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Terms & Conditions

TERMS AND CONDITIONS OF USE (WEBSITE)

1.    Introduction
1.1    These terms and conditions shall govern your use of our website.
1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
 

2.    Copyright notice

2.1    Copyright (c) 2018, of first publication D-ROCK APPAREL LIMITED 
2.2    Subject to the express provisions of these terms and conditions:
(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)    All the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.    Licence to use website
3.1    You may:
(a)    View pages from our website in a web browser;
(b)    Download pages from our website for caching in a web browser;
(c)    Print pages from our website;
(d)    Stream audio and video files from our website; and
(e)    Use our website services by means of a web browser,
    Subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5    Unless you own or control the relevant rights in the material, you must not:
(a)    Republish material from our website (including republication on another website);
(b)    Sell, rent or sub-license material from our website;
(c)    Show any material from our website in public;
(d)    Exploit material from our website for a commercial purpose; or
(e)    Redistribute material from our website.
3.6    Notwithstanding Section 3.5, you may NOT distribute our newsletter in print and OR electronic form to any person.
3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 4.    RSS feed

4.1    You may access our RSS feed using an RSS reader or aggregator.
4.2    By accessing our RSS feed, you accept these terms and conditions.
4.3    Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.
4.4    It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
4.5    We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.

5.    Acceptable use
5.1    You must not:
(a)    Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)    Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)    Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e)    Access or otherwise interact with our website using any robot, spider or other automated means 
(f)    Violate the directives set out in the robots.txt file for our website; or
(g)    Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6.    Registration and accounts
6.1    To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3    You must not allow any other person to use your account to access the website.
6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.    User login details
7.1    If you register for an account with our website, you will be asked to choose a user ID and password.
7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 
7.3    You must keep your password confidential.
7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.    Cancellation and suspension of account
8.1    We may:
(a)    Suspend your account AND OR 
(b)    Cancel your account
    At any time in our sole discretion without notice or explanation.
8.2    You may cancel your account on our website [using your account control panel on the website].

9.    Your content: licence
9.1    In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media
9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.    Your content: rules
10.1    You warrant and represent that your content will comply with these terms and conditions.
10.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a)    Be libelous or maliciously false;
(b)    Be obscene or indecent;
(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d)    Infringe any right of confidence, right of privacy or right under data protection legislation;
(e)    Constitute negligent advice or contain any negligent statement;
(f)    Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g)    Be in contempt of any court, or in breach of any court order;
(h)    Be in breach of racial or religious hatred or discrimination legislation;
(i)    be blasphemous;
(j)    Be in breach of official secrets legislation;
(k)    Be in breach of any contractual obligation owed to any person;
(l)    Depict violence in an explicit, graphic or gratuitous manner;
(m)    Be pornographic [, lewd, suggestive or sexually explicit;
(n)    Be untrue, false, inaccurate or misleading;
(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p)    Constitute spam;
(q)    Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r)    Cause annoyance, inconvenience or needless anxiety to any person.
10.4    Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
10.5    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
10.6    You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

11.    Report abuse
11.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2    You can let us know about any such material or activity by email.

12.    Limited warranties
12.1    We do not warrant or represent:
(a)    The completeness or accuracy of the information published on our website;
(b)    That the material on the website is up to date; or
(c)    That the website or any service on the website will remain available.
12.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3    To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13.    Limitations and exclusions of liability
13.1    Nothing in these terms and conditions will:
(a)    Limit or exclude any liability for death or personal injury resulting from negligence;
(b)    Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)    Limit any liabilities in any way that is not permitted under applicable law; or
(d)    Exclude any liabilities that may not be excluded under applicable law.
13.2    The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions: 
(a)    Are subject to Section 13.1; and
(b)    Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14.    Indemnity
14.1    You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

15.    Breaches of these terms and conditions
15.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
(a)    Send you one or more formal warnings;
(b)    Temporarily suspend your access to our website;
(c)    Permanently prohibit you from accessing our website;
(d)    Block computers using your IP address from accessing our website;
(e)    Contact any or all of your internet service providers and request that they block your access to our website];
(f)    Commence legal action against you, whether for breach of contract or otherwise; and/or
(g)    Suspend or delete your account on our website.
15.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 16.    Third party websites

16.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
16.2    We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17.    Trade marks
17.1    D-ROCK LOGOS AND BRANDING and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
17.2    The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

18.    Competitions
18.1    From time to time we may run competitions, free prize draws and/or other promotions on our website.
18.2    Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

19.    Variation
19.1    We may revise these terms and conditions from time to time.
19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
 19.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 20.    Assignment

20.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 
20.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

 

21.    Severability
21.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

22.    Third party rights
22.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

23.    Entire agreement
23.1    Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

24.    Law and jurisdiction
24.1    These terms and conditions shall be governed by and construed in accordance with English law.
24.2    Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.

25.    Statutory and regulatory disclosures
25.1    We are registered in COMPANIES HOUSE you can find the online version of the register at https://beta.companieshouse.gov.uk/company/11214103 

25.2    We are registered as D-ROCK APPAREL LIMITED with COMPANIES HOUSE in ENGLAND AND WALES and are subject to rules.
25.3    We subscribe to THE REGISTAR OF COMPANIES UNDER SECTION 1115 OF THE COMPANIES ACT 2006.
25.4    Our VAT number is 290401037

26.    Our details
26.1    This website is owned and operated by D-ROCK EMPLOYEES ONLY 
26.2    We are registered in [England and Wales] under registration number 11214103 and our registered office is at 75-76 BAKER ROAD, NELSON PARK WEST IND EST, CRAMLINGTON,  NE231WL 
26.3    Our principal place of business is at THE ABOVE ADDRESS 
26.4    You can contact us
(a)    By post, using the postal address given above;
(b)    Using our website contact form;
(c)    By telephone, on the contact number published on our website 
(d)    By email, using the email address published on our website from time to time.

 

TERMS AND CONDITIONS OF SALE

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01670716695.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) We are D-ROCK APPAREL LIMITED a company registered in England and Wales under number 11214103 whose registered office is at 75 76 baker road, Nelson Park West Ind Est, Northumberland, NE231WL with email address shop@d-rock.uk ; telephone number 01670716695 ; fax number 01670715536 (the Supplier or us or we).

2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Goods means any goods that we supply to you, of the number and description as set out in the Order;

7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.

Goods

8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.

9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.

11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.

13. Any quotation is valid for a maximum period of 5 days from its date, unless we expressly withdraw it at an earlier time.

14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Price and Payment

16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.

17. Prices and charges include VAT at the rate applicable at the time of the Order.

18. Payment for Goods must be made at least 1 day in advance of delivery. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

21. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

22. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.

23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

24. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.

29. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal

30. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

Conformity

31. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

32. Upon delivery, the Goods will:

a. be of satisfactory quality

b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c. conform to their description.

33. It is not a failure to conform if the failure has its origin in your materials.

Circumstances beyond the control of either party

34. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.

Privacy

35. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

36. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website .

37. For the purposes of these Terms and Conditions:

a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

38. We are a Data Controller of the Personal Data we Process in providing the Goods to you.

39. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

40. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: shop@d-rock.uk.

Excluding liability

41. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).

Governing law, jurisdiction and complaints

42. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

43. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.44. We try to avoid any dispute, so we deal with complaints as follows: We will aim to respond with an appropriate solution within 5 days

Offer Codes Terms and Conditions:

We may publish offer codes on our website and social media channels from time to time. Only one offer code can be used per transaction. Offer codes are not automatically applied to an order and it is the responsibility of the customer to enter the code at checkout. Please ensure you have entered the code correctly and the offer has been applied to your order before you checkout as this cannot be changed after the order is completed.

 

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