Terms and Conditions of use

The following conditions regulate the access, browsing and use of the contents available in its different sections, as well as various issues related to the commercial and sales relations between the owner of Polemo Shop® and its customers, from the order and payment process to the effective delivery of the products, including the recognition and procedure for the attention of the rights and responsibilities of both parties.

 

Last reviewed/amended: 12 July 2021.

 

INDEX SECTION

  1. Legal Identification
  2. Object and Acceptance
  3. Conditions of Access
  4. Conditions of Use
  5. Conditions of Purchase
  6. Intellectual and Industrial Property
  7. Computer Security
  8. Modifications
  9. User Support
  10. Complaints form
  11. Out-of-Court Dispute Resolution
  12. General Terms and Conditions (PDF)

 

1.Legal Identification

Polemo Shop®, located in the domain www.polemoshop.com, has been created and provided with contents by its owner and administrator whose identification is specified below:

Owner:
Polemo SL

CIF:
B87880241

Legal Address:
Calle San Joaquín, 16 Local 4
28004 Madrid (Spain)

Registrar details:
Madrid Commercial Register: Volume 36.222, Folio 100, Register Page M650916, Entry 1.

Fiscal Data:
IAT heading: 651.2 – Retail trade of all kinds of clothing and headwear.

Manager (sole):
Aitor Iturrarte Suberviola.
DNI: 72502886D

Phone:
910 267 996

E-mail:
contact@polemoshop.com

Physical Store:
Calle Corredera Alta de San Pablo, 2 28004 Madrid (Spain)

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2. Purpose and Acceptance

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Scope of contents and commercial offer of the Polemo Shop® for acceptance by users and potential customers.

Object.

This section details the general terms and conditions for access, browsing and use of the contents incorporated in Polemo Shop®, aspects related to the management of its virtual catalogue and the e-commerce platform accessible through the Internet; and the rights, obligations and responsibilities that may arise for its owner and possible users interested in said contents or in carrying out commercial transactions.

Acceptance.

Access to the Polemo Shop® website and its contents implies the acquisition of the status of user of the same, requiring the careful reading and consideration of the terms and conditions listed in this section, without prejudice to the use of mechanisms requiring express acceptance for the processing of requests for information, purchase or payment orders, processing of complaints, allegations or claims through its e-commerce platforms, contact forms or e-mail addresses.

In the event of lack of understanding, objection or disagreement with any of the terms and conditions in this section, we ask the user to contact us to request the information or clarification that he/she considers appropriate, or to desist from continuing to browse or use its sections, contents, catalogue and e-commerce functions.

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3. Conditions of Access

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The website under the trade name Polemo Shop® is located in the domain www.polemoshop.com and hosted on a server, as detailed under the heading “Information Security” [see], and is accessible 24 hours a day, 7 days a week, subject, however, to periodic maintenance work necessary to ensure its correct and secure operation.

Access to Polemo Shop® and its contents and commercial offer is carried out by means of the user’s device, connected to a telecommunications network in accordance with the communications protocols currently in use on the Internet.

Access is free of charge and free of charge, except for any possible connection costs contracted individually between the users and the access provider via the telecommunications network.

The users and possible commercial customers of Polemo Shop® must be of legal age or have sufficient legal capacity to be bound by the general conditions governing access to and use of Polemo Shop® and its contents, as well as to place purchase orders and make payments through its virtual catalogue and e-commerce platform.

The owner and administrator of Polemo Shop® will carry out the necessary control, maintenance and testing operations to guarantee its availability and correct functioning, informing of this by means of a message published on the home page and its sections in the event of temporary cancellation or suspension and its possible duration.

Likewise, it reserves the right to make modifications to the transmission, monitoring and control functions involved in the access and use of this website and its various technical features, as well as to impose additional or complementary conditions and/or restrictions, which in no case may affect the rights acquired by commercial transactions or exchange of statements completed through its e-commerce platforms and contact forms respectively.

The rights of access and use of the contents and services of Polemo Shop® are non-transferable and non-exclusive.

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4. Conditions of Use

The Polemo Shop® website is made accessible to the public exclusively for the purposes of exhibition, advertising and commercial retail offer of clothing and headwear.

Users of Polemo Shop® and customers of its e-commerce platform are obliged to respect the general terms and conditions in this section, as well as the instructions and special warnings, in the use of its constituent elements and contents, as well as to conduct themselves diligently, correctly, logically and lawfully in accordance with the law, morality, generally accepted good customs and public order according to Spanish and international law applicable in their case.

Limitations and Prohibitions.

The users of Polemo Shop® undertake to avoid the following uses and actions:

    1. Uses contrary to the law, morality, generally accepted good customs and public order according to Spanish and international law applicable in each case. In particular, the use of any content, information, structural, graphic, design or programming element incorporated into Polemo Shop® that, in any way:
      1. Attacks against or undermines fundamental rights or public freedoms.
      2. Induces, promotes or facilitates the commission of criminal, denigratory, defamatory or violent acts.
      3. Induces or promotes discriminatory thoughts, attitudes or acts on the basis of race, colour, age, gender, sexual orientation, physical or mental disability, religious belief or political opinion, nationality or marital status.
      4. Promotes or facilitates access to products, materials or messages or services that are criminal or outside legitimate commerce.
      5. Promotes or facilitates access to products, materials or messages or services that are criminal or outside legitimate commerce.
      6. Promotes or facilitates a false, erroneous, inaccurate, ambiguous, exaggerated or outdated message or representation about Polemo Shop®, its owner and administrator, or the products offered and made available to the public through its catalogue and e-commerce platform.
      7. Infringes on professional or business secrets of third parties.
      8. Infringes the regulations on secrecy of communications.
      9. Infringes the regulations on secrecy of communications.
      10. Constitutes damage to the honour, personal and family privacy or self-image of Polemo Shop®, its owner and administrator, its consumers and users or third parties, or undermines the credit of any of them.
      11. Constitutes an act of illicit or misleading advertising, or contrary to the regulations for the defence of unfair competition or consumers and users.
      1. Uses which, based on the programming structure or technical elements of operation of Polemo Shop®, may be detrimental to it or the commercial company it represents, its owner and administrator, its users, clients or third parties. Specifically:
        1. Use of systems or methods that overload, damage, deteriorate or render useless the server and computer systems that Polemo Shop® hosts and receives its operation, or any computer system or programming used in its access and correct operation.
        2. Use of techniques or methodologies for the unauthorised manipulation or editing of the contents of Polemo Shop®, or that alter its organisational or navigational structure.
        3. Insertion, storage or distribution of electronic or physical applications, programmes or systems using Polemo Shop®‘s own programming that are potentially harmful to the equipment and devices of its users or to third parties.
      2. Uses contrary to the regulations on intellectual and industrial property, and more specifically to the terms and conditions described under the heading “Limitations and Prohibitions” in the section on intellectual and industrial property rights [see].

The users of Polemo Shop® will be liable to its owner and administrator, and to third parties, for any possible damage or harm derived or that could be derived from uses or actions contrary to or specifically prohibited by the limitations and prohibitions of use described in this section.

In any case, the owner and administrator of Polemo Shop® reserves the right to inform the competent authorities and third parties that could be affected or harmed.

Reception and Registration of Data and Information.

Polemo Shop® offers contact forms and email addresses for the reception of requests for information and queries, as well as complaints and claims related to its contents and commercial offer.

In addition, the placing of purchase orders and the corresponding payment of payments also requires the provision of personal data for the identification of the purchaser and the correct processing of their order, any possible incidents, claims and complaints that may arise after its completion, and the fulfilment of invoicing and accounting obligations associated with this commercial activity.

The latter use, as part of an order or commercial transaction on the website, incorporates the option of registering a customer user account, allowing subsequent access to the system by means of a user name and password for viewing and editing any data or information relating to the operation or operations available in the history stored in the database, including invoices and proof of delivery.

Regardless of the terms and conditions on personal data described in our Privacy Policy, users must understand the importance of respecting the authenticity and veracity of the data, information and statements that they may wish to communicate through such means, and to keep them updated as far as possible with regard to their situation and the specific contractual relationship or agreement that they have initiated or processed with the owner of Polemo Shop®.

Without prejudice to the circumstances of the specific case and the obligations of due diligence and good faith that fall upon the owner and administrator of Polemo Shop® with regard to the data and information received in its system, the sending user is responsible for the falseness, inaccuracy, incorrectness, lack of relevance or updating of the data or information provided, as well as the damages, emerging damages, loss of profit, losses or concepts that could be derived for his person and that of the owner and administrator of Polemo Shop®, and/or third parties.

Web links.

The reality of the functioning of search engines and directories on the Internet, and the importance of maintaining a good reputation and the results offered to its users, require special attention to be paid to the importance of links (also known as hyperlinks, hyperlinks, hypertext, “hyperlinks”, links or “links”) from and to other websites for promotional purposes in terms of the number of visits by users potentially interested in the contents and commercial offer developed by the owner of Polemo Shop®, according to the specifications and limitations described below:

Links from Third Party Websites.

The owner and administrator of Polemo Shop® grants a limited, revocable and non-exclusive right to create links and hyperlinks to its domain (www.polemoshop.com), including the possibility of using its logo and graphic and textual information without prior authorisation, although with the obligation to inform of its use and the location of the link, and subject to the limitations below:

      1. a) Authorised Links

Generically, the owner and administrator of Polemo Shop® is interested in:

      1. Links to the index or home page of polemoshop.com.
      2. Links to internal pages or sections of polemoshop.com.

In any case, we reserve the right to restrict incoming links relevant or deemed relevant with respect to the content and commercial offer of Polemo Shop®.

      1. b) Prohibited Links

They are not permitted under any circumstances:

      1. Links that allow Internet users to access the contents of Polemo Shop® without going through the home page or any of its sections.
      2. Links that allow Polemo Shop® or any of its sections or part of its contents to be reproduced as part of another website by means of framing techniques.
      3. Links that allow the reproduction of Polemo Shop® or any of its sections or part of its contents as part of another website using framing techniques.
      4. Links from web pages that include elements or content prohibited by the first section of the heading Limitations and Prohibitions of Use [see].
      5. Links that include indications of the consent of the owner and administrator of Polemo Shop® for their placement, or that offer a misleading representation that suggests a relationship of association, affiliation, collaboration, supervision or verification of the contents, services or products of the linked website.
      6. Links and contents that represent Polemo Shop® or its owner and administrator, contents and commercial offer in a misleading, false, denigrating or in any way offensive manner.
      7. Links published including information, contents or materials belonging to Polemo Shop® with the aim of taking advantage of its commercial brand or online reputation.
      8. Links which, in view of their location, subject matter, contents, services or commercial offer of the linking website, are inappropriate or incompatible with the activity, contents and commercial offer of Polemo Shop®..

The right to add other conditions, restrictions and limitations to any linking activity to Polemo Shop®, as well as the right of its owner and administrator to request the editing or elimination of those already existing, is always reserved.

Links to Third Party Websites.

Polemo Shop® may contain links to third party websites, either for informative and referential purposes, to enrich their contents and thus the experience of their users, or as a form of promotion on the Internet.

Limitation of Liability.

The existence of links between Polemo Shop® and third party websites does not imply and should not be interpreted as an indication of a relationship between Polemo Shop®, its owner and administrator, and the linking or linked sites, unless expressly indicated.

Unless expressly stated, the owner and operator of Polemo Shop® has no control over the linked or connected websites, and makes no warranties, representations, acknowledgements, acceptances, authorisations, endorsements, support or supervision in relation to:

      1. Their textual and graphical content, statements, representations or opinions
      2. Your commercial offerings of products and/or services, and their respective characteristics, quality, suitability, pricing and merchantability.
      3. Their commercial transactions, negotiations, invoicing and means of payment with their users and customers, as well as their suitability and correctness.
      4. The terms and conditions that regulate the use of its contents and the offer of products and services.
      5. The contents of its advertising or promotional campaigns.
      6. The collection, storage and processing that may be made of personal data of its users and customers.

Therefore, without prior and effective knowledge, in view of the circumstances of the case, of the specific activity or information existing on such linked or connected sites to which it could direct its consumers and users, Polemo Shop® shall not be liable for possible damages, consequential damage, loss of profit, losses and concepts derived from visiting them through such links.

In any case, and in application of the maximum diligence, before any warning, news or knowledge of the actual or potential illegality or harmfulness of said contents, activities or services, and of course before the existence of a complaint or declaration by a competent body ordering their removal, limiting access or resolving the existence of injury, the administrator of Polemo Shop® will immediately proceed to remove such links from this web site or to demand their removal from the linking sites.

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5. Conditions of Purchase

Polemo Shop® is articulated as a catalogue and virtual shop for the offer and retail commercialisation of all kinds of garments for clothing and headwear, whose conditions are detailed in the section General Conditions of Purchase Purchase.

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6. Intellectual and Industrial Property

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The constituent elements, structure and contents are protected without any limitation by the applicable regulations in favour of the owner Polemo Shop (Polemo SL). Specifically:

      1. Logootype, brand, distinctive signs and elements of professional identity.
      2. Graphics, images, photographs and any other visual element of its own creation included in its design and contents.
      3. Textual content.
      4. Source code and textual elements.
      5. Source code and programming elements of own creation.
      6. Navigation architecture.

All of the above subject to periodic revisions, updates and modifications, which in no case may affect transactions carried out prior to the implementation of such modifications.

Third Party Content and Elements.

Polemo Shop® contains images from third parties with a standard licence for use acquired for publication in its virtual catalogue of products, to which the conditions and limitations in this section and those of the licensor apply.

Authorisations and Licences.

The set of elements that make up Polemo Shop® are made available to its users through the Internet as part of the general authorisation to access and view its sections and contents, subject to these terms and conditions, without any cession, licence, transfer or agreement affecting the intellectual and industrial property rights over the same can be assumed or derived.

The users of Polemo Shop® may obtain some of these elements protected by intellectual or industrial property rights by copying, downloading or printing, temporarily and for strictly private and particular use, and therefore without transfer to third parties or for installation in a computer system or server that allows access through a local network or Internet.

Any other purpose, use or action on such elements will always require the express, prior and written consent of the owner of Polemo Shop®.

The authorisations and licences for use granted from time to time shall incorporate their own set of conditions, limitations and temporary validity, and shall not be transferable to third parties under any circumstances except with the express, prior and written authorisation of the owner of Polemo Shop®.

Any use or attempt of unauthorised use, prohibited or contrary to the terms and conditions of this section will imply the withdrawal or termination of the licences and authorisations granted on the same in the future.

Limitations and Prohibitions.

Unless authorised or licensed, the following uses and actions are prohibited:

      1. Obtaining, copying or downloading of elements belonging to Polemo Shop® using means or procedures other than those that have been provided or indicated as appropriate in each case, or those normally used on the Internet; or that entail a risk of damage or disablement of its correct and safe operation.
      2. Publication of Polemo Shop®’s own elements on third party websites by means of framing techniques.
      3. Copying, downloading or printing, in whole or in part, of Polemo Shop® content or elements for use in commercial or professional activities, or in advertising or promotional elements in its favour.
      4. Copying, downloading or printing Polemo Shop®’s own contents or elements for their reproduction, distribution or public communication, in whole or in part and with or without alteration, regardless of the motivation or objectives pursued.
      5. Copies or downloads elements of its design, structure and/or programming of Polemo Shop®’s own base for its imitation, in whole or in part and with or without alteration, by means of reverse engineering techniques or any other that responds to particular or commercial use through licensing, leasing or purchase and sale formulas.
      6. Copying or downloading of meta-elements or hidden text containing the name “Polemo Shop®”, its logo or any other distinctive element for insertion in third party websites.

Consequently, unauthorised access and editing of notes, indications, distinctive signs, symbols or legends referring to Polemo Shop® or third parties’ intellectual or industrial property rights, such as “copyright”, “©”, “®” and “™”, and technical protection systems or watermarks or digital fingerprints arranged for the identification of the contents and elements subject to the same, is prohibited.

Without prejudice to their particular terms and conditions on intellectual and industrial property, the limitations and prohibitions listed are equally applicable to the elements of third parties licensed for use in Polemo Shop®.

Termination of Contracts and Licences.

Polemo Shop® reserves the right to modify or terminate any licence granted in accordance with these general terms of use, as well as to take legal action against any user for:

      1. Breach of any of the terms and conditions set forth in this section when:
        1. The breach cannot otherwise be corrected.
        2. After giving notice of the breach, the person responsible for the breach does not cease the breach.
        3. The breach is not remedied.
        1. Infringement or violation of any kind of right of Polemo Shop®, or of third party holders and/or licensors of rights incorporated in Polemo Shop®.
        2. Infringement of any right of Polemo Shop®, or of third party holders and/or licensors of rights incorporated in Polemo Shop®.
        3. Infringement of applicable regulations or the rights of third parties.
        4. Infringement of applicable regulations or the rights of third parties.
        5. Incorrect, inappropriate treatment of the owner of Polemo Shop® in any communication or contact.
        6. Incorrect, inappropriate treatment of the owner of Polemo Shop® in any communication or contact.
        7. Reiteration in the formulation of claims involving bad faith, recklessness or lack of material basis, after the appropriate warning.
        8. Supervening legal impossibility or impossibility.
        9. Imposition or supervening legal impossibility.
        10. Total or partial, temporary or definitive interruption of the service.

Of course, no modification or termination of licences shall entail the loss or limitation of rights deriving from transactions or contracts prior to the same in which the circumstances and legal basis for this have not been established by the jurisdictional or arbitration bodies.

Polemo Shop® is at your disposal for any request for information or clarification on any of the conditions set out above.

Claims on Intellectual and Industrial Property Rights.

The owner of Polemo Shop® respects the intellectual and industrial property rights of others and expects consistent behaviour from its users and third parties.

Any user, holder of intellectual or industrial property rights or authorised agent in their place who considers that any intellectual property right is being infringed may send a notification.

Complaint Procedure.

Any claim of infringement of intellectual or industrial property rights against the owner of Polemo Shop® can be addressed through any of the means of contact available in this section.

We advise you to attach the following information and documentation to your complaint:

        • Declaration of ownership of the allegedly infringed right, or declaration of authorisation to act on behalf of the owner.
        • Declaration of accuracy of the information in the notification.
        • Declaration of accuracy of the information in the notification.
        • Physical or electronic signature.
        • Declaration of the accuracy of the information in the notification.
        • Identification of the allegedly infringing material, and information reasonably sufficient to identify it.
        • Statement that the use of the material is unauthorized, unlawful or offensive.
        • Statement that the use of the material is unauthorized by the owner.
        • Contact information, including physical address, telephone number and e-mail address.

The owner Polemo Shop® endeavours to deal with all complaints with the utmost diligence for their prompt and correct resolution.

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7. Computer security

The hosting and server service provider – SiteGround Spain SL – monitors the functions of the Polemo Shop® website to ensure its secure and reliable availability for Internet users, and to protect the access and exchange of information through the system.

The website in the domain www.polemoshop.com is SSL (“Secure Socket Layer”) certified, which guarantees the highest levels of security, stability, functionality and privacy available on the Internet.

When accessing Polemo Shop®, you will see a padlock icon in a closed position in the lower right hand corner or in the upper left hand corner of the address bar, and the first characters of the URL address will change from “http” to “https”, indicating that you have accessed a secure communications environment.

All transactions between users and Polemo Shop®, including the sending of information and data through the contact forms and the order processes for the formalisation of purchase and sale contracts on its e-commerce platform, are processed through a secure server equipped with the SSL certificate, which encrypts the information before its transmission from the user’s computer or device.

Logically, any use of Polemo Shop® or any action contrary to or detrimental to the security model described and the general operating model is prohibited. Specifically and without excluding the following:

        1. Action, methods or operations tending to circumvent the general or specific security measures articulated by Polemo Shop®.
        2. Use of Polemo Shop® or its systems for purposes other than those for which it is intended as a catalogue and virtual shop.
        3. Interference in the use of Polemo Shop® or its systems for purposes other than those for which it is intended as a catalogue and virtual shop.
        4. Interference in its correct and secure operation.
        5. Denial of access.
        6. Denial of access or service to its users.
        7. Denial of access or service to its users.
        8. Modification, damage or destruction of systems or information stored and managed on your system.

In the event of any of the situations described above, the administration of Polemo Shop® will take the following control and corrective measures:

        1. Making any modifications and remedying any errors or vulnerabilities in the programming of Polemo Shop® or its server to eliminate the threat or failure, preventing similar incidents as far as possible.
        2. Inform users who may have been affected by the incident.
        3. To inform the competent authorities in view of possible legal infringements, and to initiate the necessary procedures for the identification of those responsible.
        4. The owner and manager of the Polemo Shop® remains at the disposal of any request for information or details on these general safety conditions and their practical application.

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8. Modification of Conditions

Polemo Shop® reserves the right to modify the general terms and conditions of use in this section at any time for legal, technical, procedural or organisational reasons, or for reasons derived from the dynamics of the Internet or its commercial sector.

As far as possible and when it is convenient for Polemo Shop®, the modifications made will be notified in a general or specific manner to those who may be affected.

Under no circumstances will the changes that may be made affect the rights derived or that may derive from the commercial transactions carried out prior to said modifications.

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9. User Service

Polemo Shop® guarantees personalised attention for any doubt, claim for information or details, manifestation of complaints and claims made by users in relation to any of the general conditions of use in this section, with a guarantee of immediate attention and response if made by telephone, or within 24 hours of receipt according to the contact details below:

Phone: 910 267 996

E-Mail: contact@polemoshop.com

Postal address: Calle San Joaquín, 16 Local 4 – 28004 Madrid (Spain)

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10. Complaints form

Polemo Shop® makes available to its users and customers a model complaint form to be filled out in relation to any reason for complaint or claim deriving from the access and use of this website, as well as its commercial offer and products accessible or already contracted through its e-commerce platform.

To request it, without the need to express or allege any reason or justification, please contact our User Service address in the previous section.

The Polemo Shop® administrator will return the complaint form to the sender, including your legal identification and contact details, according to the official model provided by the Community of Madrid, accessible through the link below, which includes complete instructions for its processing.

 

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11. Out of Court Dispute Resolution

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Regardless of the competence that corresponds to the ordinary courts to hear possible disputes generated between Polemo Shop® and its users in connection with any issue generated by the access and use of this website, structural and content elements, and specifically with the possible purchase and sale operations and delivery of products purchased through its e-commerce platform, there are consumer arbitration systems for the extrajudicial resolution of conflicts without special formalities and with binding and enforceable nature for both parties, articulated by Spanish and international regulations.

It is possible to resort to them for the resolution of any consumer dispute, as long as the dispute does not involve intoxication, injury or death or there are reasonable indications of a criminal offence.

Below, we offer updated links to the platforms to urge a quick, economic, efficient and quality resolution of your controversies and claims against sellers, suppliers and providers of goods and services through the Internet, such as Polemo Shop®.

European Union Online Dispute Resolution Platform

Consumer Arbitration System of the Spanish Ministry of Consumer Affairs

Autonomous Consumer Arbitration Boards

Autonomous Consumer Arbitration Boards

Provincial Arbitration Boards

Commonwealth Arbitration Boards

Municipal Arbitration Boards

The owner and administrator of Polemo Shop® offers its full cooperation for the resolution of disputes through consumer arbitration.

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12. Terms and Conditions of Use (PDF)

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The content of the general terms and conditions of use described in this section can be downloaded for storage and private reproduction by any interested user.

 

 

 

 

Last reviewed/amended: 12 July 2021.