Terms & Conditions

This document serves as an electronic record under the Information Technology Act, 2000, and relevant rules. It adheres to the amended provisions related to electronic records as per the Information Technology Act, 2000. Generated by a computer system, this electronic record does not necessitate any physical or digital signatures.

In compliance with Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, mandating the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using the www.rajsthanihaat.com website, this document is presented.

The domain www.rajasthanihaat.com (referred to as the “Website”) is the property of Craft Essence Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at 32/17, Swarn Path, Mansarovar, Jaipur, Rajasthan, 302020 (referred to as “Craft Essence”).

Your use of the Website and its services and tools is governed by the applicable Terms of Use, including incorporated policies. Transactions on the Website subject you to relevant policies. By using the Website, you enter into a binding agreement with Craft Essence Private Limited, encompassing these terms, conditions, and policies.

In these Terms of Use, “You” or “User” refers to any natural or legal person becoming a buyer on the Website by providing Registration Data. Craft Essence allows users to browse or make purchases without registration. “We,” “Us,” “Our” signifies Craft Essence Private Limited.

When using services provided through the Website, you agree to abide by the rules, guidelines, policies, terms, and conditions applicable to such services. These are considered part of these Terms of Use. We reserve the right to modify these Terms of Use without prior notice, and your continued use implies acceptance of revisions. As long as you comply with these Terms of Use, you are granted a personal, non-exclusive, non-transferable privilege to access and use the Website.

Your agreement to all the terms and conditions under these Terms of Use is indicated by accessing, browsing, or otherwise using the site. Please read these terms carefully before proceeding. By accepting these Terms of Use, you also agree to be bound by Craft Essence Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Craft Essence website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Craft Essence reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Craft Essence’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

When utilizing the Website, you are obligated to uphold the confidentiality of your Display Name and Password. You are accountable for all activities conducted under your Display Name and Password. If you furnish information that is false, inaccurate, outdated, or incomplete, or if there are reasonable grounds to suspect its inaccuracy or non-compliance with these Terms of Use, we retain the right to indefinitely suspend, terminate, or block your membership access on the Website and withhold further access.

Communications

Upon using the Website or transmitting emails or any other data, information, or communication to us, you acknowledge and agree that the communication is conducted through electronic records. You provide consent to receive periodic communications via electronic records from us, as and when required. Communication may occur through email or any other mode of communication, electronic or otherwise.

Charges

Membership for buyers on the Website is free of charge. Craft Essence imposes no fees for browsing or making purchases on the Website. The Fee Policy is subject to change, and Craft Essence reserves the right to modify or introduce new services at its discretion. In such instances, Craft Essence may introduce fees for new services or amend/introduce fees for existing services. Any alterations to the Fee Policy will be posted on the Website and automatically take effect upon posting. Unless specified otherwise, all fees will be quoted in Indian Rupees. It is your responsibility to ensure compliance with all applicable laws, including those in India, for making payments to Craft Essence Private Limited.

Use of the Website

You agree, undertake, and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update, or share any information that:

(a) belongs to another person without the right to do so;

(b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of privacy, hateful, or racially, ethnically objectionable;

(c) is misleading;

(d) is offensive to the online community, promotes illegal activities, or is abusive, threatening, or violates any third party’s rights;

(e) harasses or advocates harassment;

(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing;

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;

(h) infringes upon any third party’s rights, including intellectual property rights, rights of privacy, or rights of publicity;

(i) promotes unauthorized copies of another person’s copyrighted work;

(j) contains restricted or password-only access pages, or hidden pages or images;

(k) provides material that exploits people inappropriately or solicits personal information;

(l) provides instructional information about illegal activities;

(m) contains video, photographs, or images of another person;

(n) tries to gain unauthorized access to the Website or exceeds authorized access;

(o) engages in commercial activities without prior written consent;

(p) solicits gambling or engages in any gambling activity;

(q) interferes with another user’s use and enjoyment of the Website;

(r) refers to any website or URL that contains inappropriate material;

(s) harms minors;

(t) infringes any patent, trademark, copyright, or other proprietary rights;

(u) violates any law;

(v) deceives or misleads the addressee/users;

(w) impersonates another person;

(x) contains software viruses or any other computer code that may damage, interfere with, or intercept any system, data, or personal information;

(y) threatens the unity, integrity, defense, security, or sovereignty of India or public order; or

(z) provides false, inaccurate, or misleading information.

(aa)You shall not use any automated devices to access, acquire, copy, or monitor any portion of the Website or its content.

(ab)You shall not attempt to gain unauthorized access to any part of the Website.

2. You shall not probe, scan, or test the vulnerability of the Website or any network connected to it.
3. You shall not make negative statements or comments about Craft Essence, engage in conduct that might tarnish Craft Essence’s image, or violate any rights of Craft Essence.
4. You shall not interfere with the proper working of the Website.
5. You may not forge headers or manipulate identifiers to disguise the origin of any message.
6. You may not use the Website for any unlawful or prohibited purpose or solicit illegal activities.
7. You shall comply with all applicable laws and regulations.
8. You grant Craft Essence the right to use the information you provide in accordance with the Terms of Use and Privacy Policy.
9. You shall not engage in advertising or solicitation to buy or sell products or services on the Website.
10. Craft Essence is not responsible for offensive or obscene materials posted by other users.
11. Craft Essence has the right to take necessary action and claim damages due to your involvement in DOS/DDoS attacks.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (referred to as “Content”) are the exclusive property of Craft Essence. Without Craft Essence’s express prior written consent, no part of the Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner, including “mirroring,” to any other computer, server, website, or medium for publication, distribution, or commercial enterprise.

You are permitted to use information on the products and services available on the Website for downloading, provided that you

(1) do not remove any proprietary notice language in all copies of such documents,

(2) use such information solely for personal, non-commercial informational purposes, refraining from copying or posting it on any networked computer or broadcasting it in any media,

(3) make no modifications to any such information, and

(4) do not make any additional representations or warranties related to such documents.

Any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Website (collectively referred to as “Content”) will become the property of Craft Essence, and you grant Craft Essence worldwide, perpetual, and transferable rights in such Content. Craft Essence is entitled to use the Content or any of its elements for any purpose, including but not limited to promotional and advertising purposes, in any media now known or hereafter devised, creating derivative works that may include the Content provided. You acknowledge that any Content you post may be used by Craft Essence, in accordance with its Privacy Policy and Rules of Conduct on the Site, and you are not entitled to any payment or compensation for such use.

Privacy

Safeguarding your privacy is a fundamental principle for us. We recognize that you and your personal information constitute among our most vital assets. The information, including any sensitive financial data collected (as defined under the Information Technology Act, 2000), is stored and processed on computers protected by physical and reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000, and its rules. Our current Privacy Policy can be found at Privacy. If you object to the transfer or use of your information in this manner, please refrain from using the website.

We may share personal information with our corporate entities and affiliates, who may market to you as a result of such sharing unless you explicitly opt-out. Personal information may also be disclosed to third parties as required for providing access to our services, complying with legal obligations, enforcing our User Agreement, facilitating marketing and advertising activities, or preventing, detecting, mitigating, and investigating fraudulent or illegal activities related to our services. Your personal information is not disclosed to third parties for their marketing and advertising purposes without your explicit consent.

In certain circumstances, we may disclose personal information if required by law or in good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. This includes disclosure to law enforcement offices, third-party rights owners, or others in the good faith belief that it is reasonably necessary to enforce our Terms or Privacy Policy, respond to claims of rights violations by third parties, or protect the rights, property, or personal safety of our users or the general public.

If we (or our assets) plan to merge with, be acquired by, or undergo re-organization, amalgamation, or restructuring with another business entity, we and our affiliates may share or sell some or all of your personal information. In such a transaction, the other business entity (or the new combined entity) will be required to adhere to this privacy policy regarding your personal information.

Disclaimer of Warranties and Liability

This website, along with all materials, products (including software), and services provided on or made available through this site, is offered on an “as is” and “as available” basis, with no representations or warranties, express or implied, unless otherwise specified in writing. Craft Essence does not warrant:

• The constant availability or availability at all times of this website; or
• The completeness, truthfulness, accuracy, or non-misleading nature of the information on this website.

Craft Essence will not be liable to you in any way, whether in relation to the contents of the website, its use, or otherwise. Craft Essence does not guarantee that this site, the information, content, materials, products (including software), or services provided on or made available to you through the website, their servers, or electronic communications sent from us are free of viruses or other harmful components.

The content on the website does not constitute advice of any kind. All products sold on the website are subject to different state laws, and if Craft Essence is unable to deliver such products due to implications of different state laws, Craft Essence will either return or provide credit for the amount (if any) received in advance from the sale of such product that could not be delivered to you.

When placing an order on the website, you must provide a valid phone number. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications for order, shipment, or delivery-related updates. We will not use your personal information to initiate any promotional phone calls or SMS, unless you are a member of our loyalty program.

Services

Payment

When utilizing any payment method available on the website, we shall not be held responsible or assume any liability for any loss or damage arising directly or indirectly due to:

1. Lack of authorization for any transaction(s).
2. Exceeding the pre-set limit mutually agreed upon by you and the respective bank(s).
3. Any payment issues arising from the transaction.
4. Decline of the transaction for any other reason(s).

All payments for purchases/services on the website must be made in Indian Rupees accepted in the Republic of India. The website does not facilitate transactions in any other currency for the purchases made on the site.

Before shipping/delivering your order, Craft Essence may request supporting documents (including but not limited to government-issued ID and address proof) to establish ownership of the payment instrument used for the purchase. This is done to ensure a secure online shopping environment for our users.

Additionally:

You have explicitly authorised Craft Essence and its service providers to electronically collect, process, facilitate, and remit payments and/or the transaction price to and from other users concerning transactions through the payment facility.

You understand, accept, and agree that the payment facility provided by Craft Essence is not a banking or financial service but a facilitator offering an electronic, automated online payment, receiving payment through Cash On Delivery, and collection and remittance facility for transactions on the Craft Essence website, using the existing authorized banking infrastructure and credit card payment gateway networks. Furthermore, by providing the payment facility, Craft Essence is not acting as a trustee or in a fiduciary capacity regarding the transaction or the transaction price.

Payment Facility for Buyers:

As a buyer, you acknowledge that by initiating a transaction, you are entering into a legally binding and enforceable contract with Craft Essence to purchase products and/or services. You agree to pay the transaction price through your issuing bank to Craft Essence using the payment facility.

1. You, as a buyer, may electronically agree with Craft Essence, using the automated features provided by the payment facility, on any extension or increase in the dispatch and/or delivery time. The transaction will be amended accordingly, and any such extension or increase should comply with Payment Facility Rules and Policies.
2. You, as a buyer, must electronically notify the payment facility immediately upon delivery or non-delivery within the specified time period as provided in the policies. Non-notification of delivery or non-delivery within the specified time shall be construed as deemed delivery for that transaction.
3. You, as a buyer, are entitled to claim a refund of the transaction price as your sole and exclusive remedy if you do not receive the delivery within the agreed time or the time specified in the policies, whichever is earlier. Failure to raise a refund claim within the stipulated time will make you ineligible for a refund.
4. The payment facility may not be available for certain categories of products, services, or transactions, as mentioned in the policies, and, therefore, you may not be entitled to a refund for transactions involving those products and/or services.
5. Except for cash-on-delivery transactions, refunds, if any, shall be made to the same issuing bank from which the transaction price was received. For cash-on-delivery transactions, refunds, if any, will be made via demand draft in favor of the buyer, as per the registration details provided.
6. Refunds will be in Indian Rupees and equivalent to the transaction price received in Indian Rupees. For electronic payments, refunds will be made through the payment facility using NEFT/RTGS or any other online banking/electronic funds transfer system approved by the Reserve Bank of India.
7. Refunds are conditional and subject to Craft Essence’s recourse in case of buyer misuse, and compliance with policies is mandatory.

Craft Essence reserves the right to:

1. Impose limits on the number of transactions or transaction price from an individual buyer during any time period.
2. Refuse to process transactions exceeding such limits.
3. Refuse to process transactions by buyers with a history of questionable charges or breaches.
4. Conduct checks before approving receipt or commitment to pay, rejecting if not satisfied with creditability or genuineness.
5. Delay notifying payment confirmation for security reasons or for buyers conducting high transaction volumes.
6. Hold transaction price and not dispatch or remit it to law enforcement officials at their request or if the buyer is engaged in illegal activity.

The buyer acknowledges that Craft Essence is not liable for damages resulting from non-processing or delay in processing a transaction or transaction price beyond its control

Compliance with Laws:

The buyer must adhere to all relevant laws, including but not limited to the Foreign Exchange Management Act, 1999, and the rules and notifications issued under it, the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002, and the rules made thereunder, Foreign Contribution Regulation Act, 1976, and the rules made thereunder, Income Tax Act, 1961, and the rules made thereunder, as well as the Export Import Policy of the government of India, in relation to their use of the Payment Facility and the Craft Essence Website.

Buyer’s arrangement with Issuing Bank:

Every valid credit/debit/cash card and other payment instruments undergo processing through a Credit Card payment gateway or suitable payment system infrastructure. This process is subject to the terms and conditions mutually agreed upon by the Buyer and the respective Issuing Bank, as well as the payment instrument issuing company.

Online bank transfers from valid bank accounts are facilitated through the gateway offered by the respective Issuing Bank, which supports the Payment Facility for providing these services to users. The terms and conditions governing such online bank transfers on the Payment Facility are also determined by the agreement between the Buyer and the respective Issuing Bank.

Indemnity

You agree to indemnify and absolve Craft Essence, its owner, licensee, affiliates, subsidiaries, applicable group companies, and their respective officers, directors, agents, and employees from any claims, demands, actions, including reasonable attorneys’ fees, asserted by any third party or penalties imposed, as a result of or arising from your violation of this Terms of Use, Privacy Policy, and other Policies, or your infringement of any laws, rules, or regulations, or the rights (including intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Jaipur.

Jurisdictional Issues/Sale in India Only

Unless explicitly stated otherwise, the content on the Website is primarily intended for sales in India. Craft Essence does not assert that the materials on the Website are suitable or accessible for use in locations or countries other than India. Individuals who opt to access this site from locations or countries outside India do so at their own discretion, and Craft Essence is not accountable for product supply/refunds for products ordered from locations or countries other than India, or for compliance with applicable local laws, if any.

Trademark, Copyright and Restriction

This site is under the control and operation of Craft Essence, and the sale of products is conducted by Craft Essence. All content on this site, such as images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and various other intellectual property rights. The material on the website is intended solely for your personal, non-commercial use. It is strictly prohibited to copy, reproduce, republish, upload, post, transmit, or distribute such material in any manner, whether directly or indirectly, including through email or other electronic means. You are also not permitted to assist any other person in doing so. Modification of the materials, use of the materials on any other website or networked computer environment, or utilization of the materials for any purpose other than personal, non-commercial use, without the prior written consent of the owner, constitutes a violation of copyrights, trademarks, and other proprietary rights, and is strictly prohibited. Any use that results in remuneration, whether in the form of money or otherwise, is considered a commercial use for the purposes of this clause.

Trademark complaint

Craft Essence respects the intellectual property of others.

Product Description

Craft Essence does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL CRAFT ESSENCE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

POLICIES

Profanity Policy

Craft Essence prohibits the use of language that is racist, hateful, sexual, or obscene in any public area. This policy applies to text within listings and all other areas of the site that may be viewed by other users. If profane words are included in the title of an item for sale, we will ‘blur’ out the majority of the offensive word using asterisks (e.g., s*** or f***).

Please report any violations of this policy to the appropriate area for review:

• Report offensive Display Names
• Report offensive language in a listing or elsewhere

If a feedback comment, communication between users on the website, or email communication related to transactions on the website contains profanity, please review our feedback removal policy and submit a request for action or removal.

Disciplinary action may lead to the indefinite suspension of a user’s account, temporary suspension, or issuance of a formal warning. Craft Essence will take into account the circumstances of an alleged policy violation and the user’s trading records before deciding on a course of action.

Violations of this policy may result in various actions, including:

1. Limits imposed on account privileges
2. Loss of special status
3. Account suspension.

Replacement Guarantee

The Replacement Guarantee is designed to assist buyers who are dissatisfied with their purchases on the website. If, at the time of delivery or within a specified number of days from the date of delivery, the buyer discovers any defects in the product/s, they can request a replacement from Craft Essence.

In cases where Craft Essence has suspicion or knowledge that any of its buyers are engaged in activities intended to submit false, misleading, or non-genuine claims or information, Craft Essence reserves the right to, at its sole discretion, initiate civil and/or criminal proceedings against the user. Additionally, Craft Essence may suspend, block, restrict, or cancel the Display Name of such buyers and/or disqualify them and any related users from availing protection through this program.

Craft Essence retains the right to commence civil and/or criminal proceedings against a user who files invalid and/or false claims or provides false, incomplete, or misleading information. Alongside legal actions, Craft Essence may, at its sole discretion, suspend, block, restrict, or cancel the Display Name (and its related Display Names) of such users and/or disqualify them and any related users from accessing protection through this program. Any person knowingly filing a Fraudulent Complaint with the intent to injure, defraud, or deceive, containing false, incomplete, or misleading information, may be subject to criminal prosecution to the fullest extent of the law.

Returns Policy

Definition: ‘Return’ is the process of the Buyer giving back the purchased item to Craft Essence through the Craft Essence website. Various situations may lead to a return:

1. The item was defective.
2. The item sustained damage during shipping.
3. Products were missing.
4. Craft Essence sent the wrong item.

In most cases, a return may also involve a refund of money. Key points to consider:

1. Craft Essence reserves the right to accept returns, regardless of the policy. It is advisable for the Buyer to carefully review the listing before making a purchase decision. If the Buyer orders the wrong item, no return/refund is applicable. The Buyer must initiate the refund request within 5 days from the date of payment realization. Once the return request is raised, Craft Essence can choose from the following options:
   1. Replace after shipment collection – Craft Essence agrees to wait for the logistics team to collect the shipment from the buyer before initiating a replacement.
   2. Refund after shipment collection – Craft Essence agrees to wait for the logistics team to collect the shipment from the buyer before issuing a refund.
   3. Refund without shipment collection – Craft Essence agrees to refund the buyer without requiring the return of the original shipment.
   4. Replace without shipment collection – Craft Essence agrees to replace the order without expecting the return of the original shipment.
   5. On specific days, as specified by Craft Essence (such as EOSS), separate policies may apply.

If Craft Essence accepts the return request, the Buyer must return the product, and the refund will be credited to the Buyer.

Further for returns being made by Buyer to Craft Essence of the product, the following parameters needs to be ensured by the Buyer:

Category	Condition
Home Decor & Furnishing	Should be “New” and returned with original packaging
Clothing and Footwear	Should be “New & Unworn” (other than for trial)
Beauty, Health & Personal Care	Should be “New & Unopened”
Office Products, Bags & Accessories	Should be “New” and returned with original packaging
Jewellery	Should be “New” and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from Craft Essence.

Shipping cost for returning the product shall be borne and incurred by Craft Essence.

Replacement

Definition: Replacement is the process of substituting one item for another. A Buyer can request a replacement when dissatisfied with the item, citing reasons such as damage during shipping, a defective item, missing item(s), or the receipt of the wrong item.

Key points to consider:

1. Craft Essence reserves the right to accept returns regardless of the policy.

2. Replacement requests must be initiated by Craft Essence within 5 days from the date of product delivery. Once the Buyer contacts Craft Essence to request a replacement, the following steps will be taken:

   1. The Buyer is asked to provide the “Reason for Return,” with options including:

      • Shipping was damaged.
      • Item was defective.
      • Item(s) were missing.
      • Wrong item sent.

   2. If Craft Essence approves the replacement request, the Buyer must return the product to Craft Essence. Only after the return of the product is Craft Essence obligated to provide the replacement product to the Buyer.

   3. If Craft Essence does not have the product in stock, it can offer a refund to the Buyer, and the Buyer is obligated to accept the refund in place of a replacement. All product parameters must be adhered to in replacement cases.

   4. All shipping and other replacement-related charges will be borne and incurred by Craft Essence.

Disputes via Charge back

In the event of a chargeback (CB) initiated by a payment gateway/bank, the following scenarios may occur:

1. Item not received CB: The buyer has not received the item. A refund will be processed in accordance with the dispute policies.
2. Unauthorized CB: The buyer denies making the specific transaction. A refund will be issued following the dispute policies.

The accurate and comprehensive issuance of an invoice is the exclusive and principal responsibility of Craft Essence.

3. Item not as described: This situation arises when the item received does not match the buyer’s expectations. The dispute will be resolved in accordance with the established dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not subject to Craft Essence regulation. While Craft Essence encourages Users to maintain professionalism, courtesy, and respect in email communication, certain types of unwanted emails that violate Craft Essence policies may be investigated, and appropriate action may be taken.

Instances that may lead to investigation and action include:

1. Threats of Bodily Harm: Users are not allowed to send explicit threats of bodily harm.

2. Misuse of Craft Essence System: While Craft Essence permits Users to facilitate transactions through its system, any misuse of this service will be investigated.

3. Spoof (Fake) Email: Craft Essence will never request sensitive information through email. If users receive any spoof (fake) emails, they are encouraged to report them through the ‘Contact Us’ tab.

4. Spam (Unsolicited Commercial Email): Craft Essence’s spam policy pertains to unsolicited commercial messages sent by Craft Essence Users. Sending spam messages to other Users is not permitted.

5. Offers to Buy or Sell Outside of Craft Essence: Craft Essence prohibits email offers to buy or sell listed products outside of its website, as such offers pose a potential fraud risk for buyers.

Craft Essence’s policy explicitly forbids user-to-user threats of physical harm through any method, including phone, email, and public message boards.

Violations of this policy may result in various actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status

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