1. Introduction and effectiveness of the General Conditions

These general conditions of sale have as their object the discipline of the purchase of products and services, carried out remotely and made available, through the internet, from the website www.farmahope.it in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code"). The seller of the products and owner of the Site is the Farmacia San Francesco s.a.s. of Dr. Anna Maglione registered in the register number 6744, profession holder: Degree in Pharmacy issued in Italy, for viewing the Deontological Code -- Click here --, VAT number/Tax Code 09388131212, address Via Attilio Micheluzzi 62/72 – 80144 Naples, regularly authorized by the Ministry of Health for the online retail sale also of drugs without prescription SOP and OTC with Unique Code 18811.

These conditions of sale may be modified or updated at any time by Farmacia San Francesco s.a.s. Della Dr. Anna Maglione and the buyer undertakes to read them before placing any order.

The reference legislation for distance contracts is present in section II of Legislative Decree no. 206 of 6 September 2005.

The contract will be concluded through access by the user/buyer to the website www.farmahope.it. Here, following the specified procedure, you will formulate the proposal for the purchase of the products.

The contract is concluded at the time of acceptance of the order by Farmacia San Francesco s.a.s. Della Dr. Anna Maglione and the buyer will be notified by email of the acceptance of the same.

By submitting the order, the user implicitly declares to have read all the indications present during the purchase procedure and to accept the general conditions contained in this page. In case of non-acceptance of the order, Farmacia San Francesco s.a.s. Della Dr. Anna Maglione undertakes to communicate it in a timely manner to the buyer.

The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Terms and Conditions that have been made available to him on the Site and that will be available to the Customer at any time.

2. Choose and order the Products

The characteristics and price of the various products sold on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.

For the purchase of the Retail Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart", then must enter the shipping data and any billing, then must select the desired payment method and confirm the order only after having read the General Terms and Conditions and the Privacy Policy and confirmed their acceptance.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to accept in full these General Terms and Conditions and payment transcribed.

The contract stipulated between FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) and the Customer must be concluded with the acceptance of the order by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione). This acceptance is communicated to the Customer through an email confirming the order, the order number, the shipping and billing data, the list of the Products ordered with their essential characteristics and the total price, including any delivery costs. The Customer will check the confirmation email and if he finds errors in the order he will have 3 hours from the receipt of such email to contact Customer Service directly from the Site using the appropriate contact form accessible through "Customer Service" by clicking on "Contact us" or by writing an email to customerservice@farmahope.it. After this period the order will be processed for shipment and no changes will be accepted, without prejudice to the rights of the Customer referred to in article 7 below.

Once the order is received, FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) will check the availability of stocks for the fulfillment of the order. In the event that one or more Products are not available, the FarmaHope Customer Service (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) will send timely email communication to the Customer who, within the next 12 hours, will have the right to respond to confirm the shipment of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) will process the order with the Products available. In both cases, the amount relating to the missing Products will be reversed depending on the chosen payment method.

3. Product Information

The information and characteristics relating to the Products are available, with the relevant Product codes (Minsan Code – EAN Code), on the Site.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the ministerial code on the product sheet and the one on the box of the sent product is always authentic, since the manufacturers of the products continuously update the appearance of the packages.

4. Coupon Codes - Promotions - Gifts

FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) can insert into the packages, send by email or through partner sites discount vouchers that can be used by the date indicated on the voucher itself.

The discount voucher must be entered on the cart page in the "Do you have a promotional code?" box and activated using the "Add" button. The system will update the total amount of the order net of the value of the voucher.

The use of the coupon is governed by the following conditions of use:

• - Discount vouchers cannot be combined with other commercial initiatives;
• - Coupons have a default value or be in the form of a discount percentage;
• - They have an expiration date that is indicated on the coupon itself;
• - The coupon does not entitle to rest, will not be refunded, in whole or in part and must be used by the expiration date. The voucher cannot be resold;
• - The coupon can only be used for the purchase of products online;
• - For fixed-amount coupon codes it has the nominal value indicated if the latter is not sufficient to cover the amount of the order, the buyer can provide it using the forms of payment provided by the Site.

5. Prices and shipping

The prices of the products are inclusive of all taxes and duties. All prices are expressed in Euros.

• - Shipments in Italy: Throughout Italy with the exception of mountain and/or hard-to-reach locations the shipment is free (minimum order 59,00 €).
• - Shipments Abroad: Shipments abroad are always charged. For rates, see the Delivery and Shipping page.

6. Payment and billing methods

6.1 Payment methods

The Customer may make the payment of the price of the Products and the related delivery costs by credit card, PayPal, Cash on Delivery or Bank Transfer:

Credit Card

Payment for Products purchased on the Site can be made by credit card directly through the Site. FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) accepts credit cards from VISA, MasterCard, Maestro circuits. The credit cards accepted are, in any case, indicated in the footer of each page of the Site. The charge of the Total Amount Due by the user to FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) is made at the time of transmission of the order.

In order to guarantee the security of the payments made on the Site and prevent any fraud, FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) reserves the right to ask the user, by email, to send, by the same means, a front/back copy of their identity card and in the event that the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The request email will specify the deadline within which the document must be sent to FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione). This period will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the required documents within the indicated period.

In the event that FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) does not receive these documents within the term specified in the request email or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the order consequently canceled, without prejudice to the right of FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) to compensation for any damage that it may incur due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by email, within and no later than 5 working days from the expiry of the deadline for sending the documents requested by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione), will result in the cancellation of the order with consequent reimbursement of the Total Amount Due, if paid, by re-crediting on the same means of payment used. In the event of timely receipt by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) of the required valid documentation, the delivery terms applicable to the order will start from the date of receipt of such documentation.

FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) uses the secure payment service of the company PayPal (Europe) S.à r.l. et Cie, S.C.A. is a credit institution (a bank) authorized and supervised by the financial services supervisor of Luxembourg, the Commission de Surveillance du Secteur Financier (CSSF). Registered office of CSSF: 283, route d 'Arlon, L-1150 Luxembourg, which provides for the use of the SSL security protocol. The confidential data of the credit card (card number, holder expiration date, security code) are encrypted and thus transmitted to the payment manager. FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products, the transaction will take place on servers owned by PayPal and can be finalized by the customer through debit to their PayPal account or through a transaction made by credit card, filling in the fields of the appropriate form on the payment screen. Any discrepancies relating to the verification of the aforementioned transaction will not be attributable to FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) is available to provide the necessary assistance to resolve the discrepancy.

PayPal

PayPal, an eBay group company, is a fast and secure payment system. Once you select this payment method and then click on "Pay now" a window will open where you can choose between two options:

- Make the payment with your personal PayPal account

or

- Pay with any credit/prepaid card (Visa, Visa Electron, PostePay, PayPal Card, MasterCard).

The system communicates directly with PayPal in total security so FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) never becomes aware of the data relating to your payment method. The amount will be charged directly to the credit card (Visa, Visa Electron, PostePay, MasterCard) or prepaid (PostePay) that you have chosen or associated with your PayPal account. With each transaction you will receive a confirmation email from PayPal. The amount of the order will be charged to your PayPal account when you purchase the order. In case of cancellation the amount will be refunded to your PayPal account or your credit/prepaid card.

If you have an American Express or Discover card, you can only pay from PayPal.com.

• - Select PayPal or Credit Card as the payment method and when the window opens click on the "Pay with PayPal" button;
• - Once on the PayPal site select “Don't have a PayPal account?” and enter your American Express or Discover card details.

Payment by PayPal or Credit Card speeds up the shipping time of the order, because the transaction is verified instantly and your order goes through processing immediately.

Cash on delivery

With the Cash on Delivery mode you can pay in cash the exact amount of the order directly to the Courier at the time of delivery. There will be an extra charge of €5.99 at the cost of shipping, indicated in the order summary, a cost that holds back the rush to handle the money. To facilitate the delivery procedures of the products, make sure that you have the exact amount available by verifying it in the order summary email, since the couriers are not obliged to have the necessary cash to provide the rest.

Payment by Bank Transfer

If you choose the Bank Transfer as the payment method, you must make the Bank Transfer at the time of order. The bank details to make the payment you will receive them in the order confirmation email, if you have not received the verification email in the spam box or contact customer service to check if the email address entered is correct. The products will be sent to you only upon credit.

FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) does not accept CRO and payment slips to guarantee the Transfer made. Your order will remain in the "On Hold" status until the FarmaHope systems (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) notify the bank transfer accountant. Payment by bank transfer does not ensure the same speed as other payment methods: the shipment of products slips 24 working hours for national transfers and 3 to 6 working days for international transfers.

It is mandatory to enter Name, Surname and Order Number in the reason for the Transfer, for example: Mario Rossi order GKCFVKKEP. Any omissions will result in delays in the fulfillment of the order.

6.2 Invoicing of Orders

At the time of placing the order on the "order" page you will have the option to choose between two options.

By selecting "Addresses" you can choose between "Private" and "Company".

The Private entering your tax code the data of your purchases will be sent electronically to the Revenue Agency. Then you authorize us to transmit to the "T.S. System" the data for the deduction of health expenses (only in case of purchase of SOP-OTC Drugs, Medical-surgical and homeopathic devices) for the purpose of preparing your tax return. It is mandatory that the Tax Code is entered (Article 10, Deductible charges, Text in force from 1January 2014).

If the purchase is made by a professional/company it will be possible to request the issuance of the invoice during the order process in the "Shipping Methods" section by filling in the comment on your order and entering the billing data including tax code, VAT number, company, SDI code and PEC E-mail. In this case, the invoice will be sent by email to the address indicated. The professional/company is responsible for the correct entry of billing data and is expressly informed that, in case of failure to request the invoice during the ordering phase, it will not be possible to request it later.

7. Transport and delivery

Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate "Address" field.

All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) is not responsible for delays not foreseeable or not attributable to it.

Once the Products are shipped, the Customer will receive a confirmation email in which a link will be included to refer to for tracking the shipment.

In any case, except in cases of force majeure or fortuitous event, the Products ordered will be delivered within a period of 24-72 working hours from the day on which the Customer has received a specific order confirmation email.

Countries where the service is active: See table with times and costs on the Delivery and Shipping page.

Delivery services active in Italy:

BRT Corriere Espresso

The service provides a first delivery attempt at the address indicated at the time of order. A link to shipping tracking will be provided. If the attempt is unsuccessful, a communication will be sent by email or SMS inviting you to contact the customer service FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione), which will arrange a new delivery attempt. If it is not traceable or is absent, the goods will return to the warehouse.

Delivery services active abroad:

BRT DPD Group Express Courier

Shipments abroad can be made with the courier BRT DPD Group, Express deliveries in Europe and the rest of the world to ensure the Customer the best available rate.

8. Right of withdrawal

The consumer has the right to withdraw from the contract, he may or may not indicate the reasons, within 14 days. The withdrawal period expires 14 days after the day on which the consumer or a third party, other than the carrier and designated by him, acquires physical possession of the last good. To exercise the right of withdrawal, it is necessary to inform us of the decision to withdraw from this contract by means of an explicit statement. For this purpose you can use the form in your account in the "Order history" section you will find all the orders placed and by clicking on the "Details" you must select the product to be returned and click "Return request". To comply with the withdrawal period, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If the consumer withdraws from this contract, he will be refunded all payments made to us for the order, including delivery costs (except for additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of the decision to withdraw from this contract. Said refunds will be made using the same means of payment used for the initial transaction, or by bank transfer in the event that the order has been paid for by cash on delivery, unless expressly agreed otherwise; in any case, no cost shall be incurred as a result of such refund. The refund may be suspended until the goods have been received or until the consumer has demonstrated that he has returned the goods, whichever is the earlier. Please return the goods or deliver them to us at Farmacia San Francesco s.a.s. of Dr. Anna Maglione in Via Attilio Micheluzzi n62/72 – 80144 Naples without undue delay and in any case within 14 days from the day on which you notified us of your withdrawal from this contract. The deadline is met if the consumer returns the goods before the expiry of the 14-day period.

The direct costs of returning the goods will be borne by the consumer.

The consumer is only responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Exclusions from the right of withdrawal

The following are excluded from the possibility of exercising the right of withdrawal:

• - Contracts for services already fully performed, with the express agreement of the consumer, and started BEFORE the expiry of the period of 14 days for withdrawal. In this case, the consumer must also accept the loss of the right;
• - The supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and that may occur during the withdrawal period;
• - The supply of goods made to measure or clearly personalized;
• - The supply of goods that are likely to deteriorate or expire quickly;
• - the supply of sealed goods which are not suitable for return for hygienic or health protection reasons and have been opened after delivery;
• - The supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
• - The supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market that cannot be controlled by the professional;
• - Contracts in which the consumer has specifically requested a visit by the trader for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary for carrying out maintenance or repairs, the right of withdrawal shall apply to such additional services or goods;
• - The provision of sealed audio or video recordings or sealed computer software that have been opened after delivery;
• - the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
• - Contracts concluded at a public auction;
• - the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
• - The supply of digital content by means of a non-material medium if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal;

The right of withdrawal indicates that if for any reason you are not satisfied with your purchase, you can return all or part of the products purchased no later than 14 days from the date of receipt of your order.

If you purchase with VAT number you will not be able to exercise the right of withdrawal. Furthermore, it is never possible to exercise the right of withdrawal for over-the-counter/over-the-counter drugs and medical devices. In addition, it is not exercisable if the supply concerns food, beverages or other goods intended for the ordinary consumption of the family and physically delivered in frequent and regular rounds to the consumer's home, residence or place of work.

Return Instructions

Return Instructions To make a return follow the instructions on the Returns and Refunds page.

9. Warranty and Conformity Defects

In case of defects in conformity of Products sold by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the "Contact Us" tab.

All products sold by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) are covered by the conventional manufacturer's warranty and the 24-month warranty for defects in conformity, pursuant to Legislative Decree 24/02.

In order to benefit from warranty assistance, the Customer must keep the tax receipt (or invoice-receipt) that he will receive in the package or by email in digital format. The manufacturer's conventional warranty is provided according to the methods illustrated in the documentation contained in the product packaging.

10. Errors and Limitations of Liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which therefore FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) cannot be held responsible, except in case of wilful misconduct or gross negligence.

Farmacia San Francesco s.a.s. of Dr. Anna Maglione reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.

Except for wilful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or evasion, even partial, of an order is excluded.

The Customer (Company) is aware that FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) is authorized by the Ministry of Health to sell online drugs without prescription SOP and OTC and therefore, with the acceptance of these "General Terms and Conditions", declares, under its own full and exclusive responsibility, to purchase the Products offered online by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) as a final consumer in the context of a retail sale (B2C Business to Consumer).

Consequently, any civil, criminal and/or administrative liability attributable to FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione), arising from, descended from and/or connected to false statements made by the Customer (Company) regarding its quality as a final consumer, as specified above, will be attributable exclusively to the latter, without prejudice to the right of FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) to request compensation from the Customer (Company) for all damages suffered and paying.

All the products on FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) and having the nature of medical devices, medical-diagnostic devices, surgical devices, dressings for external use, as well as all the contents of the site www.farmahope.it (texts, images, photos, drawings, attachments, descriptions and anythingelse) have no character or nature of advertising. All contents must be understood and are of an exclusively informative nature and aimed exclusively at bringing to the attention of customers or potential customers during the pre-purchase phase the products sold by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione). No content of the pages of the site should be understood as advertising material, aimed at influencing in any way a purchase decision. This indication is particularly valid for: self-medication medicines, medical devices and in vitro diagnostic medical devices, medical-surgical devices. FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) promotes the responsible use of self-medication drugs and excludes any liability at its own expense.

11. Reviews

On the Site you are allowed to leave a “Review” review on the Products, under the following conditions and terms:

• a) the Review can only be left by all users who have used the product;
• b) the Review may only relate to the Products;
• c) to enter a Review, the User must fill in the appropriate form present in the Product Sheet, entering all the data required as mandatory (i.e. vote; name by which the Review will be published, which may also be different from the name by which the user registered on the Site; title and text of the Review);
• d) the Review will be published within a maximum of 15 days, if deemed appropriate, in accordance with the provisions below;
• e) the suitability assessment is carried out by FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) at their absolute discretion;
• f) Reviews will not be published that do not have as their object the Product in whose Product Sheet they are inserted and/or that we have any other object, including the experience of purchase and/or navigation on the Site, to discuss and/or with respect to which to file a complaint the user is invited to contact FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione);
• g) Reviews that have a defamatory and/or offensive and/or vulgar content and/or, in any way, contrary to the law, public order, morality and/or reputation and/or the rights of FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) and/or any third party will not be published, as prohibited;
• h) Reviews that lack even one of the data required in the specific form will not be published as mandatory (for example, reviews that do not contain any text will not be published);
• i) Reviews that we have advertising content will not be published;
• j) threats of any kind, incitement to hatred, racism, homophobic or, in any way, discriminatory comments, and abuses of any kind will not be tolerated; protest and political propaganda will not be allowed; Reviews with such content will not be published;
• k) with the inclusion of the Review, the user authorizes FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) to use it, indefinitely, free of charge, within the Site;
• l) the Reviews entered cannot be deleted, without prejudice to compliance with the legislation on the processing of personal data;
• m) the rating of the Product corresponds to the mathematical average of the ratings expressed by the users who have left a Review in relation to the Product;

12. Claims

Any complaint must be forwarded to the Customer Service of FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) using the appropriate contact form. The Customer Service is active from Monday to Friday, from 9.00 to 13.00 and from 14.00 to 18.00, excluding holidays.

13. Online Consumer Dispute Resolution (ODR)

If you are a European consumer, you should be aware that the European Commission has made available to all residents of Europe a tool dedicated to the alternative resolution of disputes. To access the platform click here.

14. Joint Conciliation

According to article 49 paragraph 1 letter V of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the customer can use the Joint Conciliation procedure. The Procedure can be initiated if the consumer after submitting a complaint to the company, within thirty days, has not received a response or has received a response not considered satisfactory by him. The customer who decides to use the Joint Conciliation procedure is obliged to send the application to the following address: conciliation@consorzionetcomm.it or fax number 02/87181126. For more information please refer to: NetComm

15. Applicable Law and Jurisdiction

The sales contract between the Customer and FarmaHope (Farmacia San Francesco s.a.s. of Dr. Anna Maglione) isconcluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Terms and Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples, any other jurisdiction excluded.