchase Goods or Services. We look forward to seeing you again when you are over 18 years of age.
This agreement contains the entire agreement between Eclectic Boogaloo and you, our Customer and as such supersedes all previous agreements and understandings between each parties.
If you use our website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Eclectic Boogaloo reserves the right to update the Terms and Conditions set out herein, without notice. The terms that apply to you are those posted on Our website on the day you order Goods or Services.
The price of Goods or Services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time you buy those Goods or Services.
In the future, if you buy Goods or Services from us under any arrangements which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all Countries. We may refuse to deliver the Goods if you live in a country we do not serve.
We reserve the right to charge a fair rental value for storage of Goods that belong to you, that have not been collected within a reasonable time frame. This includes furniture that has been delivered to our warehouse to store temporarily either prior to works, or after works completion, where the works have been unable to start due to payment not being made, or customer decisions relating to the works have not been provided within a reasonable time frame.
UPHOLSTERY COURSES & CLUB
Upholstery Course or Club participants must be 16 years of age or older.
Full payment is required upon booking. Booking online is not guaranteed unless we have received payment for the course or workbench and we have sent you a receipt.
Upholstery Course or Club bookings are not transferable unless approved in writing by Eclectic Boogaloo.
We reserve the right to reschedule or cancel class if the minimum number of students booked in the class has not been reached, in which case we will offer booked students the choice of a refund, or an offer to reschedule.
Upholstery Course or Club members participate in our Workshops, Events or Workbench bookings at their own risk. Eclectic Boogaloo is not responsible for a participant’s personal injury.
Upholstery Course or Club members are required to follow Government mandates as stipulated from time to time. This may include health orders such as being fully vaccinated for COVID-19, social distancing, checking-in and wearing face coverings.
GIFT CARDS
Entitles the electronic gift card (gift card) holder to apply the full value of the gift voucher towards a selected Goods, Services or Course offer by Eclectic Boogaloo.
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.
UPHOLSTERY & DRAPERY FABRICS
Fabric orders are subject to minimum order quantities as set by individual suppliers. Minimums will be clearly stated on the product listing. We are unable to cut below the supplier's minimum quantity.
Fabric colours displayed on our website are representative only. Due to variations in monitor calibration, dye lots, and print runs, actual colours may differ from those shown. We strongly recommend ordering a physical sample before committing to a full fabric order. We accept no liability for colour variation between screen representations and delivered product.
Pattern repeats and fabric widths are provided in good faith based on supplier specifications and may be subject to slight variation.
International shipping of fabric products may be available upon request. However, some fabrics from certain suppliers cannot be shipped internationally due to licensing agreements, territorial distribution restrictions, or supplier policy. In such cases, we will notify you promptly and offer a full refund or alternative product recommendation.
BUSINESS DAYS
Orders are processed on Business Days only. A Business Day is defined as Monday to Friday, excluding Australian public holidays (Federal and State/Territory public holidays applicable to our location).
Orders placed after 12:00 pm AEST/AEDT on a Business Day, or on a weekend or public holiday, will be treated as received on the next Business Day.
ORDER CONFIRMATION
When you place an Order for Goods with us, we will email you confirmation of that Order. Order acceptance and formation of a contract occurs when we despatch your goods or, for fabric orders, when your order has been placed with the relevant supplier.
All orders are subject to acceptance and availability. We strive to keep the product listings up to date but occasionally an item listed may become unavailable or delayed. If an Item you have ordered is unavailable, we will contact you by email, within 48 hours (as per business days definition), to offer you:
a) A full refund; or
b) Suitable alternatives; or
c) Place the item on backorder. Backorder means you will receive your item when it becomes available again.
In the case where the item is a one-of-a-kind, a full refund will be offered.
We reserve the right to decline or cancel any order at our discretion; including in the event of:
a) Pricing errors or product unavailability
b) Suspected fraudulent activity; or
c) Payment not being successfully received
We acknowledge that our Customers may want to inspect our furniture before placing an order. Please email hello@eclecticboogaloo.com.au or call ahead of time, to arrange an appointment to inspect the furniture at our Moorabbin warehouse.
Delivery timeframes are estimates provided by our carrier partners and are not guaranteed. Some products may have an additional lead time prior to dispatch. Typical domestic delivery times once dispatched are:
We use reputable carrier services. Once your order is dispatched, a tracking number will be provided via email where available. We are not responsible for delays caused by the carrier, weather events, or circumstances beyond our control.
Shipping costs are calculated at checkout based on the weight, dimensions, and destination of your order. Freeshipping thresholds may be offered from time to time and will be displayed on our website.
UPHOLSTERY TOOLS & SUPPLIES
Some upholstery supplies are noted as Bulky Items on the website. Bulky Items are considered as Furniture & Bulky Items under these terms & conditions.
Upholstery and Drapery Fabrics sold on our website are typically not held as stock on our premises. All fabric orders are placed directly with our authorised supplier partners on your behalf following receipt and confirmation of your order.
By placing a fabric order you acknowledge that our ability to fulfil your order is subject to the availability, lead times, and terms of the respective supplier. Supplier details, stock availability, and minimum order quantities may change without notice.
Lead Time refers to the time taken from Order confirmation to Dispatch. Fabric lead times vary by supplier and product. Indicative lead times are:
Where we advise you of the estimated lead time at the time of order confirmation. These are estimates only and may be affected by supplier production schedules, import delays, or circumstances beyond our or the supplier's control. We will endeavour to communicate any significant delays to you as soon as we become aware of them.
Samples are available for many of our Upholstery & Drapery Fabrics. These samples may be dispatched by Eclectic Boogaloo or directly by our authorised suppliers, and hence may be dispatched in multiple packages for same Order.
Samples typically do not have delivery tracking information.
FURNITURE & BULKY ITEMS
Due to the size, weight, and fragile nature of furniture and other bulky items, a shipping quote is required before these orders can be completed and despatched. The online checkout may capture your order and payment details, however dispatch will not occur until a shipping quote has been accepted by you.
We will contact you within 5 Business Days of your order to provide a shipping quote. The quote will be based on the item dimensions, weight, and your delivery address. If you do not accept the quoted shipping cost within 5 Business Days of it being provided, we reserve the right to cancel your order and issue a full refund.
Furniture and Bulky Item delivery may be carried out by Eclectic Boogaloo or third-party freight specialists. Delivery to your door (ground floor, reasonable access) is included in the quoted shipping cost unless otherwise stated. The following conditions apply:
IN STORE COLLECTION
Where a collection option is offered, the following conditions apply:
INTERNATIONAL SHIPPING
International shipping is available upon request for selected products. Please contact us before placing an international order to confirm availability and obtain a shipping quote. The following conditions apply to all international orders:
Refer to the Returns & Refunds Policy.
Price of the Goods and Services are listed in Australian Dollars (AUD) and may include a Goods and Services Tax (GST) of 10%. Online prices may be subject to change without notice. If a change of price has occurred since the Order was made, we will not despatch the Goods until you have confirmed that you wish to continue with your order at the new price.
The Price of the Goods does not include Delivery costs. Delivery Costs will be outlined to you upon checkout before payment is requested. Quotes for Delivery costs for bulky items and furniture will only be provided upon request by contacting hello@eclecticboogaloo.com.au.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than the Australian Dollar will be borne by you.
For Orders made outside of Australia, please contact your local customs or other relevant authorities directly. Any charges, taxes or duties incurred on the Order, after arrival in your country, will be borne by you and is your responsibility. The value of all items in the Order will be declared, in keeping with Australian Export Regulations.
If we owe you money (for refunds, or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
The Summer Slayers Upholstery Club Package offer, allows the purchaser of any Upholstery Club package during December 2023 to select a free occasional chair from Eclectic Boogaloo’s website:
The Cushion Launch offer, allows the purchaser of any Cushion Services to receive a 10% discount:
Upholstery and Drapery Fabric Promotions are offered from time to time:
Many of the items listed on our Website are one-of-a-kind, hand made products. Due to the nature of being hand made, we can not guarantee that the items will be uniform and match each other every time. Irregularities in the hand stitched images and flecks on the materials used are a consequence of hand made products.
Eclectic Boogaloo lists many items that are Vintage or Antique. As such, minor imperfections may occur in keeping with the nature and age of the second hand product.
Goods may be sold to you with Care Instructions. Please read and follow these instructions as Eclectic Boogaloo will not repair for free, replace or offer refunds for any Goods that are damaged through misuse and failing to follow the Care Instructions.
We strive to display the products as accurately as possible on Our website. However, due to the monitor of your computer device, there is no guarantee that the colour on display on Our Website will match exactly to the colour of the product on delivery.
We will defend the intellectual property rights in connection with our Goods or Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Eclectic Boogaloo is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our Store are made directly with Eclectic Boogaloo. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Eclectic Boogaloo, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Eclectic Boogaloo.
Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and on other websites that are powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy and Shopify’s privacy policy for more details on how we, Shopify, and our partners use your personal information.
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (3) your Feedback will comply with these Terms of Service. We are and shall be under no obligation (a) to maintain your Feedback in confidence; (b) to pay compensation for your Feedback; or (c) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.
13.1 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Eclectic Boogaloo, Shopify or users of the Services, or expose them to liability.
13.2 In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (b) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (i) mimicking human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (c) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (d) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver; entire agreement, Assignment, Governing law, Privacy policy, and any other provisions that by their nature should survive termination.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Eclectic Boogaloo, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Eclectic Boogaloo, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless Eclectic Boogaloo, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
These Terms are governed by the laws of the jurisdiction where Eclectic Boogaloo is headquartered or incorporated, without regard to conflict-of-law principles. You and Eclectic Boogaloo consent to the jurisdiction and venue of the courts located in that jurisdiction, except where prohibited by applicable law. You and Eclectic Boogaloo consent to venue and personal jurisdiction in such courts. Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory laws that apply in your place of residence.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Eclectic Boogaloo (acting in its sole discretion) or as required by applicable law.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at hello@eclecticboogaloo.com.au.
Our contact information is posted in our contact information policy.
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37 Capella Cres, Moorabbin
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