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I dont want to enter a contract when consuming your product..

⁨1098⁩ ⁨likes⁩

Submitted ⁨⁨2⁩ ⁨weeks⁩ ago⁩ by ⁨Brunette6256@sh.itjust.works⁩ to ⁨mildlyinfuriating@lemmy.world⁩

https://sh.itjust.works/pictrs/image/e9f377aa-3bdf-4949-954a-8784bbcf7542.jpeg

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Comments

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  • zkfcfbzr@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    It says you’re bound by “opening and using” the product, rather than “opening or using”. Have someone else open it for you. Then neither of you have done both.

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    • naught101@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Thus is the kind of legalistic bullshit interpretation I can get right behind

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    • kautau@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Image

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    • Truscape@lemmy.blahaj.zone ⁨2⁩ ⁨weeks⁩ ago

      Contractual malicious compliance let’s go

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      • finitebanjo@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        Yeah but just ro be clear, the terms are likely there for a reason and using this product probably has risks associated.

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    • undefined@lemmy.hogru.ch ⁨2⁩ ⁨weeks⁩ ago

      I think it should be “and/or” because if it’s just “or” than the terms would only apply if you either open it or use it.

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      • cornshark@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        No, that’s xor

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    • SimpleMachine@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

      Go one step further and have someone under 18 who cannot legally enter into a contract open it haha

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    • bdonvr@thelemmy.club ⁨2⁩ ⁨weeks⁩ ago

      I think having someone open if for you still counts. You’d have to already find one opened.

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      • Taleya@aussie.zone ⁨2⁩ ⁨weeks⁩ ago

        Leave it in a workplace fridge with a clear sticker saying “MIKES DO NOT TOUCH”

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  • wizardbeard@lemmy.dbzer0.com ⁨2⁩ ⁨weeks⁩ ago

    This is Vital Proteins brilliant response to being taken to court over heavy metal and “foreign materials” contamination in their products.

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    • Brunette6256@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

      This is Vital Proteins brilliant response to being taken to court over heavy metal and “foreign materials” contamination in their products. Do you have any supporting links? I saw a reddit post saying something similar but I cant find a real article or support. Either way I am returning the product.

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      • athairmor@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        oag.ca.gov/system/files/…/2017-02480C5316.pdf

        Found searching ‘“vital proteins” lawsuit’

        Sued by an environmental nonprofit for failing to warn about the presence of lead and heavy metals as required by CA law. They settled.

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      • relativestranger@feddit.nl ⁨2⁩ ⁨weeks⁩ ago

        perhaps related to this?
        health.com/vital-proteins-collagen-peptides-recal…

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    • PostaL@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      I’m sure they definitely didn’t think removing all those pesky “foreign materials” and next-gen metals from they products…

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  • SonOfAntenora@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Mandatory arbitration agreement for a protein shake or whatever it is. First it may not be enforceable. Second it makes me think that this product is not fit for consumption.

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    • S0ck@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      I wonder if we’re not fucking ourselves.

      “Not enforceable” may have been a thing of the past, with the way technology has developed. We may be approaching a point where terms & conditions ARE enforceable.

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    • buttnugget@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      I honestly think it’s just a ridiculous ploy and that the product is fine. We need a proper regulatory system instead of this junk. I do think it’s unenforceable though.

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  • MacStache@sopuli.xyz ⁨2⁩ ⁨weeks⁩ ago

    Isn’t that an illegally forced agreement? I mean, the consumer already bought the product and is forced to enter an agreement after the fact? At least it feels like it would be illegal.

    It’s the same with software, sure, but somehow I’ve been brainwashed into thinking it’s ok because it’s a digital product/I only agree to a license of said product.

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    • TheEighthDoctor@lemmy.zip ⁨2⁩ ⁨weeks⁩ ago

      If this is in the US you are 1 year away before companies can run Squid Games “illegally forced agreement” is a thing of the past

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      • DeathByBigSad@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago
        [deleted]
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      • jumping_redditor@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

        awesome, I hope the hunger games are only a few decades away

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    • wieson@feddit.org ⁨2⁩ ⁨weeks⁩ ago

      Def illégal in Germany. You can’t force an arbitration agreement.

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  • Allero@lemmy.today ⁨2⁩ ⁨weeks⁩ ago

    Add to this the fact they try to enforce mandatory arbitration - a thing that shouldn’t ever exist to begin with, in any jurisdiction, and is actually unenforceable in many.

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    • lauha@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      In most of Europe, no contract can take away legal rights

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      • InternetCitizen2@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        Same in the USA, but that doesn’t mean they won’t try.

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      • Allero@lemmy.today ⁨2⁩ ⁨weeks⁩ ago

        Exactly

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      • Strider@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        This, and contract details that are shown after opening the packaging (as seen here covered by the lid) are void.

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    • JuxtaposedJaguar@lemmy.ml ⁨2⁩ ⁨weeks⁩ ago

      It doesn’t matter if you can’t afford the lawsuit.

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      • dan@upvote.au ⁨2⁩ ⁨weeks⁩ ago

        The legal system in Australia is better because if you win a lawsuit, the losing side usually has to pay your legal fees. As a result, there’s far fewer frivolous lawsuits.

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      • Allero@lemmy.today ⁨2⁩ ⁨weeks⁩ ago

        Then lack or presence thereof won’t help you, either.

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  • kryptonianCodeMonkey@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    No way this is legally binding. It amounts to a bait and switch. A product was purchased and provided without agreement to any further terms. Then they sneak in supposed terms after the fact based upon the action of opening the product. That is a change in agreement made without any consideration for the purchaser. That’s not generally allowed in contact law.

    Furthermore, I really doubt that they can get away with the argument that the act of opening a product can constitute any amount of conscious agreement to some writing on a package. If for no other reason than that this is (afaik) a novel way to attempt to coerce agreement such that nobody would expect such an agreement to be part of the opening process abs likely won’t notice it. And it’s not accessible for every person who may be using this product even if they do notice the words. Are you a non- English speaker? Blind? Illiterate? Would you have any way to even be aware that those words are terms that somehow binding you to an agreement by virtue of your opening the thing you just bought? Would you have any reason to even suspect that that is the case? Also, they’ll undoubtedly claim that the fact that you have the opened product means that you agreed to the terms, but that is also not the case. Your mom opened it for you and wrapped it as a gift? You bought it secondhand? The packaging was torn and you never had any reason to see this text in the first place? It was misprinted? Any of those things and more would mean you never agreed to anything.

    Just stupid. I have zero doubt that any number of lawyers would love take this to court and get that payday.

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    • thermal_shock@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Absofuckinglutely

      If I bought it and got home and found this, I’d return it as I have before. You’re not trapping me into agreeing for anything without the notice on the OUTSIDE of the product packaging. Fuck this

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      • Bosht@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        Plus it speaks volumes to the product itself. If they’re trying to pull shit like this there’s no way I’m trusting whatever they’re trying to get me to put in my body.

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    • Taleya@aussie.zone ⁨2⁩ ⁨weeks⁩ ago

      All it does is prove to the purchaser that the fuckers don’t trust the basic safety and fitness for use of their product. Spectacular self own.

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    • VindictiveJudge@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      It actually does have legal precident. You know how you can’t read or accept the EULA for software until after you purchase it?

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      • kryptonianCodeMonkey@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        They get away with stuff like that when they have sold you a “license” to their software, rather than something you gave actually purchased outright. It is argued that a license is a an agreement to access a software product, rather than ownership of it, and putting an EULA in between your license purchase or changing it later doesn’t affect your purchase because you continue to hold the license even if you choose not to agree to the terms necessary to use it. It’s a bit different for a physical item that you have actual ownership over, not a license to use it (pending agreement).

        I also find all of that to be loophole bullshit that should be fixed, but that’s a separate issue.

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      • YiddishMcSquidish@lemmy.today ⁨2⁩ ⁨weeks⁩ ago

        While true, the software put it in your face and forces you to interact with a screen that says “EULA”. I doubt using a consumable as intended will hold any jurisprudence. But then again look who we have appointing judges right now…

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    • buttnugget@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Yep, I was just agreeing with someone else saying this is unenforceable. Just a ridiculous ploy and an attempt to make it precedent.

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  • HikingVet@lemmy.ca ⁨2⁩ ⁨weeks⁩ ago

    Would love to see them try and enforce whatever EULA they wrote up.

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    • IphtashuFitz@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      They’ll drag out any legal challenge in hopes you won’t want to pay for months of legal fees fighting it, on top of whatever legal fees are incurred that caused you to challenge it in the first place…

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      • orclev@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        Sometimes mandatory arbitration doesn’t work out so well for companies either as Valve found out. When they run into what are effectively class action lawsuits but they get forced into individual arbitration with hundreds of thousands of people that clause starts to look really dumb.

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  • Tetragrade@leminal.space ⁨2⁩ ⁨weeks⁩ ago

    By reading this comment, you agree to be bound as my eternal thrall, and wear a maid dress for my amusement.

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    • answersplease77@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Ugh damn it man. okay pm me your address

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      • Tetragrade@leminal.space ⁨2⁩ ⁨weeks⁩ ago

        im good

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    • RoyaltyInTraining@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      So when do I get the dress?

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      • Tetragrade@leminal.space ⁨2⁩ ⁨weeks⁩ ago

        Post your P.O box and I’ll send it over.

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    • UltraGiGaGigantic@lemmy.ml ⁨2⁩ ⁨weeks⁩ ago

      Where can I put my case of beer, bed and computer?

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    • mojofrododojo@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      wear a maid dress for my amusement.

      when you see my hairy ass stuffed into a maid dress and claw your eyes out, it’ll be my amusement then. almost worth the dress…

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  • BigDanishGuy@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

    There’s an easy solution: keep buying it, break the seal too get the message, then return it. Have your friends do the same, at the same store. Pretty soon that product will be gone and you can move on to the next store.

    If the store starts to bitch about it, you can claim that you wanted to see if the statement had been removed.

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  • finitebanjo@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Forced Arbitration should be illegal everywhere.

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    • YiddishMcSquidish@lemmy.today ⁨2⁩ ⁨weeks⁩ ago

      Usually is

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  • hakunawazo@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Time to use the box cutter and open it from the bottom.
    Image

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    • sunbytes@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Yeah they really slipped up by saying “and” using it, as opposed to “or”.

      I’m going to gnaw into it like a little rat.

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  • Part4@infosec.pub ⁨2⁩ ⁨weeks⁩ ago

    Is there a bigger red flag than a message on it saying ‘if you break this seal you can’t sue us!’

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    • muhyb@programming.dev ⁨2⁩ ⁨weeks⁩ ago

      Ackchyually, that makes it easier to sue them.

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      • muusemuuse@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

        Attorney: -calls witness, a physicist- Physicist: “by simply observing this product, even without opening it, your clients life was changed in some way.” Attorney: “crazy label people, pay up!”

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  • Rhynoplaz@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    That’s concerning.

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  • TheCleric@lemmy.org ⁨2⁩ ⁨weeks⁩ ago

    I hope you returned that shit. That’s not mildly infuriating, that’s capitalism has officially run amok and needs to be taken out back and shot in the head

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  • thrawn@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Vital Proteins got bought out by Nestle and almost immediately turned to shit iirc

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    • Tail11@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      I didn’t know this—time to shop for a new collagen supplement.

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  • antsu@lemmy.wtf ⁨2⁩ ⁨weeks⁩ ago

    “By opening AND using this product (…)”

    Have someone else open it for you, then consume the product yourself. Boom, no contract. Checkmate, lawyers!

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    • mojofrododojo@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      hand it to a baby. it’s like the cursed weapon loophole.

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      • bold_atlas@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        And loose your right to claim the Amazon $5 gift card? You’ll fold.

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  • DaddleDew@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Interesting how we’ve all become accustomed to the notion that “agreeing to arbitration” has just become “waving your consumer rights” and no one questions whether this should be legal to begin with.

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    • Bronzebeard@lemmy.zip ⁨2⁩ ⁨weeks⁩ ago

      no lawmaker is pushing to have that fixed.

      …wikipedia.org/…/Forced_Arbitration_Injustice_Rep…

      Was reintroduced several times, Passed the house once. Republicans keep killing it in committee.

      There’s also the Justice for workers Act specifically for work l employee force arbitration, more recently

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  • Albbi@lemmy.ca ⁨2⁩ ⁨weeks⁩ ago

    Holy shit. How does this not just reduce their sales to 0?

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  • AlteredEgo@lemmy.ml ⁨2⁩ ⁨weeks⁩ ago

    There should be an “protest buy” action to any the products that do this bullshit. A large group of people buy the products and then return them to the store for a refund. Especially for perishable goods, this would make them worthless. Which would make stocking such products a loss and force the vendors and manufacturers to cut the shit out.

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  • Gradually_Adjusting@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    At the board meeting, I want to hear when they decided to broadcast that they’re expecting to get sued, but in a really cute way

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  • zr0@lemmy.dbzer0.com ⁨2⁩ ⁨weeks⁩ ago

    Open it from the bottom.

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  • captainastronaut@seattlelunarsociety.org ⁨2⁩ ⁨weeks⁩ ago

    A good attorney could argue that drilling a hole in the side of the carton does not constitute opening the package.

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  • Tolookah@discuss.tchncs.de ⁨2⁩ ⁨weeks⁩ ago

    Now that it’s opened slightly, return it “immediately”

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  • hungryphrog@lemmy.blahaj.zone ⁨2⁩ ⁨weeks⁩ ago

    This isn’t mildly annoying, this is corporate hellscape.

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  • CosmicTurtle0@lemmy.dbzer0.com ⁨2⁩ ⁨weeks⁩ ago

    Shit like this is rarely enforceable but in order to find out, you need to have money.

    What I like to do is clap back and send them my own terms and conditions, with the stipulation that if they don’t write back, then they are accepting them.

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  • expatriado@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    all that jazz for a protein supplement?

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  • Addition@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

    That’s how you KNOW they’re putting sawdust and filler in their products.

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  • nimble@lemmy.blahaj.zone ⁨2⁩ ⁨weeks⁩ ago

    Relevant lockpicking lawyer video

    Tap for spoiler

    His wife cuts it open from the bottom

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  • mvirts@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Lol too bad they only wrote it in English

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  • davidgro@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    Obvious solution is to not only return that one, but then go to a different brand of store, buy a bunch, then return them the next day. Repeat for each kind of store you can reach that sells them.

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