TERMS OF USE

Welcome to our website www.characastro.com! Here you shall find a unique selection of high-quality socks and other textile products with distinctive design that combine unusualness, good mood and comfort!

These Terms of Use shall apply between the customers and the administrator of the website in relation to the sale and delivery of products through the website.   

By accessing, viewing or using in any manner this website and its services, You confirm that you have been aware of and accept unconditionally to be bound by these Terms. If you disagree on these Terms, please do not use this website and its services.

I. Definitions

“Terms of Use”, “Terms”, “ToU” – the terms governing the relations between the Customers, on one side, and the Administrator, on the other side, in relation to accessing, viewing and using the Website and its Services.

“Website”, “Site” – the website with address (URL) www.characastro.com in addition to any sub-pages, APIs, mobile and other related software applications. 

“Administrator”, “We” – the legal person that manages and maintains the Website: “Chara Castro” EOOD, entered into the Commercial register at the Registry Agency, Bulgaria, with UIC 206418439, with its registered seat and address of management: 8000 Burgas, 74 Probuda Str., floor 2, apartment 6. 

“User”, “Customer”, “You” –  any person that visits and views the Website as well as uses the Services. 

 “User account” – the set of data associated with any registered User using the Services of the Website.

“Services” – any and all services, resources and functionalities that are offered on the Website and can be accessed by the Users.

“Products” – products and items (socks and other textile products) offered through the Website.

II. Acceptance, validity and scope of the Terms of Use

1. By accessing, viewing, registering or using in any manner this Website and its Services, You confirm that you have been aware of and accept unconditionally to be bound by these Terms, the Privacy Policy and other rules and regulations of the Administrator in writing, published on this Website.  
2. These Terms shall be considered a legal agreement which is binding for the Users and the Administrator. Their relations shall be governed by these Terms, the Privacy Policy and other rules and regulations of the Administrator in writing, published on this Website, which constitute an integral part of these Terms and are mandatory and binding as them. 
3. These Terms shall apply to both registered and unregistered Users. These Terms do not govern any matters stemming from or relating to the provision of links to other websites, ads, services, products and software of third parties so long as they are not provided and thereby controlled by the Administrator.
4. The Administrator reserves the right to amend or edit these Terms at any time. Users will be notified for such amendments by the publication of the updated Terms on the Website with a date of the latest update as well as by direct communication with the Users when required by law. Any amendment shall enter into force and become valid from the moment of its announcement. If the User disagrees on the new updated version of these Terms, they shall not continue using the Website and its Services. If the User continues using the Website and its Services, it will be considered that they have agreed with the latest published version of these Terms. 
5. The Administrator provides complete and correct information on the Website with all due care. It is possible to experience certain deficiencies or imprecisions due to human or technical error.
6. In case the Users have any doubts about the quality of the Services or the Site’s content or reliability, they shall not continue using the Website and its Services. In all other cases and despite the said doubts and reservations, if the User continues using the Website and its Services, the full responsibility for this decision is on the User. 

III. Services

7. The Website provides the Users with the opportunity to order Products online from an e-shop with web address (URL) www.characastro.com. The Products purchased through the Website shall be delivered to an address chosen by You.
8. The Website offers to the Users a wide range of consumer Products which include high-quality socks and other textile products and items. The Products are made by the Administrator’s unique designs and with specially selected materials that provide comfort when wearing. The Administrator reserves the right to enlarge the catalog of Products offered on the Website or to cease the sale of certain Products. 
9. The Products offered on the Site can be ordered and selected according to different parameters and to the Customer’s wish and with the aim for an easier find as there is an integrated search engine on the Website. 
10. In every Product’s description, there is information about it, including but not limited to its price, material, size, etc. The Products’ offers are accompanied by images as well. 
11. The User shall bear full responsibility for their choice of Product as well as whether it lives up to their expectations in terms of the Product’s type, functionalities and its purpose. The Administrator shall provide and the Users shall use the Services the way they are presented according to the terms, rules and parameters published on the Website. The Users use the Website, its Services and resources by their own wish, at their own risk and responsibility.

12. Placing orders. Distance selling agreement

12.1. In order to place a purchase order through the Website, the User must follow the steps for online purchasing a Product by first clicking the button “Add to cart” located next to the Product image and then following the instructions on the Website to finalize the order. 

12.2. Before finalizing the order, the User may review the chosen items in the cart, the final total amount of the order, to make changes in types and/or number of Products or to cancel the order.

12.3. By confirming the chosen items in the cart and the payment method and by clicking the button “Place order” and upon the receipt of confirmation by the Administrator, your order shall be considered finished and the distance-selling agreement shall come into force from that moment. 

12.4. All purchase orders depend on Products’ availability and feasibility. In this regard, should any difficulties arise in relation to the delivery of Products or such are no longer available, We reserve the right to provide You with information about substitute Products of the same or higher quality or value which You can order. If the User does not want a substitute, the Administrator shall refund the purchase price.

13. Prices. Payment

13.1. The purchase price of the Products offered on the Website is in Bulgarian leva, VAT and fees included. The Administrator reserves the right to change the purchase price at any time and without prior notification.

13.2. The purchase prices are valid till the date as set on the Website or till their next update is made at the Administrator’s sole discretion. 

13.3. The total amount of the purchase order for each and every order due by the User shall include all expenses and fees related to the purchase and the supply and shall be presented to the User before confirmation of the purchase order. 

13.4. The payment methods are as set in these Terms and in the information available to the User on the Website. You can choose to pay Your order via one of the following payment methods: (а) bank transfer; (б) cash, paid on delivery or any other method that may be entered by the Administrator and described on the Website.

13.5. In case of payment by bank transfer, if the payment is not approved, the Administrator is not responsible, We are not responsible for delay or failure to deliver, or for any damages caused as a result of unauthorized or unlawful access to personal data and transactional information provided by You upon placing an order. In such case, You should turn to Your bank and request additional information. 

13.6. When paying in cash, You shall pay the amount of the order (the purchase price and delivery fee) to the courier on delivery. You shall obtain a payment document (invoice) as required by law which certifies the Products’ delivery.

13.7. Depending on the selected payment method, it is possible to administer additional fees and charges as imposed by the respective payment system operator. It is advisable to get familiar with the terms of service and tariffs so that the most suitable and economic payment method is selected.

14. Delivery

14.1. The delivery of the Products is performed by the courier company specified on the Website. Delivery costs are calculated according to the tariff of the respective courier company and are at the Users’ expense. 

14.2. The deadline for delivery depends on the respective courier company’s terms, workload and policies. The Administrator is not responsible for setting a concrete time of delivery. Deliveries are run within the working hours of the respective courier company. Exceptionally, due to reasons beyond the Administrator’s control, the deadline for delivery may be extended.

14.3. For the purposes of these Terms of Use, “delivery” shall be considered successfully completed and the Products shall be deemed “delivered” immediately after the User or an authorized third person takes physical possession of the Products, which is proved with signing a document certifying that the Products ordered through the Website have been delivered to the User at the address provided by the User. 

14.4. In case the User has ordered several Products through the Website within one purchase order, every one of the Products might be delivered at different times. 

14.5. It is possible that the delivery costs may vary according to the concrete address provided by the User. Before finalizing the purchase order, the User shall be able to see the final amount of delivery costs.

IV. Access and registration. User account

15. Access to the website is open to both registered and unregistered Users.

16. Users can register on the Website and create a User account with an email or by using their Facebook profile. Having a User account is not mandatory in order to place purchase orders through the e-shop on the Website. In such case, the User shall place purchase orders as a guest. 

17. When registering on the Website with an email, the User shall fill in all required fields in the registration form. The User is responsible for providing true, correct and complete information in compliance with the requirements about the required data upon the registration. By agreeing with these Terms, the User shall bear the responsibility for any actions and/or inactions whatsoever referring to the use of their User account on the Website. 

18. Upon creating a User account, the User is not allowed to: (а) use another person’s email or user name with the intention of claiming to be that person; (б) use a user name, subject to another person’s rights, without explicit permission; (в) use an email or a user name that is indecent, insulting or otherwise inappropriate.

19. The Administrator shall have the right to delete each and every User account, all registration details thereof and any other information provided by the User through the Website (user content), at any time and without prior notification, when the User has allegedly breached these Terms or provisions of the applicable legislation. The Administrator is not responsible for any damages or losses caused as a result of deleting user content from the Website and its Services. 

20. The User can delete their User account at any given time. The Administrator reserves the right to temporarily or permanently restrict or block the User’s access to the Website and its Services when there are reasonable grounds.

21. The Administrator is not responsible for any damages or losses caused by the User’s inability to preserve the confidentiality of their password.

V. Rights and obligations

22. User’s rights and obligations

22.1. The User shall:

a) Use the Services and resources of the Website lawfully, according to their purpose and in compliance with these Terms, and shall provide true personal information, and shall not use other person’s identity, shall not create User accounts through automatic means or shall not otherwise attempt to mislead others about his/her identity upon contacting any other natural person or legal entity, shall not mislead or delude about the origin of any file, message or other communication originating from the User. The User shall immediately notify the Administrator of any unauthorized use of their User account;

b) Have access to the Services and resources of the Website through the technologies and the means provided by the Administrator, realized through the normal functionality of the Website; 

c) Not use, reproduce, copy or distribute, in whole or individual parts of, the Website and/or its published content with any purpose whatsoever (commercial or non-commercial), except the permitted use explicitly specified in these Terms;

d) Stay informed about any changes, updates and amendments of the Website, its Services and resources, via the information published on the Website;

e) Not use the Administrator’s trademark and shall not infringe other Administrator’s or third parties’ intellectual property rights. 

22.2. The User shall have the right:

а) To use the Website and its Services lawfully, according to its purpose and in compliance with these Terms of Use;

b) To create his or her own User account and make changes to it in compliance with these Terms of Use;

c) To terminate the use of the Website and its Services, at his or her own count and wish, and to request deleting /erasure/ of his or her User account;  

d) To select a payment method freely among the payment methods as specified on the Website; 

e) To return a Product or Products purchased through the Website in compliance with the terms and conditions set in section 23 of these Terms;

23. Return policy

23.1. The User has the right to return a Product purchased through the Website, with no due compensation or penalty and without specifying a concrete reason for the return, within a period of 14 days from the date of receipt of the purchased Product. In order to exercise your right to withdrawal from the distance selling agreement, it is mandatory to notify the Administrator within the specified 14-day period. The right to withdrawal can be exercised by filling in the contact form available on the Website. The Administrator shall send a confirmation to the User for having received the request for withdrawal and return. 

23.2. The right to return a Product cannot be exercised when the Product has been custom-made or tailored for pursuant to Art. 57, point 3 under the Consumer Protection Act. 

23.3. The 14-day period for exercising the right to withdrawal and return of the purchased Product runs from the day upon which the User or an authorized third party takes possession of the Product or, in case of a delivery of several Products purchased within one single order – the 14-day period runs from the day the last Product has been delivered. 

23.4. Upon exercising his or her right to withdrawal and return, the User shall be obliged to return the delivered Product to the Administrator within 14 days running from the day when the User notifies the Administrator about his or her withdrawal from the distance selling agreement. 

23.5. The User shall pay only the direct costs for returning the purchased Product pursuant to Art. 55, Para. 2 under the Consumer Protection Act.  23.6. The purchased Products are eligible for return when they comply with the following legal requirements: 

(a) the Products must be in their original package and their commercial presentation intact (Products with torn package, removed labels, missing parts, etc. are not eligible for return); 

(b) the Products have not been used;

(c) the Products are accompanied by all documents presented upon delivery, including but not limited to a receipt, an invoice, manual instructions, etc. 

23.7. The User agrees that the Administrator refunds the returned Products, delivery costs included, within 14 days upon notification about the User’s exercising the right to withdrawal and return. The Administrator shall use the same payment method for the refund as the one used by the User upon the initial transaction except when the User has provided the Administrator with his or her explicit consent to use another payment method and in case this other payment method is not burdensome for the User.

24. Complaints 

24.1. The Products should be inspected by the User at the time of receipt. Insignificant differences in color, size and appearance as compared to the image of the respective purchased Products in the catalog on the Website are not considered defects. Accepting the Product upon delivery shall mean that the purchased Product has been inspected by the User and the User does not have any reservation or objections about defects and its overall state. 

24.2. User complaints for Products purchased through the Website shall be considered legitimate in the following cases:

(a) In the case of Products with defects or with a damaged commercial presentation, the User has the right to receive another Product that complies with the distance selling agreement. The Administrator undertakes to replace the defective Product with a new one. In case no substitution is possible, the Administrator shall inform the User within a reasonable time and shall make a refund via a bank transfer. (b) The delivered Product is different from the one ordered through the Website. In such cases, the procedure referred to in point (a) shall apply.

24.3. User complaints for Products which have been used for a purpose other than their normal purpose, or have been used or transported in an inappropriate manner, or have been repaired by the User or a third party, or which have been damaged due to User’s negligence or in case of non-observance of the manufacturer’s instructions and advice, shall not be accepted.

24.4. The consumer has the right to file an oral or written complaint before the Administrator or an authorized third person for a Product purchased through the Website when the said Product does not comply with the distance-selling contract. Upon filing a complaint, the User may claim to align the Products in accordance with the distance selling agreement, to reduce the price or to cancel the contract and refund the amount paid.

24.5. The User has the right to file a complaint for Products purchased through the Website within 30 days from the delivery of the Products. 

24.6. As of 01.01.2022, the regulation for sale of consumer goods under the Law for provision of digital content and digital services and sale of goods shall be applied, including the complaint proceedings for consumer goods.

25. Commercial guarantee

25.1. The Products have a commercial guarantee within the warranty period provided for the respective goods by law. The Administrator undertakes to replace a defective Product subject to claim by the User with another one, at its own expense. In case the Administrator fails to replace the defective Product or to align the Product with the distance selling agreement and its conditions, the Administrator undertakes to notify the User about this within a reasonable time and to refund the amount paid by the User via bank transfer.

26. User’s liability

26.1. The User is liable for his or her choice of purchased Products and Services used through the Website and for their compliance with the User’s expectations. Using the Website and its Services is at the User’s risk and at his or her expense and in line with the terms set in section 6 of these Terms of Use.

27. Rights and liability of the Administrator

27.1. The Administrator shall have the right:

а) At any time and at its sole discretion, to make amendments of the Services and the Website in relation to developing and improving the quality of the Services offered through the Website as well as to enlarge the range of Services, without prior written notification to the User and without bearing responsibility thereby; 

b) To block the User’s access to the Website upon breaching these Terms, the Privacy Policy and other written rules and regulations which are an integral part of these Terms, in case of, including but not limited to, performance, attempt to perform or actual threat to perform by the User or by any individual using his/her account and for any illegal actions or actions that threaten the security and the functionality of the Website and its Services, or affect the legal interests of the Administrator or its partners, counterparties and other affiliated parties or for any other significant public interest.

c) To temporarily restrict or stop providing the Services so as to improve the quality of the Services, to do a check-up, to fix errors, to make updates, etc.;

d) To seek all remedies permitted by law for protection and compensation for committed or allegedly committed violations of the Terms of Use, Privacy Policy and other written conditions, which are an integral part of these Terms;  

e) At any time, at its discretion, to update or make changes in the prices of the Products offered through the Website, without prior notification to the Users and without bearing responsibility whether the Users get informed about the said changes. 

27.2. The Administrator is not liable for:

a) The quality of the related services, provided by other legal entities and organizations in connection with the functioning of the Internet, the social networks, hosting and other services, in case of disturbances in the traffic due to reasons which are within the liability of the Internet provider or the companies providing online and other services accessible through this Website;

b) The quality of the Services resulting from the use of faulty technical means, devices and/or incorrectly configured software by the User, as well as for reasons which the User’s Internet provider is liable for as well as for any direct, indirect, specific or incidental damages related to the use of software programs installed on the User’s devices; 

c) Damages caused by incorrect, untrue or misleading information and/ or data provided by advertisers or other information sources; 

d) Losses to the User from lost profits;

e) The Administrator shall not exercise control and shall not be liable for the quality of services provided by third parties in relation to sale, payment and delivery of Products purchased through the Website, nor shall guarantee the User’s satisfaction with the purchased Products;

f) The Administrator shall not be liable for any delays whatsoever in delivery having occurred as a result of unavoidable events, beyond its reach and reasonable control. The deadlines for delivery are indicative, depend on the availability of the Products at the Administrator’s storages and can be prolonged when necessary.

VI. Data protection

29. By accessing the Website, the User agrees that his or her personal data might be collected, processed and stored by the Administrator with the purpose for correct and full use of the Site and its Services in compliance with these Terms and the Privacy Policy published on the Website here, which is an integral part of these Terms.

30. The Administrator processes Users’ personal data in the capacity of data controller within the meaning of § 1, point 2 of the Additional provision under Consumer Protection Act.

31. The Administrator is not liable for the provision of incorrect or false data or data relating to third parties.

32. Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 (General Data Protection Regulation) shall be applicable to matters relating to data processing.

33. The Administrator shall ensure measures for data protection in compliance with Consumer Protection Act and other applicable rules and regulations under Bulgarian and European legislation.

VII. Intellectual property

34. The e-shop and the Website contain images, signs, graphic logos, pictures, drawings, schemes, graphics, trademark logos, databases and software which are property of or are licensed by the Administrator or third parties, holders of IP rights, and are protected by the Bulgarian, European and other applicable law and conventions on copyrights and other intellectual property rights. The reproduction of the Services, the Website and/or any elements thereof, which are subject to intellectual property rights, may be done only with the Administrator’s written consent. The use of the Website and its Services does not grant to users any rights on the objects of intellectual property in whole or any part thereof.

35. The Administrator shall have the right to use content published by the Users for the purposes explicitly stated in these Terms, including but not limited to for advertising, improving the Website content, bulletins, notifications and for other lawful purposes related to the use of the Services. 

VIII. Control. Alternative dispute resolution

36. Controlling authority for consumer protection in Bulgaria is the Commission for Consumer Protection at address: 1000 Sofia, 4A Slaveykov Square, floor 3, 4 and 6; tel.: 0700 111 22, web address: www.kzp.bg.

37. In disputes between the supplier and consumer regarding liabilities arising out of contracts for online sales when there cannot be reached an agreement, the User can refer the dispute to the authorities for an Alternative Dispute Resolution (ADR) under the terms and conditions of Art.181a of the Consumer Protection Act. Further information on alternative dispute resolution for consumer disputes can be found on the website of the controlling authority for online sales – the Commission for Consumer Protection, at www.kzp.bg and the platform for online dispute resolution – ODR.

IX. Applicable law

38. To all cases not explicitly specified in these Terms, shall be applicable the rules and regulations of the Bulgarian legislation. Any dispute arising from the use of the Website and its Services, which cannot be amicably resolved with negotiations or by an authority for alternative dispute resolution, shall be referred to the Bulgarian competent court.

Thank you for reading these Terms of Use of the Website! 

In force of 15 June 2021

Chara Castro EOOD 2021 © | All rights reserved