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Misleading Advertising and Online Shopping

By: Lucy Debenham BA (hons) - Updated: 7 Dec 2017 | comments*Discuss
 
Misleading Advertising And Online Shopping

Advertising goods and services online is actually a viable business in itself. Affiliate programmes, advertising keyword campaigns and pay per click advertising are all important strategies in driving web traffic - or potential consumers - to a website. For this reason, online sellers in particular may be tempted to stretch or slightly distort the truth regarding the pricing or description of their goods and services. However, you should be aware that online traders, just like their high street counterparts, are under a legal obligation to provide their consumers with non-misleading advertisements.

Regulatory Body

The Department for Business Innovation and Skills is the department responsible for reviewing and refining all laws and regulations concerning trade descriptions and misleading advertising. The basis of these laws is that the seller provides honest and legal information to the consumer. If these guidelines are not followed, then the Office of Fair Trading (OFT) can intervene and investigate.

If the seller is based in the UK, then they are under the scrutiny of the independent Advertising Standards Authority. This regulatory body has set out codes of practice and regulations in order to monitor advertisements, making sure that companies do not confuse consumers with ambiguous pricing, or make false or misleading descriptions of the goods or services on offer. This code is known as the British Code of Advertising, Sales Promotion and Direct Marketing and applies to all non-broadcasting media.

However, you should be aware that there are differences in the way that the regulatory system operates with shop window advertising and online advertising. Basically, the system does not apply to content that appears on the website belonging to the advertiser. The ASA also does not apply the code to editorial content, but you should be aware that website content from a British-based website is still subject to British law such as the Trade Descriptions Act. The ASA will, however, look into complaints made regarding paid advertising campaigns that are sited on a third party's website. Examples of these advertisements include commercial emails, pop-up advertisements and 'banner ads'.

On a very basic level, it is worth remembering that both high street and online consumers are protected if they are subject to misleading advertising. Currently, as the law stands in the UK, sellers are required to provide consumers with goods that are as described, fit for purpose, and of satisfactory quality. If the trade description and the advertisement do not match, then you may be entitled to a refund or compensation.

Pricing

It is actually a criminal offence for a seller to provide misleading information on the pricing of goods or services. All hidden costs must also be included in the final price, or made clear on the advertisement, with written confirmation provided to the consumer when purchasing an item.

What to do?

If you believe that you have been subject to misleading advertising online, your first port of call should be to check that the website is UK-based, and then contact the online retailer. If this does not resolve your complaint, then you can try contacting the UK government's online consumer advice centre, Consumer Direct. You can also make a complaint to the ASA, who may investigate or refer your complaint.

If you believe that a financial service provider is using misleading advertising, then you can use an online contact form to inform Financial Services Authority (FSA).

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
C - Your Question:
We've purchased a bike on the internet, the following day we received an email advising the bike was no longer available. We checked the website and the bike was still available. Can you advise what our rights are as we do want this bike. Thanks

Our Response:
Try ordering it again. If the same thing happens, report it to the Advertising Standards Agency as they should not be advertising goods for sale that are not...
OnlineShoppingRights - 8-Dec-17 @ 3:31 PM
We've purchased a bike on the internet, the following day we received an email advising the bike was no longer available. We checked the website and the bike was still available.Can you advise what our rights are as we do want this bike. Thanks
C - 7-Dec-17 @ 9:59 PM
M - Your Question:
I have booked a house for our family for Christmas through AirBNB. It was described as 'Whole House for 11 people'. I have now been asked to sign contracts for six different rooms, and through this discovered that it is really a house that has been converted into six rooms. There is no sitting room and a TV only in the dining room that is too small to seat the ten of us. What courses of action are open to me? Thanks

Our Response:
AirBnB usually gives details of all the rooms etc so this should have been obvious at the outset. If however, the property was described as a house for 11 people, there should only have been one contract. Contact AirBnB and also check their terms and conditions.
OnlineShoppingRights - 27-Nov-17 @ 2:59 PM
I have booked a house for our family for Christmas through AirBNB. It was described as 'Whole House for 11 people'. I have now been asked to sign contracts for six different rooms, and through this discovered that it is really a house that has been converted into six rooms. There is no sitting room and a TV only in the dining room that is too small to seat the ten of us. What courses of action are open to me? Thanks
M - 24-Nov-17 @ 5:09 AM
Pedant - Your Question:
As an amateur student of the late Victorian and Edwardian periods, recently my eye was caught by a notice in the Internet, advertising a paperback book that looked as though it would add to my knowledge. The book's title is Madame Dowding's Corsets, with the author's name, Michael Bernays. The Internet notice includes the following description: ' … an unchanged, high quality reprint of the original edition of 1896'. In other words, it purported to be a facsimile production.Thus assured, I made a purchase, only to find the book to be absolutely worthless: the illustrations, which in fact are of secondary interest, could be improved upon, but the primary interest, the text, is totally unreadable. This, of course, is because the product is not an 'unchanged, high quality reprint'. It is nothing like it, with some pages of text reduced in size to that of a postage stamp. Not least, rather than be an original of 1896, the book includes material from 1904 (the figures can just be deduced), eight years later.Naturally I complained to the online retailer, The Book Depository, the word 'The' being now dropped. Despite any number of emails to this retailer, I have got nowhere. The emails will be acknowledged, but no more. There has been no word of regret, nor offer of restitution. As I have since seen, a number of other retailers publicise this publication, all of them including the same assurance as to the standard of production.Writing from Australia, 12,000 miles away, I am at a loss to know to whom I can turn in order to effect restitution. At present I feel that I have been 'had'; sold a pup, and I resent it.

Our Response:
Online ordering rules in this country, allow you to return any item that is unwanted within 14 days of receiving the item (you may have to pay return costs depending on the ts & cs). If an item is faulty the retailer is responsible for paying return costs (but we do not know whether that applies for items shipped overseas). If you are having a problem with returning the item becayse it was "not as described" you can complain to trading standards or seek action via the civil courts.
OnlineShoppingRights - 7-Nov-17 @ 11:44 AM
SB - Your Question:
I purchased a custom item. On the page where you place your order, it clearly states "45 days return period". However, on the small print page (which is a separate page), it states that custom orders over a certain size cannot be returned. Am I right to believe that I should be able to return this for a refund, given what is stated on the order page? Thank you.

Our Response:
Probably not, bespoke items are exempt from the Consumer Rights act so you cannot return them unless they are faulty.
OnlineShoppingRights - 6-Nov-17 @ 3:56 PM
I purchased a custom item. On the page where you place your order, it clearly states "45 days return period". However, on the small print page (which is a separate page), it states that custom orders over a certain size cannot be returned. Am I right to believe that I should be able to return this for a refund, given what is stated on the order page? Thank you.
SB - 6-Nov-17 @ 11:21 AM
Busby - Your Question:
My husband ordered a wetsuit which he was advised by the company online his size was available and he duly ordered the same and paid the price detailed When it arrived it was the bag stated the vorrect size but the wetduit was clearly the wrong sizeWhen he complained he was advised they did not have his size and the wetsuit delivered had been packed in the wrong bag. The company has offered a refund but as it's their error does hr have a right to request an alternative at the same price?

Our Response:
No, he can expect a full refund if the price has changed since he ordered.
OnlineShoppingRights - 3-Nov-17 @ 3:43 PM
My husband ordered a wetsuit which he was advised by the company online his size was available and he duly ordered the same and paid the price detailed When it arrived it was the bag stated the vorrect size but the wetduit was clearly the wrong size When he complained he was advised they did not have his size and the wetsuit delivered had been packed in the wrong bag. The company has offered a refund but as it's their error does hr have a right to request an alternative at the same price?
Busby - 3-Nov-17 @ 2:32 PM
As an amateur student of the late Victorian and Edwardian periods, recently my eye was caught by a notice in the Internet, advertising a paperback book that looked as though it would add to my knowledge. The book's title is Madame Dowding's Corsets, with the author's name, Michael Bernays. The Internet notice includes the following description: ' … an unchanged, high quality reprint of the original edition of 1896'. In other words, it purported to be a facsimile production. Thus assured, I made a purchase, only to find the book to be absolutely worthless: the illustrations, which in fact are of secondary interest, could be improved upon, but the primary interest, the text, is totally unreadable. This, of course, is because the product is not an 'unchanged, high quality reprint'. It is nothing like it, with some pages of text reduced in size to that of a postage stamp. Not least, rather than be an original of 1896, the book includes material from 1904 (the figures can just be deduced), eight years later. Naturally I complained to the online retailer, The Book Depository, the word 'The' being now dropped. Despite any number of emails to this retailer, I have got nowhere. The emails will be acknowledged, but no more. There has been no word of regret, nor offer of restitution. As I have since seen, a number of other retailers publicise this publication, all of them including the same assurance as to the standard of production. Writing from Australia, 12,000 miles away, I am at a loss to know to whom I can turn in order to effect restitution. At present I feel that I have been 'had'; sold a pup, and I resent it.
Pedant - 1-Nov-17 @ 12:25 PM
I bought two computer monitors from Debenhams. In the product description it stated they were 43 inch but when they arrived they were 21.5 inches. After some contact it appears at the top of the website it does say 21.5 but the product description (which is what I read) is for a larger screen. Do I have the right to ask for the smaller ones to be replaced with the larger ones? Thank you.
spud - 11-Oct-17 @ 1:17 PM
Nelle96 - Your Question:
I ordered some artificial flowers from Cox and Cox which had an image of them in a vase and the description: 'The perfect opulent accent for any living space, our set of two faux allium stems in vibrant copper will look beautiful displayed in a vase on your tabletop or mantelpiece.'There was a separate drop down Size and Info box, the information in there read 'L 102cm Made from plastic and iron" - but you could only read this if you clicked on the box.On arrival they were way larger than I imagined - my view is that 1. an item over 1m tall is not suitable for displaying in on a table top or mantle piece 2. the item is not made from coper and 3. the items are covered in glitter which is not mentioned at all in the description or shown on the image. I want to return items as I believe the description is misleading, but they are insisting I pay the return. What do you think?

Our Response:
We've just had a look at this...the description now reads: "The perfect opulent accent for any living space, our set of two large faux allium stems will look beautiful displayed in a floor vase, or can be trimmed to suit your tabletop. Each faux stem has a softly glittered finish in vibrant copper-bronze." The box stating the measurements and materials is also clearly obvious. Has this changed since you ordered? If so, you may have a valid case for returning them as "not as described"...in which case you shouldn't have to pay the return costs. If you are simply returning them as items bought online (not faulty), you will of course have to pay the return costs if that's the policy of the retailer.
OnlineShoppingRights - 9-Oct-17 @ 2:48 PM
I ordered some artificial flowers from Cox and Cox which had an image of them in a vase and the description: 'The perfect opulent accent for any living space, our set of two faux allium stems in vibrant copper will look beautiful displayed in a vase on your tabletop or mantelpiece.' There was a separate drop down Size and Info box, the information in there read 'L 102cmMade from plastic and iron" - but you could only read this if you clicked on the box. On arrival they were way larger than I imagined - my view is that 1. an item over 1m tall is not suitable for displaying in on a table top or mantle piece2. the item is not made from coper and 3. the items are covered in glitter which is not mentioned at all in the description or shown on the image.I want to return items as I believe the description is misleading,but they are insisting I pay the return.What do you think?
Nelle96 - 8-Oct-17 @ 3:47 PM
Nizza - Your Question:
The Little Keepsake Company have an offer listed on their page with 'An additional 20% off our existing sale using code Sept20' I went to purchase some items but the code wasn't working (said expired) despite it saying on the offer on their page that it expires on Sunday. I messaged to be told it isn't running, I advised that it was on their page and maybe it should be taken down. It's still there and having messaged them again they said thanks for bringing to attention but the post says it has expired. it doesn't it says closes tomorrow at 12AM.Do they have no obligation to fulfil offers that are advertised?

Our Response:
Complain to the ASA - this is misleading if it is not available to consumers. Adversiting Standards Authority
OnlineShoppingRights - 2-Oct-17 @ 12:15 PM
Vern - Your Question:
We're employing a bathroom fitter who convinced us to use him partly because of the images on his website. As the fitting as gone on we've increasingly doubted his abilities, and some 'reverse searching' on the website images reveals some of them (the best ones) to be from stock image libraries - of kitchens, bathrooms etc.The library images feature on his landing page, where his company blurb is, so strictly speaking he doesn't explicitly 'claim' the work in those pictures as his. But it seems very dubious ethically. Can you advise at all my consumer rights in this situation? Perhaps there aren't any. Thanks.

Our Response:
We're not sure. The buyer does have a certain responsibility to ensure that they've researched a trader/product before buying it. If the images on the website, suggest that they are the work of the fitter, you may still be able to action.
OnlineShoppingRights - 29-Sep-17 @ 3:21 PM
dondon - Your Question:
Hi there, My husband ordered a horse supplement for me this week on line whilst I was at work. as he isn't in to prices etc he placed an order with a well know vet supplier and had the cash removed from our CC and we received an order confirmation. However after chasing the order I noticed that the price was significantly cheaper than normal. I have received an email advising that they have cancelled my order and that my card has been refunded. should the company still be honouring the order considering they advertised it at that price on line.

Our Response:
No, some retailers consider that a contract is only formed when the order is fulfilled/i.e the goods are dispatched. This means they can simply cancel and offer you a full refund.
OnlineShoppingRights - 29-Sep-17 @ 12:06 PM
The Little Keepsake Company have an offer listed on their page with 'An additional 20%off our existing sale using code Sept20' I went to purchase some items but the code wasn't working (said expired) despite it saying on the offer on their page that it expires on Sunday. I messaged to be told it isn't running, I advised that it was on their page and maybe it should be taken down. It's still there and having messaged them again they said thanks for bringing to attention but the post says it has expired.. it doesn't it says closes tomorrow at 12AM. Do they have no obligation to fulfil offers that are advertised?
Nizza - 29-Sep-17 @ 8:52 AM
We're employing a bathroom fitter who convinced us to use him partly because of the images on his website. As the fitting as gone on we've increasingly doubted his abilities, and some 'reverse searching' on the website images reveals some of them (the best ones) to be from stock image libraries - of kitchens, bathrooms etc. The library images feature on his landing page, where his company blurb is, so strictly speaking he doesn't explicitly 'claim' the work in those pictures as his. But it seems very dubious ethically. Can you advise at all my consumer rights in this situation? Perhaps there aren't any. Thanks.
Vern - 28-Sep-17 @ 5:09 PM
Hi there, My husband ordered a horse supplement for me this week on line whilst I was at work. as he isn't in to prices etc he placed an order with a well know vet supplier and had the cash removed from our CC and we received an order confirmation. However after chasing the order I noticed that the price was significantly cheaper than normal.I have received an email advising that they have cancelled my order and that my card has been refunded.should the company still be honouring the order considering they advertised it at that price on line.
dondon - 27-Sep-17 @ 3:48 PM
Antonia - Your Question:
Hello,I bought online a bed and a mattress from Noa and Nani. When ordering the bed, I was prompted to choose a mattress, with a recommendation of 2 choices. I opted the luxury one. Once the items arrived, I noticed the mattress was too big for the bed. I contacted the trader, however they are charging me £ 30 (courier) to swap the mattress, I am not happy with this, as the fault in my opinion is theirs.The right mattress costs £ 79 and the one I bought was £ 119. I am not asking for a refund, just for a free delivery of the right mattress due to their mistake. They will waive the cost if I can provide screenshots from the time I bought the bed and the mattress. Which I don't have (lesson learnt). However, I still have the info on the description of mattress that says "fits any bed" (it's children's furniture) and there are no specific dimensions for the mattress so I could have compared it with the measurements of the bed.Also, at the time I bought the bed, they only had 2 types of mattress for sale, now when checking again, they have diversified their offering, including the mattress that fits the bed I bought.What should be done in this case?

Our Response:
It's been answered below?????
OnlineShoppingRights - 19-Sep-17 @ 12:59 PM
Hello, I bought online a bed and a mattress from Noa and Nani. When ordering the bed, I was prompted to choose a mattress, with a recommendation of 2 choices. I opted the luxury one. Once the items arrived, I noticed the mattress was too big for the bed. I contacted the trader, however they are charging me £ 30 (courier) to swap the mattress, I am not happy with this, as the fault in my opinion is theirs. The right mattress costs £ 79 and the one I bought was £ 119. I am not asking for a refund, just for a free delivery of the right mattress due to their mistake. They will waive the cost if I can provide screenshots from the time I bought the bed and the mattress. Which I don't have (lesson learnt). However, I still have the info on the description of mattress that says "fits any bed" (it's children's furniture) and there are no specific dimensions for the mattress so I could have compared it with the measurements of the bed. Also, at the time I bought the bed, they only had 2 types of mattress for sale, now when checking again, they have diversified their offering, including the mattress that fits the bed I bought. What should be done in this case?
Antonia - 19-Sep-17 @ 11:51 AM
Antonia - Your Question:
Hello,I bought online a bed and a mattress from Noa and Nani. When ordering the bed, I was prompted to choose a mattress, with a recommendation of 2 choices. I opted the luxury one. Once the items arrived, I noticed the mattress was too big for the bed. I contacted the trader, however they are charging me £ 30 (courier) to swap the mattress, I am not happy with this, as the fault in my opinion is theirs.The right mattress costs £ 79 and the one I bought was £ 119. I am not asking for a refund, just for a free delivery of the right mattress due to their mistake. They will waive the cost if I can provide screenshots from the time I bought the bed and the mattress. Which I don't have (lesson learnt). However, I still have the info on the description of mattress that says "fits any bed" (it's children's furniture) and there are no specific dimensions for the mattress so I could have compared it with the measurements of the bed.Also, at the time I bought the bed, they only had 2 types of mattress for sale, now when checking again, they have diversified their offering, including the mattress that fits the bed I bought.What should be done in this case?

Our Response:
If you were given two choise of mattress as a prompt when making the purchase and you were led to believe either mattress would fit, then you should be entitled to an exchange and refund of the difference in price. You should not have to pay the return costs. You should not have to provide proof of description especially if no dimensions are given anyway. Write to their headquarters, they've misled you into purchasing a specific mattress believing it to be the correct size. Tell them you will refer it to Trading Standards and the retail ombudsman.
OnlineShoppingRights - 18-Sep-17 @ 12:03 PM
Hello, I bought online a bed and a mattress from Noa and Nani. When ordering the bed, I was prompted to choose a mattress, with a recommendation of 2 choices. I opted the luxury one. Once the items arrived, I noticed the mattress was too big for the bed. I contacted the trader, however they are charging me £ 30 (courier) to swap the mattress, I am not happy with this, as the fault in my opinion is theirs. The right mattress costs £ 79 and the one I bought was £ 119. I am not asking for a refund, just for a free delivery of the right mattress due to their mistake. They will waive the cost if I can provide screenshots from the time I bought the bed and the mattress. Which I don't have (lesson learnt). However, I still have the info on the description of mattress that says "fits any bed" (it's children's furniture) and there are no specific dimensions for the mattress so I could have compared it with the measurements of the bed. Also, at the time I bought the bed, they only had 2 types of mattress for sale, now when checking again, they have diversified their offering, including the mattress that fits the bed I bought. What should be done in this case?
Antonia - 15-Sep-17 @ 7:10 PM
Steships - Your Question:
Bought 2 quality choice tyres from Black circles online store the brand wasn't mentioned but the description was for a quality tyre to meet the following specification.Fuel Economy C ratedWet rating B ratedNoise 72DBHowever when they were fitted the tyres supplied were a brand called Jinyu, the tyre is actually listed on their website as a budget tyre and with a lesser specification and offered for a lower price.My main problem is the fact they lied over the specification and the true fuel rating (listed on there website and others) is significantly lower for fuel economy.They also sold the product as a quality offering and not an economy offering which is what they list this brand as on there website.They are refusing to replace the tyre with the specification promised on the order confirmation.Regards

Our Response:
If you can prove that the tyres were not as described you should be able to return them for a refund.The fact that they have been fitted could be an issue...did you not notice this before getting them fitted?
OnlineShoppingRights - 15-Sep-17 @ 11:05 AM
Bought 2 quality choice tyres from Black circles online store the brand wasn't mentioned but the description was for a quality tyre to meet the following specification. Fuel Economy C rated Wet rating B rated Noise 72DB However when they were fitted the tyres supplied were a brand called Jinyu, the tyre is actually listed on their website as a budget tyre and with a lesser specification and offered for a lower price. My main problem is the fact they lied over the specification and the true fuel rating (listed on there website and others) is significantly lower for fuel economy. They also sold the product as a quality offering and not an economy offering which is what they list this brand as on there website. They are refusing to replace the tyre with the specification promised on the order confirmation. Regards
Steships - 12-Sep-17 @ 3:35 PM
Issy - Your Question:
I recently went onto the boohoo website to order some clothing, the website had a banner that claimed that it was 20% off but only until 8pm, as it was already 7.50pm I added only the items that were not in the sale, that the 20% off would apply to and resigned myself to the fact that I would have to do an order later paying the shipping twice so that I could get a better deal with the 20% off, after 8pm came and went the banner was now replaced with 20% off but only until 9pm and this continued through to the next day, the banner changing every hour, I emailed the company back and forth, telling them I feel conned and misled by there advertising, and they now tell me there is nothing that they can do, is this type of marketing allowed to happen?

Our Response:
If the sale was not actually ending at 8pm, you were misled into making your purchase more quickly than you would otherwise. You can complain to the Advertising Standards Authority
OnlineShoppingRights - 11-Sep-17 @ 11:41 AM
I recently went onto the boohoo website to order some clothing, the website had a banner that claimed that it was 20% off but only until 8pm, as it was already 7.50pm I added only the items that were not in the sale, that the 20% off would apply to and resigned myself to the fact that I would have to do an order later paying the shipping twice so that I could get a better deal with the 20% off, after 8pm came and went the banner was now replaced with 20% off but only until 9pm and this continued through to the next day, the banner changing every hour, I emailed the company back and forth, telling them I feel conned and misled by there advertising, and they now tell me there is nothing that they can do, is this type of marketing allowed to happen?
Issy - 8-Sep-17 @ 3:54 PM
while on the internet an advertisement from Gill Marine for a particular sailing jacket, in the colour I wanted appeared with PRICE DROP across the front. So I click on and get directed to there website where the jacket, in the required size and colour appears at the reduced price. I click to buy and the price drop offer disappears and its full price, I am so mad to be conned in this way that I contact gill marine to demand they honour the price as advertised which I clicked to buy. and have the pictures to prove on my phone. Gill Marine contact back and offer me a 15% discount but I want the advertised price. have I got a case to take it any further. many thanks
sailanyway - 23-Aug-17 @ 10:55 AM
Preecy - Your Question:
I am in a battle with a company called Worldstores x they only sell online x I bought a three seater settee and a two settee (advertised as leather) I thought 2 years x but in fact it was 4 years. However the fact is it is falling to bits x we don't spend much time in living room as we have big kitchen with telly x I don't have 6 kids and 6 cats x so why falling apart x with just the the two of us x I have emailed them with pictures x they say it only had a years warrenty !!!! So said they will speak to their supplier x have emailed two people there x and have spoken to one x who just lied about contacting supplier x have looked online as to how long sofas should last and found out the following : it says settees used to last up to 20 year x but overtime it has gone down to 7-8 years and mine is only 4 x don't know what to do? They have a lot of complaints online x feel useless ??I have pictures and samples of material that is shredding. Can you help?

Our Response:
At this stage, you need to get an "expert"to look at the settees and produce a report for you to use with the supplier. If the "expert" report shows your case is valid, and that you could expect the items to last longer than they have so far, then you should continue to make your claim with the retailer for a repair or replacement. Bear in mind your rights to start to diminish as time goes by (sale of goods act gives up to 6 years for some items).
OnlineShoppingRights - 21-Aug-17 @ 11:20 AM
I am in a battle with a company called Worldstores x they only sell online x I bought a three seater settee and a two settee (advertised as leather) I thought 2 years x but in fact it was 4 years. However the fact is it is falling to bits x we don't spend much time in living room as we have big kitchen with telly x I don't have 6 kids and 6 cats x so why falling apart x with just the the two of us x I have emailed them with pictures x they say it only had a years warrenty !!!! So said they will speak to their supplier x have emailed two people there x and have spoken to one x who just lied about contacting supplier x have looked online as to how long sofas should last and found out the following : it says settees used to last up to 20 year x but overtime it has gone down to 7-8 years and mine is only 4 x don't know what to do? They have a lot of complaints online x feel useless ??I have pictures and samples of material that is shredding . Can you help?
Preecy - 17-Aug-17 @ 12:36 PM
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