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FRENCH TRANSPORT AND LOGISTICS COMPANY FEDERATION
Fédération des Entreprises de Transport et Logistique de France

TLF

General terms of sale Centre Imex and Centrimex French
Governing transactions completed by transport and / or logistics operators

Terms and Conditions in French Centre Imex
Centrimex French
Terms and Conditions in English Centre Imex
Centrimex French
Terms and Conditions in Italian Centrimex Italia
Terms and Conditions in Italian One page Terms and Conditions in Italian  Two page Terms and Conditions in Italian One page

 

Article 1 - PURPOSE AND SCOPE

The purpose of the General Terms and Conditions is to govern the contractual relations between an Instructing Party and a “Transportation and/or Logistics Operator”, hereinafter referred to as the T.L.O., with regards to any undertaking or transaction pertaining to the physical movement by any means of transportation, and/or to the physical or legal management of storage and flow of goods whether packaged or not, of any origin and transported to any destination, and/or pertaining to the management of any flow of electronic or hardcopy information.
The terms and notions used in the French version of these General Terms and Conditions are defined as per French standard regulatory agreements in force.
The General Terms and Conditions prevail over any other general or special term and condition issued by the Instructing Party.
Where special terms and conditions are agreed with the Instructing Party, and unless otherwise provided, the General Terms and Conditions are applicable.

Article 2 - PRICE OF SERVICES

2.1 - Prices are calculated on the basis of information provided by the Instructing Party, considering in particular the services to be performed, the nature, the weight, and the volume of the goods to be carried and the routes to be used. Prices are quoted based on exchange rates in effect at the time the quotations are given. Quotations are also based on the terms and prices of substituted parties, and on legislation and regulations, and international conventions in force. Should one or more of these basic elements be amended after a quotation is provided, including by the substituted parties of the T.L.O., in a manner binding upon the latter, and subject to evidence provided by the T.L.O., the initially given shall be amended on the same terms. The same applies where unforeseen events arise, regardless of their nature, leading to a change to any part of the service.
2.2 - Prices do not include duties, taxes, fees and taxation owed under any regulation, notably tax or customs regulations.
2.3 - The prices initially agreed upon shall be renegotiated at least once a year.

Article 3 - GOODS INSURANCE

No insurance shall be taken out by the T.L.O. without any written and duplicated order issued by the Instructing Party for each shipment, indicating the risks to be covered and the values of the goods to be insured.
Where such an order is given, the T.L.O., acting on behalf of the Instructing Party, shall take out insurance with an insurance company known to be creditworthy at the time of coverage. Unless specifically provided, only ordinary risks (excluding war and strike risks) shall be covered.
In this particular case, the T.L.O. acting as an agent shall not, under any circumstances, be considered as an insurer. The terms of the insurance policy are deemed to be known and approved by the shippers and the consignee, which shall bear the costs thereof. An insurance certificate shall be issued upon request.

Article 4 - PERFORMANCE OF THE SERVICES

Departure and arrival dates which may be provided by the T.L.O are given for informational purposes only. The Instructing Party shall issue all necessary instructions in due course to the T.L.O. for the performance of transportation, ancillary, and/or of logistical services.
The T.L.O. is not required to verify documents (commercial invoice, packing note, etc.) provided by the Instructing Party.
Any delivery-specific instruction (payment on delivery, declaration of value or insurance, special interest in delivery, etc.) shall be made in writing in a duplicated order for each shipment, and shall be expressly approved by the T.L.O.

Article 5 - OBLIGATIONS OF THE INSTRUCTING PARTY

5.1 - Packaging and labelling:
5.1.1 - Packaging:
Goods shall be packed, packaged, marked or countermarked so as to withstand transportation and/or storage performed in normal conditions, as well as successive handling that necessarily arise during such operations.Goods shall not constitute a hazard for drivers or handlers, the environment, the safety of transportation vehicles, other carried or stored goods, vehicles or third parties.
The Instructing Party shall be solely liable for packaging and for its fitness to bear the transportation and handling.
5.1.2 - Labelling:
On each parcel, item or load unit, clear labelling shall be provided to allow immediate and clear identification of the shipper, consignee, of the place of delivery and of the nature of the goods. The information on the labels shall match those appearing on the shipping document. Labels shall also meet any applicable regulatory requirements, notably those pertaining to hazardous products.
5.1.3 - Liability:
The Instructing Party shall be solely liable for all consequences arising from any lack, insufficient or defective packing, packaging, labelling or marking.
5.2 - Sealing
Once loading operations are completed, lorries, semi-trailers, mobile crates, containers shall be sealed by the loader or its representative.
5.3 - Declaratory Obligations:
The Instructing Party shall be solely liable for all the consequences resulting from any failure to perform the duty of information and declaration regarding the specific nature and the specificity of the goods where the latter require specific provisions, including their value and/or any covetousness they may cause, as well as their dangerousness or fragility. The obligation to provide information is also applicable to the declaration of the Verified Gross Mass of a container pursuant to the SOLAS Convention. Moreover, the Instructing Party formally undertakes not to provide the T.L.O. with any illegal or prohibited goods (for instance, counterfeit goods, drugs, etc.).
The Instructing Party shall be solely liable, with no right of redress against the T.L.O., for any consequences resulting from erroneous, incomplete, unenforceable or delayed declarations or documents, including but not limited to the information needed for the provision of any declaration required by customs regulations, notably for the transportation of goods shipped from third countries.
5.4 - Reserves:
In the event of any loss or damages sustained by the goods, or of any delay, the consignee or receiver shall be responsible for making regular and adequate inspections, for expressing motivated reserves and generally for carrying out any action needed to protect their claims and to confirm the said reserves, in legal form and within legal timeframes, failing which no claim may be brought against the T.L.O. or its substituted parties.
5.5 - Refusal or default by the consignee:
In the event the consignee refuses the goods, and where the later defaults for any reason whatsoever, the Instructing Party shall be liable for any initial and additional costs owed and incurred in connection with the goods.
5.6 - Customs formalities:
If customs procedures need to be completed, the Instructing Party shall hold the customs representative harmless against any financial consequences arising from erroneous instructions, unenforceable documents, etc., generally leading to the payment of additional duties and / or taxes, freezing or seizure of the goods, and fines etc., to/by the relevant public authority.
If the goods are customs cleared under a preferential status that was entered into or granted by the European Union, the Instructing Party guarantees that it has taken all the steps pursuant to customs regulations, to ensure that all conditions for the preferential status process have been fulfilled.
The Instructing Party shall provide the T.L.O., at the T.L.O.’s request and within the prescribed timeframe, with any information requested in relation to customs regulations requirements. The Instructing Party shall be liable for any harmful consequences arising from the failure to provide the relevant information within the prescribed time frame, such as delays, extra costs, damages, etc.
However, the Instructing Party shall be solely liable for meeting goods quality and / or technical standardisation rules. The Instructing Party shall provide the T.L.O. with any document (tests, certificates, etc.) required by regulations for the circulation of the goods. The T.L.O. shall not be liable for any goods failure to comply with the said quality or technical standardisation rules.
The customs representative shall clear the goods in direct representation mode, in accordance with Article 18 of the Union Customs Code.
5.7 - Payment on delivery:
The stipulation of a payment on delivery shall not be equivalent to a statement of value and shall thus not modify the rules of compensation for loss or damages as defined under Article 6 below.

Article 6 - LIABILITY

For any evidenced prejudice attributed to the T.L.O., the latter shall only be liable for damages foreseeable at the time the contract was signed, and which are an immediate and direct result of a breach as defined under Articles 1231-3 and 1231-4 of the French Civil Code.
Damages are strictly limited to the amounts set forth hereunder.
The limitation of compensation as indicated hereunder amounts to the consideration for the liability borne by the T.L.O.
6.1 - Liability for substituted parties:
The liability of the T.L.O. is limited to that incurred by the substituted parties in the framework of the operation entrusted to the T.L.O. When the compensation thresholds of substituted parties are unknown, non-existent, or do not result from mandatory provisions, they are deemed to be identical to those set forth in article 6.2 hereunder.
6.2 - Personal liability of the Transportation and/or Logistics Operator (T.L.O.):
6.2.1 - Loss and damages:
Where the T.L.O.’s personal liability is incurred, for any reason and in any capacity, it shall be strictly limited for damages to goods attributable to losses and damages during the operation, and any consequences resulting thereof, to €20 per kilogram of gross weight of missing or damaged goods, without exceeding, regardless of the weight, volume, sizes, nature or value of the respective goods, an amount exceeding the product of the gross weight of the goods expressed in tons multiplied by €5,000, with a maximum amount of €60,000 per event.
6.2.2 - Other damages:
Should the T.L.O.’s personal liability be incurred for any other damages, including duly acknowledged delivery delays, the compensation owed by the T.L.O. shall be strictly limited to the price of goods transportation (exclusive of duties, taxes and miscellaneous costs) or to that of the service leading to the damages as provided under the contract. Such compensation shall not exceed that which is owed in the event of goods damages or losses.
6.2.3 - Customs liability:
The liability of the T.L.O. for any customs and indirect taxation operations, whether undertaken by the T.L.O. or its sub-contractors, shall not exceed a total of €5,000 per customs declaration, without exceeding €50,000 per year of adjustment and, in all instances, €100,000 per adjustment notification.
6.3 - Quotations:
All quotations given, one-time price proposals, and general rates, are established and/or published based in view of the abovementioned liability limitations (Articles 6.1 and 6.2).
6.4 - Declaration of value or insurance:
The Instructing Party may make a declaration of value, set by itself and accepted by the T.L.O., which substitutes the amount of that declaration for the compensation limitations specified above (Articles 6.1 and 6.2.1). Such declaration of value shall result in an additional charge.
The Instructing Party may also instruct the T.L.O., pursuant to Article 3 (Goods Insurance), to take out on its behalf an insurance policy, in return for payment of the corresponding premium, indicating the risks to be covered and the value to be insured.
The instructions (declaration of value or insurance) shall be renewed for each operation.
6.5 - Special interest in delivery:
The Instructing Party may make a declaration of special interest in delivery, set by it and accepted by the T.L.O, which, in the event of any late delivery, substitutes the amount of that declaration for the compensation limitations specified above (Articles 6.1 and 6.2.2). This declaration shall result in an additional charge. Instructions shall be renewed for each operation.

Article 7 - PAYMENT TERMS

7.1 - Services shall be payable cash on receipt of the invoice, with no discount, where the invoice is issued, and in all instances, within 30 days as from the issuing date. The Instructing Party guarantees the settlement thereof. Pursuant to Article 1344 of the French Civil Code, the debtor is deemed to have been served notice when the obligation of payment fell due.
7.2 - Unilateral offsetting of the amount of alleged damages over the price of services is prohibited.
7.3 - Any delay in payment shall automatically entail, on the day following the settlement date as appearing on the invoice, the payment of interest corresponding to the interest rate applied by the European Central Bank (ECB) in its most recent refunding operation increased by ten percentage points and as per Article L. 441-6 (12) of the French Commercial Code, as well as a fixed-rate compensation for recovery fees of €40 pursuant to Article D.441-5 of the French Commercial Code, without prejudice to any possible remedy, as provided by general legal provisions for any other damages arising directly from such delay in payment.
Any delay in payment will automatically entail, without further formalities, the acceleration of payment of any other debt owed to the T.L.O., with the balance becoming immediately due even in the event of acceptance of a bill of exchange.
7.4 - Any partial payment shall first be offset against any non-preferential part of the debt obligation.

Article 8 - RIGHT OF RETENTION AND CONTRACTUAL POSSESSORY LIEN

Regardless of the capacity in which the T.L.O. is acting, the Instructing Party hereby acknowledges the T.L.O.’s conventional right of retention, enforceable against all parties, and a conventional contractual possessory lien over all goods, values and documents in the T.L.O.’s possession , in order to guarantee any debt (invoices, interests, incurred expenses, etc.) the T.L.O. holds against the Instructing Party, including those prior to, or other than those concerning operations related to the goods, values and documents that the T.L.O. effectively holds.

Article 9 - TIME LIMITATIONS

All claims arising from contracts entered into by the parties, whether it be for primary or ancillary services, shall be time barred after one year running from the performance of the disputed service. The time limitation also applies to claims relating to duties and taxes collected afterwards, running as from the notice of adjustment.

Article 10 - CONTRACT DURATION AND TERMINATION

10.1 - In the context of an established commercial relationship, each party may terminate the contract at any time by registered letter with acknowledgement of receipt, subject to complying with the following notice periods:

10.2 - During the notice period, the parties hereby undertake to maintain the balance of the contract.
10.3 - In the event of evidenced serious or repeated breaches by either party of its obligations, the other party shall send a formal notice by registered letter with acknowledgement of receipt. Where the notice remains unsuccessful within a one-month period, during which the parties may attempt to negotiate, the contract may be definitively terminated without notice or compensation by registered letter with acknowledgement of receipt acknowledging the failure of the negotiation attempt.

Article 11 - CANCELLATION - INVALIDITY

Should any of the provisions of the General Terms and Conditions be declared null and void, all other provisions shall remain in full force and effect.

Article 12 - JURISDICTIONAL CLAUSE

In the event of any dispute or claim, the Courts where the “Transportation and/or Logistics Operator” (T.L.O) is registered have jurisdiction, even in the event of multiple defendants or impleaders.

The French General Terms and Conditions for the Union of French Transportation and Logistics Companies (T.L.F.) are published on 1st January 2017 (first of January two thousand and seventeen).


Protections of your personal data

In connection with the use of its services and in particular the services available on its website, its mobile site and its mobile applications, CENTRIMEX, as data controller, may collect and process personal data concerning you.

CENTRIMEX is committed to respecting the privacy rules of its customers, prospects and visitors of its website, its mobile site and its mobile applications. All the processing of personal data implemented within the framework of accessible services complies with the local regulations applicable to the protection of personal data, and in particular the provisions of the law "Informatique et Libertés" of 6 January 1978 as amended and the General Regulations. on Data Protection (EU Regulation 2016/679) or "RGPD".

CENTRIMEX is responsible for the processing of your personal data as part of these treatments. The respective responsibilities for compliance with the rules on the protection of personal data have been determined by agreement.

In order to ensure the proper application of these rules, CENTRIMEX has appointed a Data Protection Officer who is the privileged intermediary of the National Commission for Informatics and Freedoms (CNIL): the company IAD - whose head office is located 152 rue Sainte - 13007 Marseille.

His website: www.iad.fr and his email address: iad@iad.fr

CENTRIMEX also implements the appropriate internal procedures to raise the awareness of its employees and to ensure compliance with these rules within its organization.

WHAT ARE CENTRIMEX'S COMMITMENTS TO PROTECT PERSONAL DATA?

CENTRIMEX is committed to ensuring a high level of protection of the personal data of its customers, prospects, users of its website, mobile site and mobile applications and any other person whose personal data it processes. CENTRIMEX undertakes to respect the regulations applicable to all the personal data processing that it implements. More particularly, CENTRIMEX commits itself in particular to respect the following principles:

CENTRIMEX implements the appropriate technical and organizational measures in order to guarantee a level of security adapted to the risk inherent in its processing operations, to meet the regulatory requirements and to protect the rights and data of the persons concerned from the design of the processing operations. In addition, CENTRIMEX also imposes the same level of protection of personal data on its subcontractors (service providers, suppliers, etc.).

Finally, CENTRIMEX undertakes to comply with any other principle that is necessary with regard to the regulations applicable to the protection of personal data, and more specifically regarding the rights conferred on data subjects, the retention periods of personal data and the obligations cross-border transfers of personal data.

WHAT ARE THE DATA THAT CAN BE COLLECTED BY CENTRIMEX?

In the context of our relations, you are likely to communicate your personal data by various means and in particular on our websites, our sites and mobile applications during your Internet browsing, purchases, reservations, by completing the various forms of collection, when a subscription to the e-newsletter, when creating a CENTRIMEX account, when you submit an application, when you post comments on our social networking pages, when you make any contact with CENTRIMEX or when you transmit to us in any other way your personal data.

Your data is mainly used for information, provision of services or specific services: transportation delivery, animation, business information, satisfaction surveys, new services and products to improve your experience, statistical studies, recruitment, after-service sale, processing of your requests and / or claims.
In addition to the cases where your consent has been collected (in particular to send you personalized offers), the processing of your data for the different purposes mentioned above is necessary in particular:

In particular, your data is used:

Any incident that occurred during the performance of the contract of carriage and likely to compromise safety or security, may be subject to computer registration, filing a complaint and result in a prohibition by CENTRIMEX for a duration of three years.

HOW LONG DOES YOUR DATA BE PRESERVED?

CENTRIMEX undertakes to keep your personal data for a period not exceeding that necessary for the purposes for which they are processed. In addition, CENTRIMEX keeps your personal data in accordance with the retention periods imposed by the applicable laws in force.
These retention periods are defined according to the processing purposes implemented by CENTRIMEX and take into account the applicable legal provisions imposing a specific shelf life for certain categories of data, any applicable limitation periods as well as recommendations from the CNIL. concerning certain categories of data processing (for example, Deliberation no. 2016-264 of 21 July 2016 amending a simplified standard concerning automated processing of personal data relating to the management of customers and prospects (NS-048 ), article L.232-7 of the internal security code relating to the transmission of passenger data to the French administration, retention of cookies for 13 months, as recommended by the CNIL ...).

WHO IS LIKELY TO ACCESS YOUR PERSONAL DATA?

Some of the recipients mentioned above are likely to be established outside the European Union and to have access to all or part of the personal information collected by CENTRIMEX (name, surname, identification data, etc.), and for the good performance of the commercial contract or because of a specific legal authorization.

In this context, CENTRIMEX is committed to ensuring the protection of your data in accordance with the most stringent rules including the signature, on a case by case basis, of contractual clauses based on the European Commission model, or any other mechanism in accordance with RGPD, since your personal data are processed by a provider outside the European Economic Area and whose country is not considered by the European Commission to provide an adequate level of protection.

Some of the recipients mentioned above are likely to be established outside the European Union and to have access to all or part of the personal information collected by CENTRIMEX (name, surname, identification data, etc.), and for the good performance of the commercial contract or because of a specific legal authorization.

In this context, CENTRIMEX is committed to ensuring the protection of your data in accordance with the most stringent rules including the signature, on a case by case basis, of contractual clauses based on the European Commission model, or any other mechanism in accordance with RGPD, since your personal data are processed by a provider outside the European Economic Area and whose country is not considered by the European Commission to provide an adequate level of protection.

HOW TO EXERCISE YOUR RIGHTS?

In accordance with the applicable regulations on the protection of personal data, you can, at any time, exercise your rights of access, rectification, deletion of data concerning you and your rights of limitation and opposition to the processing and the portability of your personal data.

In addition, you have the legal right to set guidelines regarding the fate of your post mortem personal data.

In addition, any minor at the time of collection of his personal data may obtain the erasure as soon as possible.

These rights are exercised by mail to the following address:

CENTRIMEX
Data Protection Officer
(Mention the complete postal address of the head office and the email address dpo@centrimex.com)

In this context, we kindly ask you to accompany your request with the necessary elements for your identification (last name, first name, e-mail) as well as any other information necessary for the confirmation of your identity.

For some specific services, these rights may be exercised directly online at http://www.centrimex.com/en/protections-of-your-personal-data.html

You also have a right of recourse to the National Commission for Data Protection and Freedoms in case of violation of the applicable regulations for the protection of Personal Data and especially the RGPD.

In the context of our newsletters, you have the opportunity to exercise your rights, to withdraw your consent, or to address any question or complaint, by contacting CENTRIMEX at the address mentioned above.

CENTRIMEX guarantees you the exercise of your rights, and brings you answers to all your questions or complaints.

When you are in touch with our customer service, your call is likely to be recorded for service quality improvement, litigation prevention, and malicious calling. If you do not want to be registered, report it directly to the advisor.

You also have the right to object to the processing of your personal data for the purposes of commercial prospecting. When required by law, your data will be used for prospecting purposes only after obtaining your explicit consent.

In addition, if you no longer wish to receive CENTRIMEX's electronic newsletter by e-mail, you can click on the unsubscribe link at the bottom of each communication.

The collection of certain personal data is essential to allow access to certain services or services (do the detail if necessary). You can of course exercise your right to oppose the collection and processing of such data, but this may result in the impossibility of benefiting from these services or benefits.

In accordance with French and international laws and regulations, the lack of communication or inaccuracy of certain data may lead to a decision to refuse treatment of a commercial contract without the responsibility of CENTRIMEX being engaged

CONVIVIALITY OF ONLINE CENTRIMEX SERVICES, SOCIAL MEDIA AND MOBILE DEVICES

CENTRIMEX strives to continuously improve its electronic services in order to facilitate access to its customers, potential customers and visitors. For example, the CENTRIMEX website (or its mobile site) provides you with permanent access (24 hours a day) to information and services provided by CENTRIMEX.

In order to facilitate the creation and your connections to your CENTRIMEX account you have the possibility to link your CENTRIMEX account with most social networks. By agreeing to share certain personal data, listed on the link screen and authorization specific to each social network, you can benefit from optimized navigation on the site CENTRIMEX. You may at any time, if you wish, untie your CENTRIMEX account from your social account.

COOKIES

In order to constantly improve the quality of the services offered on the site and their adequacy with your expectations, CENTRIMEX may use "cookies", text files used to identify your device when you connect to one of our services.
The deposit of cookie or plotter in your terminal (computer, tablet, smartphone, etc.) allows CENTRIMEX to collect information and personal data. Depending on your choice of setting your device, cookies allow you to:

Depending on the choice of settings concerning the use of cookies, some tracers may be issued or read by third parties (advertising providers, communication agencies, etc.) while browsing the CENTRIMEX website.

At any time, you are given the opportunity to adjust your settings relating to cookies. For more information on the use of cookies by CENTRIMEX.

IT SECURITY / SECURING TRANSACTIONS

Ensuring the security and confidentiality of the personal data you entrust to us is a priority for CENTRIMEX. We thus implement all the technical and organizational measures that are useful, considering the nature, scope and context of the personal data that you communicate to us and the risks presented by their processing, to preserve the security of your personal data and, in particular, to prevent any destruction, loss, alteration, disclosure, intrusion or unauthorized access to such data in an accidental or unlawful manner. You are thus assured of consulting our site in all confidentiality and security.

CENTRIMEX strives to also fight identity theft practices on the internet.

The security and confidentiality of personal data are based on the best practices of each. This is why we invite you not to communicate your passwords to third parties, to log out of your profile and your social account (especially in the case of linked accounts) and to close your browser window. at the end of your work session, especially if you access the internet from a computer workstation shared with other people. This will prevent other users from accessing your personal information.

We strongly discourage you to distribute to third parties or to publish on social networks any document issued by CENTRIMEX containing your personal data.
To know the best security practices to apply, we invite you for example to consult the Portal of the computer security. The general conditions relating to certain services or services accessible from the websites of CENTRIMEX, its mobile site or its mobile applications, are likely to define more precise methods of collection and exploitation of your personal data.

We strongly discourage you to distribute to third parties or to publish on social networks any document issued by CENTRIMEX containing your personal data.
To know the best security practices to apply, we invite you for example to consult the Portal of the computer security. The general conditions relating to certain services or services accessible from the websites of CENTRIMEX, its mobile site or its mobile applications, are likely to define more precise methods of collection and exploitation of your personal data.

Finally, CENTRIMEX has set up a procedure for managing security breaches that makes it possible to effectively apprehend any personal data breaches, to notify the competent authority without delay of these violations as well as to warn you when this violation is likely to undermine to your personal data.

PERSONAL DATA CONCERNING MINORS

CENTRIMEX does not collect or process personal data relating to children under the age of 16 without the prior consent of parents or holders of parental responsibility for the child.

If personal data concerning children is collected via the website, applications or mobile sites CENTRIMEX, parents or holders of the exercise of parental authority have the opportunity to oppose by contacting us at the address of our DPO.
Moreover, as stated above, the minor child at the time of collection of his personal data may obtain the erasure as soon as possible.

LINKS TO ACCESS OTHER SITES

On several pages of the website of CENTRIMEX you are offered the opportunity to click to access other websites of other companies. We advise you to read the policy of these non-CENTRIMEX sites regarding the processing and protection of personal data, as the conditions on these sites may differ from the conditions of CENTRIMEX. CENTRIMEX will not be responsible for the processing of personal data by these other websites. .

CONTACT

If you have any additional questions about this policy or how CENTRIMEX processes your personal data, we invite you to contact our data protection representative at the following address: dpo@centrimex.com

CHANGES

CENTRIMEX reserves the right to adapt the personal data protection policy and undertakes to inform you on its website of changes or additions.

This version was developed May 1, 2018.

CENTRIMEX - 33 boulevard de l'Europe - 13744 Vitrolles - Tél. 04 42 15 98 20 - Fax 04 42 15 98 21 - email :