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16 Cecil Crescent,
Cape Town, 7530
Phone: (+27) 021 982 0165
Who you are contracting with:
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
Part 1: Purchases from Chillipepper 3D – terms and conditions applying to purchases from Chillipepper 3D.
Part 2: General – term and conditions applying to your use of the Website and any purchases made by you on the Website. Please take note of the Disclaimer clause in particular.
PURCHASES FROM CHILLIPEPPER 3D
Chillipepper 3D Products & Availability
Stock availability: Stocks of all goods offer are limited. Chillipepper 3D shall take all reasonable efforts to ensure that when stock is no longer available, that the offers thereof are discontinued. However, should Chillipepper 3D be unable to fulfill any order placed by you at the advertised price due to stock having sold out, Chillipepper 3D will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in the Refund Policy. (“Refund Policy”)
ERRORS: Please note that although Chillipepper 3D endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Chillipepper 3D for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
Agreements of sale
Placing a product in a shopping basket or adding it to wishlist completing the purchase cycle does not constitute an agreement of sale/or an order for such product, and as such, Chillipepper 3D may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Chillipepper 3D liable if such product is not available when the purchase cycle is completed at a later stage. An agreement of sale only into effect if and when: (a) you electronically submit a properly completed order for one or more product in our shopping basket; and (b) payment is either authorised, or received by Chillipepper 3D in its bank account.
Termination of Sales & Cancellation of Orders
Amounts payable by You
Errors: Chillipepper 3D shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Chillipepper 3D will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to any exceptions expressly mentioned below, your payment for any products ordered from Chillipepper 3D must be made to us in any one of the following ways:
If you select to pay via this method, instructions will be given on how to deposit monies into Chillipepper 3D’s bank account and it would be subject to the following rules:
Chillipepper 3D delivers to addresses both within and beyond the borders of South Africa.
The following types of products which will only be delivered to addresses within the Republic of South Africa:
Delivery charges are calculated automatically on the total value and weight of all products included in an order, when the order is created.
Outside the borders of South Africa
Goods to the following international destinations are sent as follows:
Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into a different orders, and you may choose different delivery addresses for each order.
PART 2 – GENERAL
Note that this Part 2 applies to all purchases made on the Website.
Restrictions on Sales
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such and that these restrictions are observed. Accordingly you indemnify Chillipepper 3D from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us.
A full record of every sale and related transaction between you and Chillipepper 3D shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus
only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Save for Chillipepper 3D being liable to you:
Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Chillipepper 3D and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Chillipepper 3D submit to the non-exclusive jurisdiction of the South African courts.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Chillipepper 3D suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.
You allow Chillipepper 3D to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Changes to Agreement
Chillipepper 3D may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Between you and Chillipepper 3D : Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Chillipepper 3D on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Chillipepper 3D , then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Address for Notices
Chillipepper 3D chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 16 Cecil Crescent, Burgandy, Brackenfell, Western Cape, South Africa with a copy to firstname.lastname@example.org (the sending of such copy being required in order for any notice to be validly delivered to Chillipepper 3D ).
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Chillipepper 3D from time to time (as described above), for so long as the Website exists and is operational, Chillipepper 3D being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Chillipepper 3D).
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in Chillipepper 3D and all rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this Website email@example.com or phone customer support on +27 (0)21 982 0165 for assistance.
Chillipepper 3D cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Chillipepper 3D of any content that may be offensive or illegal.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Chillipepper 3D and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Chillipepper 3D , you consent to receiving communications from Chillipepper 3D electronically and agree that all agreements, notices, disclosures and other communications sent by Chillipepper 3D satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-Chillipepper 3D sites are provided as is and Chillipepper 3D does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Chillipepper 3D. Such permission could be obtained from firstname.lastname@example.org.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Full name: CHILLIPEPPER 3D (Pty) Ltd, registered in South Africa, registration number 2016/275612/07
Main business: Online retailer
Address for receipt of legal service:
16 Cecil Crescent, Burgandy, Brackenfell, Western Cape, 7560
Office bearers: Kevin Schoeman (Director)
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.justice.gov.za/legislation/acts/2000-002.pdf
Code of Conduct: not applicable
Chillipepper 3D.co.za (Pty) Ltd, registration number: 2016/276512/07 is committed to ensuring the protection of the privacy of all visitors (“Visitors”) to our website at www.chillipepper3d.co.za (the “Website”) as well as all persons (“Customers”) who have registered for an account with us (“Account”), in order to purchase products (“Shoppers”).
You need to read and accept all the provisions in this Policy in order to use the Website and/or our services. By accepting this Policy, you are deemed to have read and agreed with all the provisions thereof. If you do not agree with anything in this Policy, then you may not use the Website and any of the services available therefrom.
We may amend this Policy at any time by posting a revised version on our Website. The revised version will apply to Visitors with effect from the time we post it. However we will provide Customers with at least 30 days’ prior notice of any such revision by posting notice of the change on the Website and the revision will then apply to Customers with effect from the date indicated in such notice, provided that if you are a Customer and you are not happy with the revisions made, you should stop using the Website in any way and may request us to deactivate your Account with us.
2.1 Types of Information we collect
As a Visitor or registered Shopper, you agree that we may electronically collect, store and use the following of your information:
2.1.2 Additional information you may provide on a voluntary basis, such as demographic information or information related to your favourite social networking site (eg. the site name, address and description), or information relating to your participation in competitions, promotions, surveys, and/or additional services (“Optional Details”).
2.2 How we collect such information
2.2.1 Voluntarily provided by you: Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website, enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the Website.
2.2.2 Automatically gathered via various technologies:
22.214.171.124 Other tracking technology: When you access the Website or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us or our service providers from your system by using different types of tracking technology.
126.96.36.199 Web Beacons: Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Web beacons are typically 1-by-1 pixel files (so small that you would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also include web beacons in HTML-formatted newsletters that we send to opt-in subscribers in order to count how many newsletters have been read. Our web beacons do not collect, gather, monitor or share any personally identifiable information. They are just the technique we use to compile anonymous information about the Website and Service usage.
2.3 The purpose for which we collect this information
2.3.1 We may use any Optional Details provided by you for such purposes as indicated to you at the time you agree to provide such Optional Details.
2.3.2 We may use your Usage Details to (a) automatically provide you with the latest version of the Chillipepper 3D application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Website or Platform; (c) monitor aggregate Website usage metrics such as total number of visitors and pages accessed; (d) recommend such of our products to you which we believe you might like based on your browsing history; and (e) track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website.
3.1 Types of information we collect about our Customers
If you are a registered Customer, you agree that we may also electronically collect, store and use the following of your information:
3.1.1 Name and surname, birth date, gender, location (i.e. country, province and city of residence), identity number or passport number (“Personal Details”);
3.1.2 If you are a legal entity, your full name, registration number, country of incorporation (“Corporate Details”), and the Personal Details of all your directors and/or office bearers;
3.1.3 e-mail address and, if provided by you, your mobile number (“Contact Details”);
3.1.4 Information relating to your transactional activity on the Website (“Transaction Details”);
3.1.5 Additional information you may provide on a voluntary basis, which could include demographic information or information related to your favourite website, activities, interests or your participation in competitions, promotions, surveys, and/or additional services (“Additional Details”); and
3.1.6 Information relating to third parties for whom you purchase products as gifts, such as such their name, physical address and/or contact number (“Third Party Details”).
3.2 How we collect information about Customers
Your Personal, Corporate and Contact Details will be provided by you during your registration as a Customer and/or thereafter by your actively updating or supplementing such details in your Account. Additional Details are provided by you on a voluntary basis either directly, or indirectly by means of you linking your Account to your other social networking profiles, such as your Facebook profile. Transaction Details are recorded by us as and when you buy or sell anything on the Website. Third Party Details are provided by you as and when you decide to order a product as a gift for that third party.
3.3 The purposes for which we collect the information
We use the information that registered Customers provide (or that we collect) to operate, maintain, enhance, and provide all of the features of the Website and related services, and as may be necessary to comply with any relevant laws.
3.3.1 We use your Personal and Corporate Details to greet you when you access your Account, to manage and administer your use of the Website and fulfill our contractual obligations, including to verify your identity when transacting with us.
3.3.2 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Website. We may also use your Contact Details to inform you of competitions, promotions and special offers from us and/or our partners and/or affiliates, but only if you give your prior consent to receiving such communications. For more information regarding these optional communications, see section 9 below.
3.3.3 We use your Transaction Details to keep transaction records and to comply with our other obligations and enforce our rights as per the T&C (if you are a Shopper). We may also use these details to notify you about products or special offers you may be interested in, but only if you have consented to receiving such communications from us (as explained in section 9) and to, on an aggregated anonymous basis, track sales, conduct market research and in so doing improve our product selection and services generally.
3.3.4 We may use any Additional Details provided by you to enhance and personalize your browsing experience on the Website and for such other purposes as may be indicated to you at the time you agree to provide such Additional Details.
3.3.5 We use the Third Party Details to be able to deliver the product you purchased for such third party to him/her and to contact such third party if need be to ensure delivery to him/her. We will not use such Third Party Details for any other purpose.
4.1 We store the personal information of our Customers and Visitors on our servers in South Africa, but we control all such personal information from South Africa. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.
4.2 You should not divulge your Account password to anyone. We will never ask you for your password in an unsolicited telephone call or e-mail. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
4.3 If you are a legal entity and not an individual, we will liaise only with your named contact or alternative contact provided by your named contact. It is your responsibility to let us know of any changes to your named contact.
5.1 We may share the personal information of each of our Visitors and Customers with –
5.1.1 our other business divisions, or other companies within the group of companies to which we belong, being the Chillipepper 3D (Pty) Ltd group of companies (which includes companies registered in countries other than South Africa) so as to provide joint content and services like registration, transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will only use this information to send you marketing communications if you have requested their services.
5.1.2 Law enforcement, government officials, fraud detection agencies or other third parties when (a) we are compelled to do so by a subpoena, court order or similar legal procedure; or (b) we need to do so to comply with any law; or (c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement and/or Merchant Agreement.
5.1.3 our service providers under contract who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
5.1.4 Other third parties, but only with your consent or direction to do so.
If you would like to review or change the details that you have supplied us with at any time you can either amend your details directly by going to your ‘Account’ section in the top right corner and choosing Update your profile or by contacting us on firstname.lastname@example.org or +27 (0)21 982 0165. (Contact centre hours: Weekdays 8:00 – 17:00).
Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as personal information for purposes of this Policy:
7.1 Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.
7.2 Non-personal statistical information collected and compiled by us. We own and retain all rights in such information
7.3 Information, which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environments
By accepting this Policy, you consent to our collection, storage, processing and disclosure of your personal information as described in this Policy. Should you terminate your registration with us and/or close your Account, you consent to our retention of the information we have already collected from you for record-keeping purposes only.
Although you cannot opt out of receiving communications we need to send you relating directly to your Website purchases, you can opt out of receiving various other types of communications from us, being as follows:
9.1 sporadic alerts about exclusive discounts, special offers, sales and competitions.
9.2 regular newsletters to inform you about offers, hot products and other things that may be of interest to you (based on your selected interests and previous purchases) or to our Customers generally.
9.3 Service communications concerning activity on your Account such as to notify you about a voucher you have received from us, or to remind you of unordered items in your online basket or vouchers approaching expiry, which you haven’t yet redeemed.
You can opt out of service mails and notify us about your marketing communication preferences here. You can also opt out on a specific type of communication by following the unsubscribe link at the bottom of each email.
While we do our best to act on your preferences as soon as we can, please be aware that it may take up to 14 days for changes to your preferences concerning newsletters or service emails to take effect.
Purchases from Chillipepper3.co.za
We deliver parcels within South Africa, delivery charges are calculated automatically on the total value and weight of all products included in an order, when the order is created.
Local delivery charges
Free delivery promotion on orders over R2000*
Charge per order
Door-to-door courier (basket total under R2000) – Fastway Couriers
FedEx (Express Services) – Quatation Basis Only (Email info@chillipepper3d for a quote)
From R170.00 up
International delivery charges
For International shipment quotations please email email@example.com
Please note that additional import duties may be payable by recipients of goods in foreign countries. These import duties would be over and above the charges to ship your order from South Africa. Chilli Pepper 3D does not know what import duties/levies may be payable, and unfortunately cannot estimate such costs. If you are ordering for delivery beyond our borders, please investigate whether any such import duties/levies would be payable on your order and, if so, the amount thereof.
This Refund Policy regulates the extent to which you may cancel your purchases made on the Website and be refunded therefore, either before or after having received the product, as well as what your remedies are if the product you received is defective. It also explains the process you need to follow in order to properly cancel a purchase, report a defect, arrange for a return etc.
You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Refund Policy in its sole discretion and without being obliged thereto, chooses to give you a refund, repair or replacement.
1.1 Early Cancellations
Subject to the EXCEPTIONS listed below, you are entitled to cancel (either in whole or in part) any purchase without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so purchased, and you effect such cancellation online on your ‘orders’ webpage (it being recorded that this online functionality for cancelling any sale will only be available for so long as you are entitled to cancel same on a penalty-free basis).
If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled purchase (including delivery charges), without any administrative or other charges being payable provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges
EXCEPTIONS: Early cancellation as aforesaid is NOT possible for purchases of electronic Vouchers (which cannot be cancelled at all once purchased).
1.2 Late Delivery & Stock Shortages
If a product you have purchased is not delivered within the agreed delivery period (or where no specific period was agreed, within 30 days after having purchased the Product) you are entitled to cancel such purchase on 7 days notice to the seller of such product the functionality for giving such notice being provided on the ‘orders’ webpage of the Website.
Should a product that you’ve ordered be out of stock, the seller thereof will notify you thereof, whereupon:
In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
1.3 Incorrect Product Delivered
If the incorrect Product is delivered to you (i.e. it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact Chillipepper 3D, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
1.4 Non-defective products
Save for certain EXCEPTIONS (as listed below), you are entitled, after your receipt of a product purchased by you, to cancel that purchase within the relevant COOL OFF PERIOD specified below, and to obtain a full purchase price refund, subject to being charged by us for the return of the product.
COOL OFF PERIOD:
EXCEPTIONS: The aforesaid ability to cancel purchases of non-defective products will NOT apply in respect of the following types of products:
Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, the product must be returned in the condition you received it and by following the procedure set out in the ‘Return & Refund Process’ section below. So, if you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Remember that the seller may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
POSSIBLE LENIENCY BY CHILLIPEPPER 3D: Although your right to return non-defective products bought from Chillipepper 3D are as set out above, if you want to return a non-defective product you purchased from Chillipepper 3D after the aforesaid 7 day cooling off period and/or the non-defective product returned is not in the same condition as when it was delivered to you, Chillipepper 3D may, in its sole discretion, decide to nevertheless give you a partial refund on that purchase.
1.5 Defective Products
GENERAL RULE: If, within 6 months after delivery of a product:
And the product is subsequently found:
WHEN IS THE PRODUCT ‘DEFECTIVE‘? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
EXCEPTIONS TO THE GENERAL RULE:
Electronic hardware (excluding Gaming Consoles)
POSSIBLE LENIENCY BY CHILLIPEPPER 3D: Although your rights in relation to Defective products are as set out above, if you return an allegedly Defective product you purchased from Chillipepper 3D and, following inspection thereof it cannot be established with certainty that the product is Defective, Chillipepper 3D may, in its sole discretion, nevertheless decide to give you a partial refund on that purchase or to effect a repair or give you a replacement at a reduced cost.
2.1 Purchases from Chillipepper 3D
RETURNS: If you want to return a product you have purchased from Chillipepper 3D for any reason permitted under this Refund Policy, you must in all instances first notify Chillipepper 3D thereof to inform us of the reason for your return by contacting us via the online functionality for initiating a return in your Account, or via email at:firstname.lastname@example.org or our call centre at: +27 (0)21 982 0165. Once you have successfully logged your return as aforesaid, Chillipepper 3D will issue you with a returns authorisation number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following:
Chillipepper 3D is not able to accept the return of any products, which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense. Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right Chillipepper 3D may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
REFUNDS: Should you be entitled to a refund for any reason a handling and repackaging fee of up to 20% may be charge at the discretion of Chillipepper 3D and handled on a case by case basis, also such refund shall be effected in the same manner in which your payment was made. EXCEPT where payment was made via EFT, bank deposit, in which case we will credit your Chillipepper 3D shopper profile. Note that for EFT and bank deposit payments, you have the right to request that the relevant amount instead be paid back into your bank account (and note that we will only pay back into your bank account and not a third party’s bank account).
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