Terms and conditions
TERMS AND CONDITIONS OF THE ONLINE-STORE
Terms and Conditions are the below rules of the electronic services in the area of en.coricamo.com Internet domain, which define the terms of Services by the Seller through the website www.coricamo.com to the Customers.
Customer is an entity that concludes a Service Agreement with the Seller, provided that he or she has full legal capacity or limited legal capacity in cases governed by generally applicable law or by being a legal person or an organisation. Customer is also a natural person and concludes an Agreement not directly related to his or her business or profession.
Seller is Dariusz Branny, conducting business activity under the business name MEGAT Dariusz Branny, ul. Grabowa 3, 43-440 Goleszów, Poland, registered in Polish CEIDG under the number NIP 5481281095 and REGON 070741874, who is the service provider, administrator and owner of the Store and registered in the GIODO register under the number 004039/99.
Store is an online shop run by the Seller in English through the website available on the Internet at URL: www.en.coricamo.com. The shop provides Services to Customers, including Sales.
Service is a service provided by the Seller to the Customer, under the Agreement concluded between the parties through the Store, within the framework of a structured system of distance contracts without the physical presence of the parties.
Shopping Cart is the functionality of the Shop, which allows to complete the ordering of Products by the Customer. Adding a Product to the list of Products is made by using the "Add to Cart" button located next to the Product within the online-store area.
Sale is provided by the Seller to the Customer without the presence of the parties (at a distance), by the transmission of data at the individual request of the Customer, transmitted and received by means of electronic processing equipment, including digital compression and storage of data which is received or transmitted through the telecommunications network.
Contract is a Sales Agreement for the Seller to provide services to the Customer.
Seller's Contact Data are data of the Seller, using which the Customer may contact him: MEGAT Dariusz Branny, ul. Grabowa 3, 43-440 Goleszow, Poland, e-mail: email@example.com, tel. (+ 48) 664 084 585.
Customer's Contact Data are Customer's Data that the Seller may contact the Customer, including his or her address, e-mail address and telephone number.
Customer's Account is the customer's order management panel, available in the Store area, subject to registration and login.
Registration is the creation of a Customer's Account by using the Store registration form located on the website.
Product is an item presented in the Store by the Seller for Sale.
Delivery is the arrival of the Products to the Customer via the Carrier at the destination chosen by him or her.
Carrier is an entity delivering the Products in cooperation with the Seller.
External Payment System is the online payment system used by the Seller.
Workdays are Monday to Friday, excluding public holidays.
§1 General contract conditions
The Seller, providing services by electronic means according to consumer rights, establishes these Terms and Conditions.
The Seller provides Services in accordance with the Terms and Conditions of the applicable law.
The Seller shall make available these Terms and Conditions on the Store website.
Customers can access the Terms and Conditions at any time, obtain them by printing or saving on the data carrier.
The information provided on the website of the Store does not constitute the offer of the Seller within the meaning of the Civil Code, but they are only the invitation of Customers to submit bids for the conclusion of the Agreement.
All Services are provided through the Store's website 24 hours a day and 7 days a week.
In order to use the Store, Internet access is necessary, a properly configured Internet browser, current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and properly configured e-mail account.
Using the Store is by reading the content of the website.
Customer's order management takes place via the Customer's Account. Using a Customer's Account is possible after it has been created by using the correct login and password. In order to use a Customer's Account, you must be logged on with a password.
The Customer's Account is created through voluntary Registration by completing and sending the Registration Form available on the Store's website.
Filling in the registration form is to complete all mandatory and optional fields of the form, using real, complete Customer data, in particular Customer's Contact Data.
Before sending the registration form, by marking the appropriate field, the Customer should declare that he or she has read the Terms and Conditions and the right to withdraw from the contract.
The consent described above may be withdrawn at any time and the Customer has the right to access, correct or delete his or her personal data.
Submission of the registration form is sending it to the Seller through the Store, using the proper functionality, located in the area of the registration form.
The Consumer can report technical problems related to the functioning of the online store and problems with the Customer's Account via e-mail: firstname.lastname@example.org.
§3 Providing free services
The Seller shall provide to the Customer free of charge Services:
making available contact form,
making available Chat with the Seller,
making available the order form,
making available the help center,
search engine access,
making available the YouTube window
making available comments,
subscribe posts on he blog,
product availability notice
keeping a Customer's Account,
The Service of the contact form is provided for a specified period of time from when the contact form is used and abandoned by the Customer. The subject of this Agreement is the availability of the contact form located on the Store website to send a message to the Seller.
The Service of the Chat with the Seller is provided for a specified period of time when the chat is is used and abandoned by the Customer. The subject of this Agreement is the availability of a chat, in order to send a message to the Seller. When the chat is active ("Online"), the Customer may contact the Seller in real time.
The Service of the order form is provided for a specified time when the order is placed or abandoned by the Customer. The subject of this Agreement is to make the order form available on the Store website to send the order to the Seller.
The Service of the Help Center is provided for a specified period of time when the Help Center is used and abandoned by the Customer. The subject of this Agreement is to provide a help window where Customer can search for answers to the selected question. In addition, the Customer has the option of sending a record of the contents of the help center window to the e-mail address indicated by him, and also sending a request to contact the Seller.
The Service of the search engine is provided for a specified period of time when the search box is used and abandoned by the Customer. The subject of this Agreement is to provide a search box that allows to perform a search on the Store resources using keywords. In addition, the Customer can search for products through the category and the so-called. "Tags".
The Service of sharing YouTube window is provided for a specified period of time when the YouTube window is used and abandoned by the Customer. The subject of this Agreement is to provide a YouTube window to view the resources of the www.youtube.com in the Store.
The Service of the comment form is provided for a specified period of time when the comment form is used and abandoned by the Customer. The subject of this Agreement is the provision of a comment form in the Store area for the purpose of making comments. The contract prohibits the posting of unlawful content violating good manners, disrupting the Seller's interests or violating Terms and Conditions and takes into account the Seller's right to moderate the comments when they violate Terms and Conditions.
The Service of blog subscribtion is provided for an unspecified time when you use the "Subscribe" button found in the blog comments area. The subject of this Agreement is to provide a "Subscribe" button, in order to subscribe to receive updates of the selected entry.
The Service of Product availability notification is provided for an unspecified period of time when you use the "Notify me of availability" button. The subject of this Agreement is to provide a "Notify me of availability" button, located in the product area not available and not currently subject to the order. As part of the Service, the Seller will send to Customer, at the e-mail address indicated by the Customer, information when the Product will be available again at the Store and may be ordered by the Customer.
The Service of Customer's Account is provided for an indefinite period of time at the time of Customer's Account Registration. The subject of this Agreement is to make available to the Customer's Management panel, which enables the use of the Services provided in §4 of the Regulations.
The Service of The Newsletter is provided for an unspecified period of time upon when the Customer receives an email confirming the Service Agreement by the Customer. The order of the Service is made by the Customer using the appropriate activation field of the Newsletter in the registration form or in another form made available by the Seller on the Store website. The subject of this Agreement is to send by the Seller to the Customer via e-mail address messages containing information about the Products or Services provided by the Seller. This Agreement is terminated when the subscriber unsubscribes by using the deactivation link in the Newsletter area.
The agreement of any free of charge Services may be terminated by the Customer or the Seller without giving any reason and at any time, using the functionalities of the store or via e-mail provided in the Seller's Contact Data or Customer Contact Data.
§4 Online pattern sharing Service
The Seller provides a paid online graphic pattern Service.
The object of this Agreement is to provide the Customer with a graphic pattern, which is a visualization of the selected embroidery, together with the indication of the recommended materials.
To use the Service, the Customer must have a registered Customer's Account and login.
The Order of the Service shall be made in the manner provided in §5 of the Terms and Conditions, excluding point 3. Regulations of §5 concerning the Products shall apply accordingly.
After making and posting the payment, the ordered online pattern will be available for download from „My account” - „My downloads”.
Product orders can be submitted through the Store's website 7 days a week and 24 hours a day using the Shopping Cart. After completing the ordering list of Products, in the area of the Shopping Cart, the Customer goes to fulfill the order.
If the Customer is a Customer's Account holder, he or she goes to the next stage of ordering as a logged in Customer.
If the Customer is not a Customer's Account holder, he or she chooses the method of placing the order by using the button:
"Login" using your existing Customer's Account. Then the Customer goes to the next stage of placing the order.
"One-time purchase", without the use of a Customer's Account. Then the Customer goes to the next stage of placing the order.
"Register", using a Customer's Account that will be registered. At this point, the Customer will register the Customer's Account and use it to proceed to the next stage of placing the order.
After selecting the method of placing the order, the Customer shall state:
delivery information, including delivery address,
billing information for invoicing,
delivery method, by selecting the appropriate Delivery option,
payment method, by choosing the right payment option.
Placing an order is preceded by displaying in the Cart area information about the total price for the order plus taxes and related costs, in particular the costs of delivery and payment.
Placing an order may take place by using the "Confirm purchase - Ordering is subject to payment" box in the Cart and it is equivalent to placing the offer of the Contract for the Sale of Products included in the order.
Before submitting the order form, by ticking the appropriate field, the Customer should declare that he or she has read the Terms and Conditions and accepts them.
The order may be changed by the Customer until the Seller has received the information about sending the order.
Changes in the order may include cancellation, partial cancellation, extension of additional Products, change of delivery address.
The Seller shall immediately inform the Customer of the impossibility of fulfilling the order, in case of any circumstance causing it. This information is provided by telephone or electronically using the Customer's Contact Data. The information may include the following ways of modifying the order:
cancellation of the part which is impossible to realize, resulting in conversion of the order value,
the distribution of the Products to be delivered on the part of which the Delivery is possible and the part to be provided at a later date which does not result in the conversion of the order value,
canceling the order as a whole, resulting in the cancellation of the order value.
Confirmation of acceptance of the order is made by sending the e-mail message to the e-mail address indicated in the Customer's Contact Data. Confirmation of acceptance of the order is equivalent to acceptaning the Customer's offer by the Seller.
The Seller shall provide the Customer with a Product Sales Service at a distance, through the Store.
The subject matter of the Sales Agreement covers the Seller's obligation to transfer property of the Products to the Customer and deliver them, and the Customer's obligation to collect the Products and pay the Seller the price of the Products.
The Seller reserves the right to conduct promotional campaigns by lowering the price of the Products to a specified date or until running out of stock of the Products under promotion.
When entering into the Sales Agreement, the Seller is obliged to provide the Customer with Products without defects.
The Sales Agreement is concluded upon when the Seller recieves Customer's order.
Release of Products shall be made immediately and normally takes place within 3-7 working days.
Delivery time of the Product may be changed in the case of changing the order by the Customer.
Product release takes place:
in the case of the Customer choosing the Delivery option, via the Carrier, to the address given by the Customer,
in the case of picking up the goods in person from the Carrier, at the Carrier's premises.
The Product is delivered no earlier than after making the payment by the Customer.
The Seller confirms the release of the Products to the Carrier for Delivery, to the address provided by the Customer during the order submission, by sending an email to the Customer's e-mail address.
The risk of accidental loss or damage to the Customer is passed on to the Consumer at the time of delivery to the Consumer.
Delivered goods should be examined by the Customer in the presence of the Carrier. In case of damage, the Customer has the right to require from the Carrier to prepare a proper damage report.
The value of the payment for the Sale is determined on the basis of the price list of Products, which is on the Seller's website at the time of ordering the Product. The prices quoted on the Store website at the given Product are the gross prices given in Euro and include the value of Polish tax VAT, but do not include the delivery costs of the Product and the chosen form of payment.
The costs of the transaction and Delivery of the Product are paid by the Customer.
The total price of the order displayed in the Cart before ordering and after selecting the method of Delivery and Payment includes the price for the Products ordered together with tax claims and any additional costs, in particular Delivery and transactions. The total price of the order is binding for the Seller and the Customer.
The Store offers the following payment methods for the provided Sales Service:
transfer to the bank account of the Store,
transfer using the External Payment System - e.g. PayU or PayPal,
cash on delivery for pickup from Carrier.
Payment for the online graphic pattern Service is available through a bank transfer to a bank accont or using e.g. PayU or PayPal.
The order processing time starts from the moment the payment is received.
The ultimate time of payment is before receiving the Product.
The simplified bill or VAT invoice attached to the Products are included in the package or sent to the Customer by e-mail, depending on the Customer's wishes.
The Customer agrees to receive invoices in electronic form.
Return of the payment is made immediatelyby the Seller, not later than within 14 days from the date of occurrence of the reason, in case of:
withdrawal from the Contract by the Customer,
the Customer's resignation from the order or part of the order paid before execution,
the Seller acknowledges the claim covered by the complaint in whole or in part, on the basis of generally applicable regulations.
Return of the payment is made using the same method of payment as used by the Customer in the original transaction, unless he or she agrees to another option that is not related to any additional cost.
The Seller is not obliged to reimburse the additional costs incurred by the Customer if the Customer chooses to provide the Product other than the cheapest ordinary delivery method offered by the Seller.
Complaints may be submitted by letter or e-mail to the postal or electronic address indicated in the Seller's Contact Data.
Complaints may be submitted using the form which is annexed to the Terms and Conditions.
A complaint should include a description of the problem and Customer's Contact Data.
The Seller shall handle complaints within 14 days from the date of filing. In the content of the complaint, it is recommended to provide the Customer Contact Data that will be used to answer the complaint and conduct correspondence related to it.
In the case of a complaint concerning a Product, in order to handle the complaint by the Seller, the Customer shall deliver or send the Product to the Seller's address.
Complaints may be made under warranty for defects in Products included in the Sales Agreement and other Services.
If the Product has a defect, the Customer may demand replacement of the Product for another one without any defects or defect removal. The Seller is obliged to replace the defective Product or to remove the defect within a reasonable time without any inconvenience to the Customer.
The Seller may refuse to fulfill Customer's request if it is impossible for the Seller to fix the defect in the manner chosen by the Customer, or if it would require excessive cost compared to the other possible way to comply with the Contract.
If the Client is not a Consumer, The Seller may refuse to exchange the Product for free of defects or to remove the defect, if the cost of it is higher than the price of the Product sold.
If the Product has a defect, the Customer may make a statement of price reduction or withdrawal from the Contract unless the Seller expressly and without unreasonable disadvantage to the Customer will replace the defective Product or defect will be removed. This restriction does not apply if the Product has already been replaced or repaired by the Seller or the Seller has failed to fulfill the obligation to exchange the Product for free of defects or remove the defect. The Customer can not withdraw from the Agreement if the defect is irrelevant.
The Customer may, instead of the proposed by the Seller defect removal, demand an exchange of the Product for free of defects or demand to remove the defect unless it is impossible to bring the Product to the compliance with the Contract in a manner chosen by the Customer or it requires an excessive cost compared to the method proposed by the Seller. The eccesivity of the cost is valued taking into account he value of the defect-free product, the nature and significance of the stated defect, and the inconvenience that the Customer would otherwise be exposed to.
The reduced price set forth in point 10 and 11 above shall remain in such proportion to the price stated in the Agreement in which the value of the defective Product remains in the Product without defect.
The Consumer has the opportunity to use the following non-judicial means of dealing with claims and redress:
filing a request for settlement of a dispute arising from the concluded Sales Agreement to a Consumer court acting by the Trade Chamber,
filing a request for mediation on the amicable settlement of the dispute between the Customer and the Seller to the Inspector of Trade Chamber,
use the help of the local or city Consumer's Protection Commissioner or social organization, whose statutory tasks include consumer protection,
make a complaint through the European ODR web platform, available at http://ec.europa.eu/consumers/odr/.
§9 Withdrawal form the Contract
The Customer may, without giving any reason, withdraw from the Contract within 30 days, including the Sales Agreement, subject to the standards set in the „Notice to the withdrawal from the Contract”, which is an annex to the Terms and Conditions.
The right to withdraw from the Agreement does not appy to the Customer in relation to the Contract:
if the Seller has performed the full Service with the explicit consent of the Customer, who has been informed prior to the commencement of the Service that, upon fulfillment of the Seller's performance, he or she will lose the right to withdraw from the Contract,
of the Sales of Products, which, by their nature, are inseparably linked to other things,
providing digital content that is not recorded on a material medium, if the performance of the Service has started with the explicit consent of the Customer before the expiration of the time limit for withdrawing from the Contract and after informing the Seller of the loss of the right to withdraw.
The Customer may withdraw from the Contract by submitting a statement of withdrawal to the Seller. The statement may be submitted on the form, which is attached to the Terms and Conditions.
If the the withdrawal from the Contract is sent by electronic means by the Customer, the Seller will promptly send the Customer confirmation of receiving the form.
Immediately, however, not later than within 14 days of the date on which the Customer has withdrawn the Contract, he or she is obliged to return the Product to the Seller or transfer it to a person authorized by the Seller. To keep the deadline, it is enough to return the Product before the final date. This regulation does not apply if the Seller has offered to collect the Product from the Customer.
The Seller agrees to collect the Product at his own expense if, owing to its nature, it is not possible to return the Product in the usual way by mail and, at the same time ,the Product has been delivered to the Customer to the place where he resides at the time of the conclusion of the Sales Agreement.
The Customer is responsible for reducing the value of the Product resulting from its improper use beyond what is necessary to establish its nature, features and functionality of the Product.
In case of withdrawal from the Contract, the Contract is considered as never concluded. if the Customer has made a declaration of withdrawal before the Seller has accepted his offer, the offer is no longer actual.
The Seller will return the payment using the same method of payment as used by the Customer, unless the Customer explicitly agrees to another payment method which does not involve additional costs.
In case of necessity to return the funds for the transaction made by the Customer with a payment card the Seller will make a return to the bank account assigned to the payment card of the Customer.
Information about the right of withdrawal may be found in the „Notice of the withdrawal from the Contract” which is an annex to the Terms and Conditions.
§10 Suplementary provisions
All trademarks, graphic elements and images posted on the Store's website for the purpose of displaying the Products are the subject of copyright of their owners.
The Internet domain of the Store, logos, the name and the Terms and Conditions are the property protected by the copyright and the subject matter of the legal protection.
The Customer acknowledges that it is forbidden to provide unlawful content.
The Seller is obliged to make good efforts to enable the proper functioning of the Store and to assist in solving technical problems related to its operation.
The Seller undertakes to conduct actions aimed at protecting the data contained in the Customer's Account from unauthorized access and use.
The Seller is not responsible for:
interruptions in the proper functioning of the Store and inadequate performance of the Services, caused by force majeure, in relation to people not being our Customers,
interruptions in the proper functioning of the Store and inadequate performance of the Services for people not being our Customers due to technical or cause-of-service reasons or due to the reasons caused by the entities through which the Store provides the Services,
benefits lost by non-Customer,
damages caused by the violation of the Terms and Conditions by the Customer.
§11 Final provisions
The Seller may collect information for storage locally on Customer's device, using the browser's memory mechanism called "cookies".
Personal data of users of the Store are processed on the basis of the consent of the persons concerned or if it is necessary for the performance of the Contract, when the person whom the data concern is the side of the Contract, or if it is necessary to take action before the conclusion of the Contract at the request of the person whom the data concern.
Personal data is collected for the provision of the Services by the Store. The persons, whose data is collected by the Store, are entitled to access, correct, and submit a written request for discontinuance of their processing, as well as an objection to processing of the data.
By concluding the Service Agreement, the Customer voluntarily authorizes the Seller to direct to the Customer's Contact Data the information about the Contracts and their status, as well as commercial information, if such consent is given.
Non-Customer is obliged to inform the Seller about the changes to the Customer Contact Data, under a threat of unsuccessful delivery.
Changes to the Terms and Conditions may be made due to a change in the law concerning the benefits provided by the Seller, as well as technical or organizational changes related to the Services performed by the Seller.
Changes to the Terms and Conditions are made by publishing the new content on the Store website, with prior notice. Information about the amendment of the Terms and Conditions are placed within the area of the Store's website no later than 10 days before the date of its commencement and sent to the Customer, in case the parties are bound by the Contract of a continuous nature.
Amendment of the Terms and Conditions does not apply to Sales Agreements concluded before the date of its change.
The provisions of the Terms and Conditions are not intended to exclude or limit the rights of the Customer, resulting from the provisions of generally applicable law.
In case of non-compliance of the Terms and Conditions with the provisions of the common law, these common law provisions shall apply.
In matters not regulated by the Terms and Conditions, the provisions of the common law apply.
The Terms and Conditions come into force within 10 days of its publication on the Store website.
INFORMATION CONCERNING THE RIGHT TO WITHDRAW FROM THE CONTRACT
NOTICE OF THE WITHDRAWAL FROM THE CONTRACT
Customers have the right to withdraw from the Contract within 30 days without giving any reason, excluding the cases indicated in the "Exclusion of the right to withdraw from the contract" section. The withdrawal period expires 30 days after the day:
in which you have taken in possession of a property or where a third party other than the carrier and indicated by you have taken in the possession of the item - in the case of a contract obliging you to transfer the property of the item (e.g. a contract of sale, a delivery contract or a contract for a movable work),
in which you have taken in possession of the last item or in which a third party other than the carrier and indicated by you have taken in possession of last item - in the case of a contract obliging you to transfer the property of a number of items that are delivered separately,
in which you have taken in possession of the last batch of items or their part, or where a third party other than the carrier and indicated by you have taken in possession of last item - in the case of an agreement obliging you to transfer the property the goods delivered in batches or in parts,
in which you have taken in possession of the first item or in which a third party other than the carrier and indicated by you have taken in possession the first of all - in the case of contracts for the regular delivery of goods for a fixed period of time.
In order to maintain the withdrawal deadline, it is enough to send information on the exercise of your right of withdrawal befoer the expiration of the withdrawal period.
To exercise your right of withdrawal, please inform us: MEGAT Dariusz Branny, ul. Grabowa 3, 43-440 Goleszów, Poland, email@example.com, tel. (+ 48) 664 084 585 about your decision to withdraw from the contract by making a clear statement (for example, in a letter sent by post or e-mail).
You can use the „Withdrawal from the contract” form, but this is not mandatory.
EFFECTS OF THE WITHDRAWAL FROM THE CONTRACT
In the case of withdrawal from the contract, we will refund all payments received from you, including the cost of delivery of the item (except for additional costs resulting from your choice of delivery other than the cheapest delivery method offered by us), immediately but no later than 14 days from the date we were informed of your decision to withdraw from the contract. We will return the payment using the same payment methods you used in your original transaction, unless you have explicitly agreed otherwise. In any case you will not have any additional costs in connection with this refund. We may withhold payment return until the item is received or until we receive a proof of return, depending on which event occurres earlier.
If you have received the item in connection with the contract, please return it to MEGAT Dariusz Branny, ul. Grabowa 3, 43-440 Goleszow, Poland, immediately, and not later than 30 days from the date on which you informed us of the withdrawal of the contract. The deadline is retained if you send the item before the 30-day period.
We inform you that you will have to bear the direct cost of returning the item. If, because of the nature of the item, it can not normally be returned by post, you will have to bear the direct costs of returning the goods.
You only answer for the reduction of the value of the things resulting from the use of it in a way other than necessary to establish the character, characteristics and functioning of the thing.
EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE CONTRACT
The right to withdraw from the contract concluded away from business premises or at distance does not apply to the Customer in relation to contracts of:
provision of services, if the trader has performed the full service with the explicit consent of the Customer, who has been informed prior to the commencement of the service that, upon fulfillment of the service, the trader loses the right to withdraw from the contract;
in which the price or salary depends on fluctuations in the financial market over which the trader does not have control and which may occur before the expiration of the withdrawal period;
in which the object of the provision is a non-prefabricated item, produced according to the specifications of the Customer or serving to satisfy his individual needs;
in which the subject matter of the provision is an item which is rapidly deteriorating or has a short shelf-life;
in which the object of the provision is provided in a sealed package which, after opening the package, can not be returned because of health or hygiene reasons, if the packaging has been opened after delivery;
in which the object of the provision are things which, once delivered, by their nature, are inseparably linked to other things;
in which the Customer explicitly requested the trader to come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the Customer or supplies things other than spare parts necessary for repair or maintenance, the Customer has the right to withdraw from the contract for additional services or items;
in which the object of the provision are audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
delivery of journals, periodicals or magazines, except for subscriptions;
concluded by public auction;
the provision of accommodation services other than for residential purposes, carriage of goods, car hire, catering, leisure services, entertainment, sporting or cultural events, if the contract indicates the day or period of service;
the provision of digital content that is not recorded on a material medium, if the performance of the service has started with the explicit consent of the Customer before the date of the withdrawal from the contract and after informing the trader of the loss of the right to withdraw from the contract.