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Conditions d'utilisation

Please read these Terms of Sale carefully before ordering Products online from Stake Platform.

1. APPLICABILITY


1.1. This website is operated by Medium Rare Limited, a company duly incorporate under Cyprus Law, with register number HE 410775, and with registered address at 7-9 Riga Feraiou, Lizantia Court, Office 310, Agioi Omologites, 1087 Nicosia, Cyprus (hereinafter referred to as “Stake”, “our”, “we” or “us”).

1.2. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by this Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

1.3. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Sale create a legally binding agreement between you and Stake, regarding orders placed for products available on the Platform. The Terms of Service posted on the Platform at the time you place your order on the Platform will govern that purchase.

1.4. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.5. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.

1.6. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. ELIGIBILITY
2.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence.

2.2. You may not use our products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).

3. HOW TO ORDER
3.1. You confirm you have fully understood the terms and conditions and believe the goods are suitable for you by placing the order. We don’t accept any exchanges exept the goods were damaged/defective when you received it.

3.2. You will need to provide your valid delivery address along with the full payment to facilitate a successful order placement.

3.3. Fail to provide a valid address would cause significant delay and you agree to save us from the any liability caused by the delay including but not limited to return, refund and reimbursement.

3.4. You agree us to seize the items in case the payment is charged back afterwards, or we are advised by the payment service provider that the payment is fraudulent.

4. REFUSAL RIGHT
4.1. We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavors to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we
have received it or sent you an Order Confirmation, which we reserve the right to do at anytime. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

5. DELIVERY
5.1. Subject to availability, and unless there are any exceptional circumstances, we will endeavor to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation.

5.2. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.

5.3. If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. With regard to the virtual gift card, we will send it on the date indicated by you when you place your order.

5.4. Please note however that we do not deliver on Saturdays or Sundays and public holidays.

5.5. For the purpose of these Terms, "delivery"; or "delivered"; shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.

6. NON-DELIVERY OR ABANDONED PARCELS

6.1. If we are unable to deliver, your items will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day.

6.2. If your order has not been delivered for reasons not attributable to us, or you have not collected it from the store (where your chosen delivery method was store collection) we will contact you, and if after 30 days from the date when the order was made available to you, if remains uncollected or you refuse to collect it, it will be deemed to have been abandoned by you. For further information, please contact us via Customer Services.

7. PRICES & PAYMENT

7.1. Prices for our products are subject to change without notice.

7.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

7.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or  discontinuance of the Service.

7.4. Payment methods are also subject to the availability, and we may change it without notice. If you have experienced a payment failure and you believed there is a direct loss caused, please contact us at Store@stake.com for assistance. Consequential loss is not attended.

8. RETURNS POLICY

8.1. You may cancel your order for any reason up to 30 days from the date on which you receive the Shipping Confirmation, by notifying us of your decision to cancel using the following contact details: Store@stake.com . We do not accept return of orders outside the US.

8.2. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you have been charged for any items, then we will process a refund via your original payment method.

8.3. If we accept your returns later than 30 days from the date on which you received the Shipping Confirmation (we may, but we are not required to), we will refund you. Please note that this does not apply to items which were defective when purchased from us, for which you will be refunded via your original payment method.

9. REFUND

9.1. Refund would be done via your original payment method. Please be informed we do not refund to any third party but where it was originally paid from.

10. NO PURCHASE FOR RESALE

10.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

10.2. The Platform is intended solely for Stake to sell Stake products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Stake product by someone who resells, or intends to resell, the Stake product to others (consumers, businesses or any third party). If Stake believes you are involved in purchase for resale, Stake reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

11. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

11.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

11.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

12. PRODUCTS OR SERVICES
12.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

12.2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor display of any color will be accurate.

12.3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case- by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time.

12.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

13. ACCURACY OF BILLING AND ACCOUNT INFORMATION

13.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‐mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

13.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

14. OPTIONAL TOOLS

14.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

14.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

14.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

14.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

15. THIRD-PARTY LINKS
15.1. Certain content, products and services available via our Service may include materials from third-parties.

15.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

15.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
16.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

16.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

16.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‐mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17. PERSONAL INFORMATION

17.1.
Your submission of personal information through the store is governed by our Privacy Policy. To
view our Privacy Policy.

18. ERRORS, INACCURACIES AND OMISSIONS

18.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

18.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19. PROHIBITED USES

19.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

20. EVENTS OUTSIDE OUR CONTROL

20.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.
g) Any shipping, postal or other relevant transport strike, failure or accidents.

20.2. Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

21. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

21.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.

21.2. We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.

21.3. You agree that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.

21.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'available'; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

21.5. In no case shall Stake, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

22. INDEMNIFICATION
22.1. You agree to indemnify, defend and hold harmless Stake and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.

23. SEVERABILITY

23.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

24. ENTIRE AGREEMENT

24.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

24.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

25. GOVERNING LAW

25.1. The use of our website and the Contracts for the purchase of items through such website will be governed by English law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the English courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such. If you live in Scotland you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the items in either the Northern Irish or the English courts. If you live in the Isle of Man you can bring legal proceedings in respect of the items in either the Isle of Man or the English courts.

26. CHANGES TO TERMS OF SERVICE

26.1. We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you. We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.