Terms & Conditions
Background
These Terms for Consumers, together with any and all other documents referred to herein, set out the terms under which Users may use this website (www.kimmartist.com). Please read these Terms of use carefully and ensure that you understand them before using or purchasing anything on this website. You will be required to read and accept these Terms for Consumers when creating an Account or purchasing anything. If you do not agree to comply with and be bound by these Terms of use, you will not be able to purchase anything on this website.
1. Definitions and Interpretation
1.1 In these terms of use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of Our Site, including Our shop;
“Consumer” means a User who makes a purchase on Our Marketplace;
"Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing” means an item or items for sale;
“Shop” means Our platform for Consumers to purchase items on Our Site;
“Our Site” means this website, (www.kimmartist.com)
“Payment Service” means the payment service provided by Squarespace;
“Third Party Payment Service Provider” Means Squarespace Payments (www.squarespace.com)
“User” means a user of Our Site;
“We/Us/Our” means Kim M Artist
2. Information About Us
2.1 Our Site is owned and operated by Kim M Artist.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Consumers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights and Use of Our Site
All content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clauses 4.3 and 4.6 or unless stated in a Creative Commons License which may be attached to some User Content (see Creative Commons licence for more details) you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.
4.3 You may:
3.a.1 access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);
3.a.2 download Our Site (or any part of it) for caching;
3.a.3 print one copy of any pages from Our Site;
3.a.4 download extracts from pages on Our Site; and
3.a.5 save pages from Our Site for later and/or offline viewing.
4.4 You must read these intellectual property rights as being subject to any restrictions on use applying to any User Content on the Site including (this list is not exhaustive) photographic images, videos and text whether directly on a page of the Site or contained in a document (e.g. a pdf) accessible from a page of the Site or part of them such as video and photographic images which are subject to the special restrictions set out in the Creative Commons Licence (“Special Restrictions”).
4.5 The owner and author of any Content (including User Content) must always be acknowledged in accordance with the terms of the Creative Commons License when re-using that Content.
4.6 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.
4.7 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.
5. Age Restrictions
You may only purchase from Our Marketplace if you are at least 18 years of age.
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6. Rules and Acceptable Usage Policy
6.1 When using Our website, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 5. Specifically:
1.a.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
1.a.2 you must not use Our website in any way, or for any purpose, that is unlawful or fraudulent;
1.a.3 you must not use Our website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
1.a.4 you must not use Our website in any way, or for any purpose, that is intended to harm any person or persons in any way; and
1.a.5 you must always provide accurate, honest information to Kim M Artist
6.2 When using Our website, you must not submit anything, or otherwise do anything that:
2.a.1 is sexually explicit;
2.a.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
2.a.3 promotes violence;
2.a.4 promotes or assists in any form of unlawful activity;
2.a.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
2.a.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
2.a.7 is calculated or is otherwise likely to deceive;
2.a.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
2.a.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.2);
2.a.10 implies any form of affiliation with Us where none exists;
2.a.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
2.a.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.3 We reserve the right to suspend or terminate your access to Our website if you materially breach the provisions of this Clause 5 or any of the other provisions of these Terms of use. Further actions We may take include, but are not limited to:
3.a.1 removing any offending material from Our website;
3.a.2 issuing you with a written warning;
3.a.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
3.a.4 further legal action against you as appropriate;
3.a.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
3.a.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
1.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of use.
7. Purchasing
7.1 When making a purchase, you expressly agree that:
1.a.1 You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply;
1.a.2 You will pay for the item(s) purchased in full and on time, using Our Payment Service, details of which are provided below in Clause 7; and
1.a.3 You have provided complete and accurate delivery details to Us.
8. Payment Service
8.1 All Payments on Our Marketplace are made through the Payment Service provided by Squarespace Our Third Party Payment Service Provider.
8.2 Your use of the Payment Service may require an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments through Our website.
8.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our website with the Third Party Payment Service Provider.
8.4 If We receive notice from the Third Party Payment Service Provider that your use of Our website or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our website, and/or the suspension or termination of your Account on Our Site.
8.5 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
9. Payments to Kim M Artist
9.1 All payments are processed using the Payment Service described above in Clause 7.
9.2 If you do not pay, we may cancel the transaction. Please refer to Clause 13 for more information on the Our cancellation rights.
9.3 All payment details are held securely and shared only with Our Third Party Payment Service Provider.
10. Taxes
10.2 Where any tax, for example VAT, forms a part of the price of any item on Our website, the tax must be included in the price of the item.
10.4 For further information on VAT and other taxes in your location, please contact your local tax authority.
11. Delivery
11.1 We will ship items to you as soon as is reasonably possible upon receipt of payment, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless a Listing states otherwise, or unless you have agreed otherwise with the Us, we will dispatch items no later than 14 calendar days after the date on which the Sale takes place.
11.2 As stated in sub-Clause 6.2.3, you must provide complete and accurate delivery details toUs. The We are responsible for ensuring that we use the delivery address exactly as you provide it to us, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Ours.
11.3 Delivery costs are calculated automatically, and the cost of delivery will be automatically added at the point of sale.
11.4 Once an item has been dispatched to you, we will inform you that it has been dispatched.
11.5 we are responsible for ensuring that we check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.
12. Your Rights to Cancel and Return Items
12.1 If you are a consumer (that is, not a business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Member and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) receive(s) the item.
12.2 The cooling-off period does not apply in the following circumstances:
2.a.1 If the item is digital content and it has been downloaded or otherwise accessed by you; or
2.a.2 If the item has been personalised or made-to-order for you; or
2.a.3 If the item has been inseparably mixed with another item or other items (according to their nature) after you have received it.
12.3 If you wish to exercise your right to cancel during the cooling-off period, you must inform the us of your decision within the cooling-off period. You may do so in any way you wish, however for convenience please email contact@kimmartist.com. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.
12.4 Items must be returned to us no more than 14 calendar days after the day on which you inform us that you wish to cancel. You will be responsible for the costs of returning items to us if you cancel under the cooling-off period.
12.5 When you cancel under the cooling-off period, we must issue a refund within 14 calendar days of the following:
5.a.1 The day on which we receive the item(s) back; or
5.a.2 The day on which you inform us (supplying evidence) that you have sent the item(s) back (if this is earlier than the day under sub-Clause 11.5.1); or
5.a.3 If we have not yet dispatched the item(s), the day on which you inform us that you wish to cancel.
12.6 We may make certain limited deductions from refunds under this Clause 11 as follows:
6.a.1 We may reduce a refund for any diminished value in an item resulting from your excessive handling of it (e.g. handling going beyond that which would be permitted in a shop)
6.a.2 We are only required by law to reimburse standard delivery charges. If you have chosen a premium delivery method, We are only required to reimburse you for the equivalent of standard delivery. Delivery charges will only be refunded in the event of a faulty item or in the event that the incorrect item is received.
13. Problems with Transactions and Your Rights
13.1 By law, we must provide goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that we have provided to you, and that matches any samples or models that we have shown to you (unless the we have made you aware of any differences).
13.2 If items do not conform with the requirements outlined in sub-Clause 12.1 and, for example, have faults or are damaged when you receive them, you must contact us as soon as reasonably possible to inform us of the problem. The following remedies will be available to you:
2.a.1 Beginning on the day that you receive the item(s), if the item(s) is/are goods, you have a 30 calendar day right to reject them and to receive a full refund if they do not conform.
2.a.2 If you do not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. We must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, we may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
2.a.3 If, after a repair or replacement, the item(s) still do not conform (or if we cannot repair or replace it/them, as described above, or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.
13.3 If you exercise your final right to reject the item(s) more than six months after receiving it/them, we may reduce any refund to reflect the use that you have had out of it/them.
13.4 Please note you will not be eligible to claim under this Clause 12 in the following circumstances:
4.a.1 We inform you of any fault(s), damage, or other problems with the item(s) before you purchase them and it is because of that/those same issue(s) that you subsequently wish to return them;
4.a.2 you have purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the item(s) for that purpose; or
4.a.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
4.a.4 The costs of returning items to us should be covered by us, reimbursing you where necessary.
13.5 Refunds (whether full or partial, including reductions in price) under this Clause 12 must be issued within 14 calendar days of the day on which the Member agrees that you are entitled to a refund.
13.6 Any and all refunds under this Clause 12 must include all delivery costs paid by you when the item(s) was/were originally purchased.
13.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
14. Further Transaction Cancellation Rights
14.1 We have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
1.a.1 Kim M Artist and you have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
1.a.2 Kim M Artist and you have mutually agreed to cancel the transaction following receipt by you of the item(s) and you have returned the item(s) to us;
1.a.3 You have failed to pay;
1.a.4 We have chosen to refuse service to you.
13.2 Refunds must be made within 14 days of:
2.a.1 the date on which you and Kim M Artist agree the cancellation, under sub-Clauses 14.1.1 and 14.1.2; or
2.a.2 the date on which we inform you that we are cancelling the transaction, under sub-Clauses 14.1.3 and 14.1.4.
15. Your Account Cancellation Rights
15.1 You may close your Account at any time within your Account dashboard.
15.2 Any outstanding sums due and payable to us will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.
16. Our Liability to You
16.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of use or as a result of Our negligence.
16.2 Subject to sub-Clause 16.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
16.3 Nothing in these Terms of use seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
16.4 Nothing in these Terms for use seeks to limit or exclude Consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
17. Communication and Contact Details
17.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07729879907 or by email at contact@kimmartist.com
18. Data Protection
18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
18.3 You must only use the personal data of other Users to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our website, and/or to respond to messages from users. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
19. Links to Our Site
19.1 You may link to Our Site provided that:
1.a.1 you do so in a fair and legal way;
1.a.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;
1.a.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
1.a.4 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
19.2 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
2.a.1 is sexually explicit;
2.a.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
2.a.3 promotes violence;
2.a.4 promotes or assists in any form of unlawful activity;
2.a.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
2.a.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
2.a.7 is calculated or is otherwise likely to deceive another person;
2.a.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
2.a.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.3);
2.a.10 implies any form of affiliation with Us where none exists;
2.a.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
2.a.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
20. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
21. Third Party Advertising
1.1 We may feature Third Party Advertising on Our Site.
1.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
1.3 We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
22. Disclaimers and Legal Rights
22.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.
22.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
22.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
22.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
23. Our Liability
23.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
23.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that my apply to Our Site or to any Content (including User Content) included on Our Site.
23.3 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
23.4 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 22.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
23.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
23.6 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
24. Viruses, Malware, and Security
24.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 23.5, subject to sub-Clause 22.2.
24.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
24.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
24.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
24.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
24.6 By breaching the provisions of sub-Clauses 24.3 to 24.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
25. Other Important Terms
25.1 We may transfer (assign) Our obligations and rights under these Terms for Consumers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Consumers will not be affected and Our obligations under these Terms for Consumers will be transferred to the third party who will remain bound by them.
25.2 You may not transfer (assign) your obligations and rights under these Terms for Consumers without Our express written permission.
25.3 If any of the provisions of these Terms of use are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of use. The remainder of these Terms of use shall be valid and enforceable.
25.4 No failure or delay by Us in exercising any of Our rights under these Terms of use means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms use means that We will waive any subsequent breach of the same or any other provision.
25.5 We may revise these Terms of use from time to time in response to changes in relevant laws and other regulatory requirements.
26. Law and Jurisdiction
26.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
26.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 26.1 above takes away or reduces your rights as a consumer to rely on those provisions.
26.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
26.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.