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Terms&Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE «MARTELY»

TERMS

Customer – any capable person who places orders and purchases goods from "MARTELY", which are presented on the website www.martely.com , for your personal, household and other needs not related to business activities.

Seller – a legal entity “MARTELY”, owner and operator of the website https://martely.com , incorporated under the laws of the Republic of Moldova, (the legal address)

Site – the website of the seller including online-store, hosted at https://martely.com
Product – an object (a piece of clothing, accessory or other material value), submitted for sale on the Site.

Order – the order duly placed by the Customer (i.e. all fields required in the sections "Shopping Bag" and "Order check-out" are filled), addressed to the Seller for sale and delivery of the selected goods to the address specified by the Customer.

general conditions

1.1. The Site is owned and operated by "MARTELY"

1.2. This Offer complies with Article 681 of the Civil Code of the Republic of Moldova.

1.3. When ordering the Goods via the Site, as well as when placing the Order via the telephone, the Customer unconditionally agrees to the Terms and Conditions of sale of goods (“Terms and Conditions”) stated below.

1.4. The selling of Goods to the Client is regulated by The Law №105-XV from the 13th March 2003 “On Protection of Consumer rights”and by The Law №284-XV from the 22nd July 2004 "On approval of sales of certain types of goods, the list of durable goods, which are not covered by the requirement of the buyer on gratuitous granting him on the period of repair or replacement of similar product of the list of non-food products of good quality that cannot be returned or exchanged for similar goods of other size , shape, dimensions, style, color or configuration".

1.5. The Seller has the right without any notice to change these Terms and Conditions. Changes to the Terms come into effect upon publishing them on the Website and shall apply to any orders made after publication.

1.6. By placing the Order on the website or by phone, the Customer accepts this Offer’s conditions without any exception and/or clauses.

1.7. All text information and Goods graphic presentation placed on the Website are the property of the Seller or its partner. Viewing the information or printing the pages of the Website is allowed for personal use only.

1.8. Site is designed for internet sales.

1.9. By registering in the site, the customer assumes the obligation to use the correct services and site services, as well as in the case of an order payment obligations and acceptance. The seller, in turn, undertakes to fulfill its commitments on the provision of services, and services, as well as the delivery and transfer of ownership of the Buyer paid for the goods on the terms of this Agreement.

2.INFORMATION ABOUT GOODS

2.1. All the information about the Goods is placed on the Website and is provided by the Seller.

2.2. A price on each position of Goods is indicated on the web-site of online store.

2.3. Cost of goods on the website does not include cost of delivery and customs duties.

2.4. All the distributed products are put into the civil circulation in a proper way and they do not violate any rights of the third parties.

2.5. To specify the information concerning the Good's qualities and characteristics before purchasing, the Customer can contact the Seller by phone number: +(373) 69 822222 (Republic of Moldova), from 10 am till 8 pm

2.6. The seller has the right to change the price without prior notice on the product. However, the seller has no right to change the price of the ordered goods in the sales order after the order has been received by Seller.

3.REGISTRATION

3.1. To place the Order the Customer must be registered on the Website. The Customer can do it on his own or with the help of our Customer Care service specialists.

3.2. The Customer agrees to provide the following information while ordering:

3.2.1. surname, name and middle name of the buyer or the person specified by him (the recipient)

3.2.2. delivery address (If delivery address is a Customer address)

3.2.3. e-mail

3.2.4. phone number

3.3. The Name of the item, quantity, range, article, price of the goods specified in the "shopping bag" of the Customer, registered at the website.

3.4. If Seller needs more information, he may request it from the Customer. In case of not providing the information required by the Customer, the Seller is not responsible for the selected goods.

3.5. The Seller is not responsible for non-execution of the Order (or the delay in execution) due to inaccurate or incorrect information provided by the Customer.

4.CHECKOUT

4.1. The Order is placed on the Website by the Customer or with the help of our Customer Care specialist by phone.

4.2. The Customer can order goods through the web site 24 hours a day.

4.3. While placing an order independently or with the help of our specialists, the Customer agrees to transfer his personal information to the Seller and agrees on its processing by the Seller (as provided by the Section 11 of the offer) as well as processing the information concerning the Order or the Orders. The Customer agrees to respect the Terms of sale of goods by filling in the fields in the corresponding columns when placing the Order on the Website.

4.4. The Seller is not responsible for the incorrect information provided by the Customer when ordering.

4.5. The Customer is responsible for the accurate information provided when ordering.

4.6. The Seller is not responsible for the wrong choice of the characteristics of the goods or modifications ordered in the shop by the Customer.

4.7. Contract of purchase between the Seller and the Customer is deemed to be concluded from the date of issuing a payment receipt or other document confirming the payment of the goods by the Seller to the Customer.

5.ORDER ACCEPTANCE

5.1. Once the Order is checked-out, the Customer receives the information (to the specified e-mail) concerning the details of his Order, including the price of the goods, delivery fees, and other services fees (if these services are to be paid).

5.2. Orders placed on working days from Monday to Friday from 10:00 to 20:00 are processed within 24 hours. Orders placed on weekends and holidays will arrive the next business day.

5.3. The Order is considered as accepted for the execution after the Customer receives an e-mail message on the e-mail address, specified in the registration form, confirming the acceptance of the Order and/or after the message, indicating the number of the Order, appears on the website page.

5.4. The Seller reserves the right to cancel the Customer's Order at the stage of the Order confirmation.

5.5. The Seller reserves the right to settle the Order details with the Customer by phone. In case of impossibility to contact the Customer within 3 (three) days, the Order is cancelled. If the Customer has already prepaid the order, the Seller must return the money using the bank details from which the payment was made.

5.6. Once the Order is checked-out, the Customer receives information concerning the delivery date which depends on the availability of the ordered Goods in the warehouse of the Seller and on the time required for Order processing and delivery.

5.7. In case of absence of the ordered goods on the Seller’s warehouse, the Seller shall contact the Customer by methods specified in the Order. The Buyer informs the Seller either on consent to accept the Goods in the amount available on the warehouse of the Seller, or on cancelling the missing Goods from the Order. In case of impossibility to contact the Customer or no non-receipt of the answer from the Customer within Two (2) days from the date of notification made by the Customer, the Order shall be canceled by the Seller in full measure, about this fact the Seller shall inform the Customer by sending an e-mail to the address provided during registration. If the Customer is made a prepayment, the monetary funds shall be returned by the Seller to the bank details from which the payment was made.

6.TERMS OF PAYMENT

6.1. The Goods' prices are specified on the Website are VAT-free and do not include the delivery costs and customs clearance fees.

6.2. The Seller has the right to change the Goods' price without any prior notification. However, the Seller has no right to change the price of the ordered Goods in the Customer’s Order after the Order has been accepted by the Seller in accordance with the paragraph 5.3. of these Terms and Conditions.

6.3. The Goods price shall be paid in American Dollars (VAT-free)

6.4. We accept the following payment methods:
- by cash or credit card to a courier upon the delivery (acceptable for Republic of Moldova)
- via the Customer's PayPal account
- by transferring a payment on “MARTELY” bank account

7.EXECUTION OF THE ORDER AND ITS DELIVERY

7.1. Delivery address specified while ordering the product. Seller is not responsible for faulty delivery/terms of order if the Customer specified incorrect information.

7.2. Terms of delivery are calculated individually, based on its weight and place of delivery.

7.3. By agreeing to the conditions of sale, the Customer agrees to pay for expedited delivery of the order, as well as sales taxes and customs duties, if applied to the order.

7.4. The Order delivery terms include order processing and delivery time.

7.5. The Seller delivers orders by the courier service. Delivery terms are specified in “delivery” section of this site.
The Customer is obliged to accept the Order within the agreed delivery terms.
The delivered Goods shall be transferred to the Customer, and in its absence – to any person who presents the Order confirmation or other document confirming the registration of delivery of the Goods.

7.6. To avoid fraud situations, the courier service has rights to ask for your document of identification, order number, item number and tracking number. We guarantee the confidentiality and protection of personal information of the recipient.

7.7. Check your order upon delivery to ensure that there are no visible signs of damaged.

7.8. If the order has gone lost during delivery because of delivery service fault, you will receive a full refund for the value of the order and delivery after the confirmation letter of missing package will be received from the courier service.

7.9. Product information is described in the technical documentation attached to the product on labels, by marking or different ways for special types of products.

7.10. The Seller tries to comply with the agreed time of delivery. The Seller is not responsible for any delay due to the unforeseen circumstances that occurred not by the Seller's fault and were impossible to foresee.

7.11. The Customer has the right to refuse from all of the ordered Goods or individual items (if the Order is not transferred for delivery to the courier service) at any time before it is transferred to the Customer (before signing the shipping documents), and within 30 days after the transfer of goods.

7.12. Property in the Goods, the risk of accidental loss or damage pass to the Customer at the moment of acceptance of the Goods from a representative of the courier service, once the Customer paid the Order and signed the shipping documents.

7.13. Providing the Good, the Seller transfers all the information on the good, including the information on procedure and periods of return, the guarantee terms, and product care notification.

8.EXCHANGE AND RETURN

Exchange and return of the goods of proper quality are possible at any time before the good is delivered and within 30 calendar days after the delivery.
Exchange and return of the goods of proper quality can be made only if the specified goods were not in use, kept their marketable state, consumer properties, seals, manufactory labels and original packaging.
In case of arising of a dispute on causes of the defects or the fact of use of the goods and preservation of its marketable state, an independent examination of the goods must be conducted.
The Customer is not entitled to refuse the good of proper quality with its individual characteristics if the specified good may be used only by the Customer who purchased these good.

8.1. Exchange
In the case of exchange, the returned Goods shall be borne by the Seller.
At the exchange of goods, the delivery of the new Order is carried out only when the Seller receives the previous Order.

8.2. Return

8.2.1. To return the Good of proper quality (including by the reason of its exchange), the Customer agrees to pack the product carefully (together with all accessories and a full set of accessories, specified in the technical documentation of the Good), and to enclose the following documents:
- Letter with reason of exchange or return, including bank details in case of return
- Copy of passport (2nd and 3rd pages)
- Sales receipt

8.2.2. The Customer can return the Goods by using the courier or postal services with "door to door" delivery, sending the returned goods to the address: (…) Chisinau, Moldova.

8.2.3. Here are the goods of proper quality, which may not be returned or exchanged for similar goods of other sizes, shapes, dimensions, style, color or configuration:
- Lingerie and pajamas
- Silk and lace garments
- Personalized items
- The garments on sale

9.RETURNS OF THE GOODS OF INADEQUATE QUALITY

9.1. A product of inadequate quality is a product that has defects and cannot provide its functional qualities. The difference between the elements of design or decoration from those stated in the description on the website is not a malfunction or a product non-functionality.

9.2. To return the Good of proper quality (including by the reason of its exchange), the Customer agrees to pack the product carefully (together with all accessories and a full set of accessories, specified in the technical documentation of the Good), and to enclose the following documents:
- Letter with reason of return, indicating the defect of the returned Good, including bank details
- Copy of passport (2nd and 3rd pages)
- Sales receipt
and to send the above mentioned documents to the Seller by email and the original of these documents by the method specified in paragraph 8.2.2 of these Terms and Conditions.

10.MONEY RETURN

10.1. If the delivered Order proved to be of inadequate quality due to manufacturing defects or damage in transit, the Customer has the right to return or exchange it for a similar product of good quality, provided that it is available on the warehouse.

10.2. The requirements to refund the money paid for the goods must be satisfied within 15-30 days from the date of a correspondent claim. In case of return of the goods of inadequate quality, there shall be also refunded the cost of expedited delivery and the cost of return shipment if it has been paid by the Customer, Import Duty and Tax are not refundable. The Customer shall provide the original receipt or any other document, fixing the cost of delivery or of a return shipment of the Goods of inadequate quality. The period of remittance of the monetary funds on the Customer’s account depends on terms established by the internal regulations of the corresponding banks.

10.3. In case of arising of a dispute on the fact of use of the goods and preservation of its marketable state, an independent examination of the goods must be conducted.

10.4. In case if the Customer rejects the Goods and returns them via the courier services or by post, the money refund to the Customer will be processed via money transfer to Customer’s credit card or personal bank account no matter how the order was paid:
1) To the credit card used to pay for the Order
2) To the bank account, according to the details specified in the application for return

11.CONFIDENTIALITY AND CUSTOMERS’ PERSONAL DATA PROTECTION

11.1. During registration on the Website or the transfer of your data to our specialist by phone, the Customer provides "MARTELY" with the following information: First name, Last name, e-mail address, gender, date of birth, phone number and address for Goods delivery. In case of return of the Goods, the Customer shall provide the Seller with the passport data and the details of a credit card. The Seller may use this information for execution of its obligations to the Customer. The Seller recognizes the importance of confidentiality of personal information, provided by the Customer.

By providing his personal information to the Seller, the Customer agrees on their processing by the Seller, including for execution of the Seller's obligations to the Customer within the conditions of this offer, for promotion of goods and services by means of sending of advertising information mailings, for realization of electronic and sms-polls, competitions and other promotion actions among the Customers, analysis of the results of marketing actions, customer support, statistical research, organization of the Order delivery, monitoring of Customers’ satisfaction with quality of services provided by the Seller.

People visiting our Website, as well as our Customers, agree that in order to fulfill the obligations to the Client, as well as to undertake the market research, to form the analysis reports and other marketing activities, the Seller can disclose the Client's personal data (including date of birth, e-mail address, social network accounts, purchase history, interests records etc.) to third parties in accordance with the Agreement signed with third parties, under condition of respecting the data protection (privacy) law of the Republic of Moldova.

The processing of personal data means any action, committed with or without the use of automation tools with personal data, including gathering, recording, systematization, accumulation, storage, specification (update, modification), extraction, use, transfer (including transfer to the third parties, not excluding cross-border data transmission, if the need in such transmission has arisen in the course of fulfilling the obligations to the Customer), depersonalization, blocking, deletion and erasure of personal data..

The Seller has the right to process personal data, including by sending to the Customer the correspondence of advertising character to the specified mailing addresses, by means of phone calls or sending sms-messages and messages through the internet messaging systems, and also by sending e-mails of advertising character to the email addresses, specified by the Customers.

The Customer may refuse to receive the newsletters, advertising, and other information without giving any reason by any of the following ways:

The Customer shall contact the Customer Care service by sending an e-mail message to the address or
by contacting the specialists of the Customer Care service by phone +(373) 69 822222

11.2. The Seller must not disclose any information received from the Customer. However, if the information was conveyed to the Seller's agents and the third parties, acting on the basis of an agreement with the Seller, is not considered as a violation, as this may be done in order to fulfill the Seller's obligations to the Customer.

11.3. The Seller has the right to use the «cookies» technology. «Cookies» do not contain confidential information. The visitor of the website or the Customer gives his consent for gathering, analysis and use of cookies, including by the third parties for the purposes of statistics and optimization of the advertising messages.
The Seller receives information about the IP-address of the visitors of Website и https://martely.com. This information is not used for the visitor identification.

11.4. The Seller has the right to record the telephone conversations with the Customer. At that, the Seller undertakes to: prevent unauthorized access to the information obtained in the course of telephone conversations, and/or transfer of such information to the third parties, which are not directly related to the execution of the Orders, in accordance with the Law №241 from the 15th November 2007 "On Electronic Communications".

12.OTHER CONDITIONS

12.1. The relations between the Customer and the Seller are governed by the law of the Republic of Moldova.

12.2. For any questions, please contact the Customer Care service of "MARTELY":
- by telephone: +(373) 69 822222, Monday to Sunday, 10 am – 8 pm
- Or by e-mail: [email protected]

spanWe are MARTELY and we operate these websites, (“MARTELY web-site”). We are a company registered in Republic of Moldova .We are committed to protecting your privacy. We collect, store and use your personal data in accordance with Moldovan Law “Personal data” and other applicable local laws.
This Privacy Policy of personal information (“Privacy Policy”) applies to information that MARTELY web-site, located on the domain names and https://martely.com collects about you while using the website.

DEFINITIONS

Administration of the web-site (“web-site administration”) – authorized staff to manage the website, acting from the name of the organization that organizes and (or) performs the processing of personal data, and defines the objectives of processing personal data, the structure of the personal data to be processing, actions (operations) of personal data.

Personal data – any information relating directly or indirectly to an identified person (personal data subject).

Processing of personal data – any action (operation) or a set of actions (operations) performed with the use of automation equipment or without the use of such personal data, including data collection, recording, systematization, accumulation, storage, clarification (update, change) extraction, using, transfer (distribution, provision of access), depersonalization, blocking, deletion, personal data deleting.

Privacy of personal data – requirement that should be comply by operator or other users that have an access to the personal data of a person and does not prevent their proliferation without the consent of the subject of personal data or the availability of other legal bases.

Online Users of Site (“User”) – a person who has access to the web-site via the Internet and using MARTELY web-site.

Cookies – is a small data file that is placed on your web browser, or your computer or device, when you access and/or use a web site, which stores text that can later be read back by our Web server and third parties.

IP-address – a unique network address of computer network, built on IP.

1.GENERAL

1.1. Using MARTELY web-site means your acceptance of this Privacy Policy and processing of personal data.

1.2. If you do not accept this Privacy Policy, you should stop using MARTELY web site.

1.3. This Privacy Policy applies only to MARTELY web-site. MARTELY web-site is not responsible for third-party sites to which user can go to the links available on the web-site.

1.4. The website administration does not verify the evidence of personal data provided by users of the web-site.

2.SUBJECT

2.1. This Privacy Policy sets out the obligations of the MARTELY web-site Administration of confidentiality and security of personal data protection that user provides to the Site Administration when registering or ordering on the website.

2.2. Personal data that is allowed for processing within this Privacy Policy provides by user by filling out the registration form on MARTELY web-site and include the following information:
- Surname, Name and Middle name of the User
- Phone number
- E-mail
- Delivery address of the goods
- User location

2.3. MARTELYweb-site protects information that is automatically transmitted in the process of advertising viewing units by visiting the pages that are running the statistic system of the script ("pixel"):

- IP address
- Information from the cookies
- Information about the browser (or other program that provides access to view advertising)
- Access time
- Address of the page with advertising unit
- Referrer (the address of the previous page)

2.3.1. Turning off the cookies may cause the inability to website access, where authorization is required.

2.3.2. MARTELY web-site collects statistic about IP-addresses of its visitors. This information is used to identify and solve technical problems, to control the legality of payments.

2.4. Any other personal information undiscussed above (purchase history, used browsers and operating systems, etc.) is subject for storage and non-proliferation, except the cases provided in paragraphs 4.2. and 4.3. of this Privacy Policy.

3.PURPOSE TO COLLECT PERSONAL DATA

3.1. MARTELY web-site Administration can use your personal data to:

3.1.1. Identification of Users, registered on MARTELY web-site to order and (or) to enter into the sale contract by internet sales with MARTELY web-site.

3.1.2. Giving users an access to personalized resources of MARTELY web-site.

3.1.3. Establishing a feedback with users, including the sending of notifications, requests that concerned using MARTELY web-site, services, processing of requests and orders from users.

3.1.4. The location of the User to prevent fraud.

3.1.5. Confirmation of reliability and completeness of the personal data provided by users.

3.1.6. Create a new account to make purchases if the user has agreed to the creation of the account.

3.1.7. Information of the order status for users of MARTELY web-site.

3.1.8. Processing and obtaining payments

3.1.9. Provision of effective customer and technical support in case of problems related to the use of MARTELY web-site.

3.1.10. Providing to user all product updates, special offers, pricing information, newsletters and other information of the MARTELY web-site or the web-site partners.

3.1.11. Implementation of promotional activities with the consent of the User.

3.1.12. Giving users access to the sites or MARTELY web-site partners to produce products, updates and services.

4.METHODS AND TERMS OF PERSONAL DATA PROCESSING

4.1. Personal data of the User is processing without limitation, by any legal means, including information systems of personal data using automation tools or without the use of such funds.

4.2. You agree that the Site Administration has the right to transfer personal data to third parties, such as delivery services, postal organizations, telecommunications operators, solely for the purposes of the order of the User, issued on MARTELY web-site, including the delivery of the goods.

4.3. In case of loss or disclosure of personal data the Site administration informs the user about the loss or disclosure of personal data.

4.4. The Administration takes organizational and technical steps to protect personal information from unauthorized User or accidental access, destruction, modification, blocking, copying, distribution, and other illegal actions of third parties.

4.5. Administration of this site and the User shall take all necessary steps to prevent the losses or other negative consequences caused by the loss or disclosure of personal data of the User.

5.OBLIGATIONS OF THE PARTIES

5.1. User is obliged to:

5.1.1. Provide personal data for MARTELY web-site usage, if necessary.

5.1.2. Update, add the information provided on the personal data in case of a change of this information.

5.2. The Administration is obliged to:

5.2.1. Use this information only for the purposes specified in paragraph 3 of this Privacy Policy.

5.2.2. Provide storage of confidential information, not to disclose, without the prior written consent of the User, and does not sell, exchange, publication, disclosure or any other means possible transmitted personal data of the User, with the exception of paragraph 4.2. of this Privacy Policy.

5.2.3. Take security measures to protect the confidentiality of personal data of the User pursuant to the procedure normally used to protect this kind of information in existing business practices.

5.2.4. To carry out the blocking of personal data relating to the respective user, since the appeal or request the User or his legal representative or authorized body for protection of the rights of subjects of personal data for the inspection period, in case of false personal data or misconduct.

6.RESPONSIBILITY OF THE PARTIES

6.1. Administration of this site, failed to fulfill its obligations, shall be responsible for damages incurred by the User in connection with the misuse of personal data, in accordance with Moldovan law, except as provided in Laws 4.2., 4.3. and 6.2. of this Privacy Policy.

6.2. In case of loss or disclosure of confidential information, site administration is not responsible, if this information is confidential:

6.2.1. Became the public domain prior to its loss or disclosure.

6.2.2. Was obtained from a third party prior to its receipt by the Administration site

6.2.3. Was disclosed with the consent of the User.

7.DISPUTE RESOLUTION

7.1. Before applying to the court for disputes arising from the relationship between the users of the website online store and the Administration site, it is mandatory to show the claim (written proposal for voluntary settlement of the dispute).

7.2. The recipient of the claim within 30 calendar days from the date of receipt of the claim, notify of the in writing of the outcome.

7.3. When you do not have an agreement of the dispute, it shall be referred to the judicial authority in accordance with applicable legislation of the Republic of Moldova.

7.4. By this Privacy Policy and the relationship between the User and Site Administration apply the current legislation of the Republic of Moldova.

8.ADDITIONAL TERMS

8.1. Site Administration has the right to make changes to this Privacy Policy without agreement with User.

8.2. New Privacy Policy becomes effective on the date of posting it on MARTELY web-site, unless other provided by the new version of the Privacy Policy.

8.3. Any suggestions or questions regarding this Privacy Policy should be reported to the contact e-mail MARTELY: [email protected]

TERMS AND CONDITIONS OF THE ONLINE STORE «MARTELY»

All payments are processed in American dollars, VAT free.
We accept the following payment methods:
1. Via the Customer's PayPal account:
- once the order has been checked-out you need to chose PayPal button
- you will be transferred to PayPal payment page automatically
- after entering the required details and confirm the payment you will receive information on the payment order status and next steps
- if you already have a PayPal account, after logging in, you just need to confirm payment details

2. By cash or credit card to courier upon the delivery (acceptable for Moldova). We accept Visa and MasterCard.

3. By transferring a payment on MARTELY bank account. Please contact our Customer Care service: +(373) 69 822222.

TERMS AND CONDITIONS OF THE ONLINE STORE «MARTELY»

All payments are processed in American dollars, VAT free.
We accept the following payment methods:
1. Via the Customer's PayPal account:
- once the order has been checked-out you need to chose PayPal button
- you will be transferred to PayPal payment page automatically
- after entering the required details and confirm the payment you will receive information on the payment order status and next steps
- if you already have a PayPal account, after logging in, you just need to confirm payment details

2. By cash or credit card to courier upon the delivery (acceptable for Moldova). We accept Visa and MasterCard.

3. By transferring a payment on MARTELY bank account. Please contact our Customer Care service: +(373) 69 822222.

TERMS AND CONDITIONS OF THE ONLINE STORE «MARTELY»

All payments are processed in American dollars, VAT free.
We accept the following payment methods:
1. Via the Customer's PayPal account:
- once the order has been checked-out you need to chose PayPal button
- you will be transferred to PayPal payment page automatically
- after entering the required details and confirm the payment you will receive information on the payment order status and next steps
- if you already have a PayPal account, after logging in, you just need to confirm payment details

2. By cash or credit card to courier upon the delivery (acceptable for Moldova). We accept Visa and MasterCard.

3. By transferring a payment on MARTELY bank account. Please contact our Customer Care service: +(373) 69 822222.

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