Terms of Service
General Terms and Conditions of 100 Cherries GmbH (as of April 2022)
General Terms and Conditions
1.) General
1.1.) The following general terms and conditions apply to all business relationships between 100 Cherries GmbH (hereinafter "100 Cherries") and the customer. Customers within the meaning of the terms and conditions are consumers and entrepreneurs.
1.2.) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3.) With the order, the customer accepts the validity of these General Terms and Conditions. The version valid at the time of the order, which is made available to the customer during his order, always applies. Any conflicting or deviating terms and conditions of the customer are excluded. They do not become part of the contract even if 100 Cherries does not expressly object to them or if the customer refers to them.
2.) Conclusion of contract
2.1.) The contractual partners are 100 Cherries GmbH, represented by the managing director Grigorij Aronov, Kantstraße 24, 10623 Berlin, and the respective customer.
2.2.) The goods offered by 100 Cherries on the Internet do not represent a binding offer to conclude a purchase contract, but rather an invitation to place an order (purchase offer by the buyer).
2.3.) The customer can submit the purchase offer via the ordering system integrated in the seller's online shop.
2.4.) Online shop system:
The goods intended for purchase are stored in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After specifying the payment options and logging in to the payment provider's website, a page appears with the customer's personal data stored with the respective payment provider (if applicable: surname, first name, address, e-mail and telephone number).
Before sending the order, the customer has the option of checking all the information again, changing it (also using the "back" function of the Internet browser) or canceling the purchase. By sending the order using the corresponding button of the payment provider, the customer submits a binding offer to 100 Cherries.
2.5.) The acceptance of the offer (and thus the conclusion of the contract) takes place in any case if the customer has bindingly initiated the payment process with his payment provider.
2.6.) We do not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.) Prices and shipping costs
3.1.) All prices stated on the website include VAT.
3.2.) Shipping costs are to be borne by the buyer in addition to the stated prices and are also clearly shown before the binding order is submitted.
4.) Delivery
4.1.) Goods are delivered to the delivery address provided by the customer to 100 Cherries, unless otherwise agreed
4.2.) If 100 Cherries is unable to deliver the ordered goods through no fault of its own because the supplier of 100 Cherries does not fulfill its contractual obligations, 100 Cherries is entitled to withdraw from the order. In this case, the customer will be informed immediately that the ordered product is not available; Considerations already provided will be refunded immediately. The legal claims of the customer remain unaffected.
4.3.) If the transport company sends the shipped goods back to 100 Cherries because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless 100 Cherries announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the cancellation policy of 100 Cherries applies to the return costs.
5.) Payment
Our online shop offers the following payment methods, although we may not be able to offer all payment methods to all customers at all times:
5.1.) Credit card
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
5.2.) PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
5.3.) IMMEDIATE transfer
After placing the order, you will be forwarded to the website of the online provider SOFORT Banking. In order to be able to pay the invoice amount via SOFORT transfer, you must have an activated online banking account with PIN/TAN procedure for participation in SOFORT transfer, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT transfer and your account will be debited.
5.4.) Giropay
After placing your order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have an activated online banking account with PIN/TAN procedure for participation in Giropay, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
6.) Retention of title
The goods remain the property of 100 Cherries until full payment.
7) Cancellation policy/right of cancellation
You have a right of withdrawal. With regard to the requirements and legal consequences of the right of cancellation, we refer to the cancellation policy in the appendix.
8.) Warranty and limitation of warranty claims
8.1.) The statutory warranty rights apply to all goods from 100 Cherries.
8.2.) The limitation period for warranty claims for the delivered goods in legal transactions with consumers is two years from receipt of the goods. For buyers who are not consumers, the limitation period for warranty claims is one year.
9.) Limitation of Liability
9.1.) 100 Cherries is fully liable for damage resulting from injury to life, limb or health that is based on a negligent breach of duty on his part, as well as for damage that is based on an intentional or grossly negligent breach of duty by 100 Cherries .
9.2.) In the event of slight negligence, 100 Cherries is only liable if it has violated a contractual obligation (cardinal obligation). In the event of a breach of an essential contractual obligation, 100 Cherries is only liable for the foreseeable damage that is typical for the contract. Essential contractual obligations (cardinal obligations) are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the buyer regularly relies and may also rely. Typical, foreseeable damages are those that fall under the protective purpose of the breached contractual standard.
9.3.) The above liability regulations also apply to vicarious agents of 100 Cherries. Liability under the Product Liability Act remains unaffected.
10.) Online Dispute Resolution
Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/ or find.
11.) Final Provisions
11.1.) German law applies to the exclusion of the UN Sales Convention. For consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
11.2.) The place of performance and exclusive place of jurisdiction for all disputes arising from contracts with companies and legal entities under public law, which are based on these terms and conditions, is Berlin.
Revocation instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (100 Cherries GmbH, Kantstraße 24, 10623 Berlin hello@filtrdofficial.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different method of delivery than that provided by have chosen the cheap standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
We can refuse the repayment until we have received the returned goods or until you have provided proof that you have sent back the goods, whichever is earlier. You will have the goods immediately and in any case within fourteen days from the day on which you inform us about the cancellation of this contract to the following address: RWFK GmbH / co filtrd Genshagener Strasse 27 / GATE 13 14974 Ludwigsfelde Germany return or hand over. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. Sample cancellation form If you want to revoke the contract, please fill out this form and send it back. To 100 Cherries GmbH Kantstrasse 24 10623 Berlin hello@filtrdofficial.de I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): __________________________________________________________________________ Ordered on (*)/:________________________________________________ Received on (*):________________________________________________ Name of consumer(s): ________________________________________________ Address of the consumer(s): ________________________________________________ Signature of the consumer(s) (only if notification is on paper): ________________________________________________ Date: ________________________________________________ _______________ (*) Delete where not applicable.
