Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you enter into with us as the provider (BONGARTZ GmbH) via the website https://shop.purway.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial activity nor to their self-employed professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The terms and conditions set out below apply to contracts that you enter into with us as the provider (BONGARTZ GmbH) via the website https://shop.purway.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 1.1  Accessibility

(1) According to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or our electronic commerce service meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed on our website via a separate button labelled accordingly (e.g. "Accessibility Statement" or similar wording) and includes, in particular, the following points:

• a description of the applicable accessibility requirements;
• a general description of the service in an accessible format;
• Descriptions and explanations required to understand how the service is performed;
• a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

(3) We may use Artificial Intelligence (AI) and special tools to meet the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive, and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website referred to in paragraph 1.

(4) Our website and/or our electronic commerce service is accessible if it can be found, accessed, and used by people with disabilities in the generally customary manner, without particular difficulty and, in principle, without assistance from others.

(5) The measures to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigation by mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for various end devices (smartphones, tablets, desktop computers, etc.). 

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods .

(2) By listing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time using the corresponding button in the navigation bar and make changes there whenever you wish.
After clicking the "Checkout" button or "Proceed to Order"  (or similar designation) and after entering your personal data as well as the payment and shipping terms, the order details will finally be displayed to you as an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the details again in the order overview, make changes (including by using the internet browser's "Back" function), or cancel the order.

(4) Your requests for the preparation of a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Contract term / Termination of subscription agreements

(2) The right to terminate without notice for good cause shall remain unaffected by this.

(3) Any notice of termination must be given either in text form (e.g. email) or ican be made in the customer portal. Your active subscriptions are displayed there.

– You can select the subscription to be cancelled.

– Select the “Cancel” or “Manage” option.

Follow the instructions to confirm the cancellation.

The term of the contract / Termination for Subscription Agreements

(1) The subscription agreement concluded between you and us is of indefinite duration. The agreement may be terminated by either party with one month's notice to the end of the month (unless otherwise provided in the respective offer).
 

(2) The right to terminate without notice for good cause remains unaffected by this.

(3) Every notice of termination must be declared and submitted either in text form (e.g. email) or via the cancellation button integrated into our website (“Cancel contracts here” or similar wording).

Section 5 Special Provisions for Offered Payment Methods

(1) Payment with Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

• Billing (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment period can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
  For Austria, you can find Klarna’s invoice terms and conditions at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the conditions for the option to extend the payment term can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

• Immediate bank transfer (“Pay Now”)

For more information about Klarna, as well as Klarna's Terms of Use for Germany, please visit  https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment terms apply in this regard, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) Die Ware bleibt bis zur vollständigen Zahlung des Kaufpreises unser Eigentum.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been paid in full. Prior to the transfer of title to the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept the assignment. You remain authorised to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in the proportion of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.

§ 5.1 Note to refund fraudsters:
We would like to point out that fraudulent refunds (refund fraud) are prosecuted under criminal law. Our company employs specially trained professionals who detect fraud with 100% accuracy. Such fraud can result in a prison sentence of up to 10 years. Please bear in mind that we immediately file criminal charges in all cases of fraud.

Section 6 Warranty and Product Safety

(1) The statutory rights for defects apply.

(2) Als Verbraucher werden Sie gebeten, die Ware bei Lieferung umgehend auf Vollständigkeit, offensichtliche Mängel und Transportschäden zu überprüfen und uns sowie dem Spediteur Beanstandungen schnellstmöglich mitzuteilen. Kommen Sie dem nicht nach, hat dies keine Auswirkung auf Ihre gesetzlichen Gewährleistungsansprüche.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following warranty provisions shall apply in deviation from the above-mentioned warranty regulations:

a)  Only our own statements and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not any other advertising, public promotions, or statements made by the manufacturer.

b)  In the event of defects, we shall, at our discretion, provide warranty service by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless otherwise indicated in particular by the nature of the goods or the defect or by the other circumstances. In the case of repair, we are not required to bear the increased costs arising from transporting the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.

c)  The warranty period is 2 years from the date of purchase of the goods. The shortened period does not apply:

- damages attributable to us caused culpably by injury to life, body, or health and, in the case of other damages, caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their customary purpose and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty claims.

d) Text content: Drinking water filter products that have been unsealed or removed from their packaging can no longer be accepted back by the seller for hygiene reasons; this applies in particular to used drinking water filter products. This protects against possible contamination and ensures the safety of products that come into contact with drinking water. This provision also complies with legal regulations aimed at protecting health. Under product safety and hygiene regulations, opened drinking water filters generally cannot be taken back. This is because the retailer cannot guarantee that this drinking water filter product is still hygienically flawless after opening or that it has not been contaminated. Drinking water filters  fall under hygiene products, and such products are generally excluded from the right of withdrawal under Section 312g (2) No. 3 of the German Civil Code (BGB).

§ 6.1 Warranty Terms for "Made in Italy" Water Filter Housings for End Customers

If you have purchased a purway filter system or empty housing, the extended 10-year warranty automatically applies, provided all the conditions listed below are met.

The extended warranty covers all cases in the DP, Hydra, 3P, 2P, and K series,  "Made in Italy", purchased on or after 01/01/2024.

All filter housings of a complete filtration system, or empty housings with "Made in Italy" printed on their filter head, are covered by the warranty.

Validity of the warranty:

• This warranty applies for a period of At 10 years from the purchase date of the water filter housing.
• To make a warranty claim, the exclusive repurchase and use of original filter cartridges required.
• The filter cartridges must be replaced in accordance with the information on our homepage specified replacement intervals be carried out.
• Seals were replaced as needed (recommended every 12 months)
• At Complete filter systems Only the housings themselves are covered by the warranty.
• The Purchase history must be traceable through invoices, or we can track them in your customer account.

Requirements for the warranty claim:

1. The buyer must prove the purchase of the water filter housing and the corresponding original filter cartridges by means of proof of purchase.
2. The maintenance and filter replacement must be carried out in accordance with the recommendations and instructions published on our website.
3. Damage caused by improper use, the use of non-original filter cartridges, or failure to comply with the prescribed replacement interval is excluded from the warranty.

Warranty claims:

• In the event of a warranty claim, we will, at our discretion, either Repair or replace.
• The warranty does not cover damage caused by improper installation, improper use, improper maintenance, or external factors.

Exclusion of warranty:

• The warranty claim becomes void if the filter cartridges are not replaced at the intervals specified on our homepage or if non-original filter cartridges are used.

Additional conditions:

• This warranty is limited to the cost of the purchased water filter housing. Any consequential damages are excluded from the warranty.
• The statutory warranty rights remain unaffected.

These provisions ensure that the warranty is granted only when the product is used as intended and the prescribed maintenance requirements are complied with.

§ 6.2 Offer Period

Alle time-limited offers, promotions, or special prices (hereinafter referred to as "offers") apply exclusively for the period specified in the respective offer, which you can find on the page OFFERS | Buy water filters online at low prices find.

Which you on the After this period expires, the corresponding offers will no longer be available unless expressly agreed otherwise. The provider reserves the right to extend or shorten the offer period without prior notice or to end the offer early, particularly if a certain level of demand is reached or depending on the availability of the goods.

Section 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all obligations arising from the business relationship existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. This does not affect the right to also bring proceedings before a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer Information

1. Seller Identity

BONGARTZ GmbH
Am Königshof 63a
27478 Cuxhaven
Germany
Telephone: 49 (0)4721 663050
E-mail: info@purway.de


We participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is:

Universal Arbitration Board of the Federal Government - Centre for Arbitration e. V.
Strasbourg St. 8
77694
Kehl
Link to the website of the consumer dispute resolution body: https://www.verbraucher-schlichter.de

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correcting errors are governed by the provisions set out under "Formation of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German .

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For offer requests made outside the online shopping cart system, you will be sent all contractual data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/buyers-seal/buyer-seal-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free delivery has been promised.

6.3. Any costs incurred for the transfer of funds (bank transfer or exchange rate fees charged by the credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

6.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

7. Delivery Terms

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person otherwise appointed to carry out the shipment.

If you are a business customer, delivery and shipment are at your risk.

8. Statutory warranty rights for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Term of the Agreement / Termination

Information on the term of the contract and the cancellation conditions can be found in the provision "Contract Term / Cancellation for Subscription Agreements" in our General Terms and Conditions (Part I) and in the respective offer.

These General Terms and Conditions and customer information were prepared by the legal experts at Händlerbund, who specialise in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and accepts liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/services/legal-certainty/terms-and-conditions-service.

Last updated: 22.10.2024