The website accessible at https://www.starkado.com (hereinafter the "Site") is published by:
Company name: Starfruit, société par actions simplifiée (SAS)
Share capital: 1,000 euros
Registered office:
RCS: Avignon – No. 951 108 778
Intra-community VAT number: FR51951108778
Email:
Phone:
Publication director: , President
Editorial manager:
2. Hosting Provider
The Site is hosted by:
Company name: Amazon Web Services EMEA SARL
Address: 38 avenue John F. Kennedy, L-1855 Luxembourg
Website: https://aws.amazon.com
3. Purpose of the Site
The Starkado Site allows users to create, manage, and share gift lists, wish lists, and personal wishlists.
Products referenced in lists are offered for sale by third-party sites (such as Amazon or other online merchants). Starfruit is not a party to the sale of these products and does not intervene in the contractual relationship between the buyer and the third-party site. Any claim related to a purchase must be addressed directly to the relevant seller.
4. Affiliate Links
In the context of using the Site, certain links pointing to merchant sites (notably Amazon via the Amazon Associates programme) may be affiliate links. This means that Starfruit may receive a commission on sales made through these links, at no additional cost to the buyer.
This information is provided in accordance with the transparency obligation imposed by applicable regulations on commercial practices.
5. Site Access – Availability
Starfruit uses its reasonable best efforts to ensure access to and proper functioning of the Site 24/7.
However, access to the Site may be interrupted, restricted, or degraded at any time, in particular in the event of:
corrective or developmental maintenance;
technical or functional updates;
an incident, failure, or hardware or software malfunction;
force majeure, third-party actions, network congestion, or any event beyond Starfruit's reasonable control.
The Site and its services are provided on a best-efforts basis. Starfruit does not guarantee that the Site will be permanently available, free from errors or bugs, or that any fault will be corrected within a set timeframe. The user acknowledges that they use the Site "as is" and at their own risk.
6. Starfruit's Role – Publisher and Hosting Provider Status
Starfruit acts in two distinct capacities:
Publisher: for the content it creates and publishes directly (institutional pages, interface, presentation texts, etc.);
Hosting provider: for content published by users (lists, texts, images, links, comments, etc.), within the meaning of LCEN (Loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique).
As a hosting provider, Starfruit is not subject to any general obligation to monitor user-published content, nor to actively seek out facts or circumstances indicating unlawful activities (Art. 6-I-7 LCEN).
Starfruit reserves the right to delete or make inaccessible any manifestly unlawful content or content not compliant with the Terms of Service, once it has become aware of it, in particular following a notification in accordance with applicable legal provisions.
7. Intellectual Property
The Site and all its components – including the visual identity, architecture, texts written by Starfruit, logos, icons, and all other distinctive elements – are the exclusive property of Starfruit or are subject to a regularly granted licence, and are protected by French and international laws on intellectual property.
Any reproduction, representation, modification, adaptation, translation, or exploitation, in whole or in part, of these elements, by any means whatsoever, without prior written authorisation from Starfruit, is strictly prohibited and would constitute an infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.
The user guarantees that they hold all necessary rights to the content they publish on the Site (texts, images, links, etc.) and that it does not infringe the rights of third parties.
8. Information and Content from Third-Party Sites
Lists created on the Site may contain links to third-party sites (in particular merchant sites). Information relating to products (price, availability, characteristics, visuals, customer reviews, etc.) comes from these third-party sites and is subject to change at any time without Starfruit being informed.
Starfruit does not guarantee the accuracy, completeness, currency, or reliability of information from third-party sites. Starfruit cannot be held liable for any loss resulting from inaccurate, outdated, or misleading information appearing on a third-party site or in a list populated from that site.
Users and persons viewing lists are encouraged to verify directly on the merchant's site any relevant information (price, stock, delivery charges, return conditions, guarantees, etc.) before making any purchase.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Starfruit, its officers, employees, and agents shall not be held liable for:
indirect, consequential, or special damages such as data loss, loss of chance, loss of revenue, loss of contracts, or reputational harm;
damages resulting from non-compliant use of the Site, the ToS, or the law;
damages attributable to a third party or to force majeure;
loss arising from total or partial unavailability of the Site, compatibility issues, or performance problems;
any dispute relating to transactions concluded between the user (or their friends and family) and third-party sites (in particular Amazon or other merchants): product defects, delayed delivery, cancellation, non-conformity, etc.
Starfruit's aggregate liability, regardless of the cause, is strictly limited to the greater of: (i) amounts actually paid by the user to Starfruit during the twelve (12) months preceding the event giving rise to the claim, or (ii) the sum of 50 euros.
These limitations do not apply where the law prohibits the exclusion or limitation of liability, including in cases of personal injury caused to a natural person, or in cases of gross negligence or wilful misconduct by Starfruit.
10. Personal Data and Cookies
The processing of users' personal data is governed by Starkado's Privacy Policy, accessible from the Site and constituting a document separate from this Legal Notice.
In accordance with the General Data Protection Regulation (GDPR – EU 2016/679) and French Act No. 78-17 of 6 January 1978 as amended (the "Data Protection Act"), users have the right of access, rectification, erasure, portability, objection, and restriction of processing of their data, as well as the right to lodge a complaint with the CNIL (French Data Protection Authority).
11. Applicable Law and Jurisdiction
This Legal Notice is governed by French law.
In the event of a dispute, and failing an amicable resolution, the courts within the jurisdiction of the Cour d'appel d'Aix-en-Provence shall have jurisdiction, subject to mandatory rules protecting consumers (in particular for consumer disputes falling within the jurisdiction of a local court or the court of the consumer's domicile).