Terms and Conditions

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) über die Internetseite https://shop.purway.de schließen. Soweit nicht anders vereinbart, wird der Einbeziehung gegebenenfalls von Ihnen verwendeter eigener Bedingungen widersprochen.

(2) Verbraucher im Sinne der nachstehenden Regelungen ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden kann. Unternehmer ist jede natürliche oder juristische Person oder eine rechtsfähige Personengesellschaft, die bei Abschluss eines Rechtsgeschäfts in Ausübung ihrer selbständigen beruflichen oder gewerblichen Tätigkeit handelt.

I. General Terms and Conditions

§ 1 Basic Provisions

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

§ 1.1  Barrierefreiheit

(1) According to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and our service in electronic commerce fulfil the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed on our website via a separate, appropriately labelled button (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 the performance of the service;
• 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 specialised tools, where appropriate, to implement 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 service in electronic commerce 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 outside assistance.

(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 posting the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart 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 basket". Using the corresponding button in the navigation bar, you can access the "shopping basket" and make changes there at any time.
After clicking the "Checkout" or  "Continue to order" button  (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 overview.

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 summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview again, change it (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 then submit a binding offer to you in text form (e.g. by email), which you can 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 by email, in some cases in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, 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 remains unaffected by this.

(3) Every cancellation must be either in text form (e.g. email) or ibe 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.

Section 4 Contract Term / Cancellation for Subscription Contracts

(1) The subscription agreement concluded between you and us has an indefinite term. The agreement may be terminated by either party by giving one month's notice effective at 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 a similar label).

§ 5 Special Provisions on the Payment Methods Offered

(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:

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

• Immediate bank transfer ("Pay Now")

Further information about Klarna, as well as Klarna’s Terms of Use for Germany, can be found at  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 through 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 other payment services; where special payment terms apply for this, you will be informed of them 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) Ein Zurückbehaltungsrecht können Sie nur ausüben, soweit es sich um Forderungen aus demselben Vertragsverhältnis handelt.

(2) The goods remain our property until the purchase price has been paid in full.

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

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been paid in full. Before ownership of the reserved goods has passed, pledging them or transferring them 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; we accept the assignment. You remain authorised to collect the claim. However, if you do not 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 proportion to the invoice value of the goods subject to retention of title relative 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 realisable 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 Notice to refund fraudsters:
We would like to point out that fraudulent refunds (refund fraud) are subject to criminal prosecution. Our company employs specially trained professionals who detect fraud with 100% certainty. 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.

§ 6 Warranty and Product Safety

(1) The statutory warranty rights for defects apply.

(2) As a consumer, you are requested to check the goods upon delivery immediately for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.

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

(4) As far as you are an entrepreneur, the following shall apply in deviation from the foregoing warranty provisions:

a)  Only our own specifications 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 by the manufacturer.

b)  When defects arise, we shall, at our discretion, provide warranty service by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The 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 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 shortening of the period does not apply:

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

d) Trinkwasserfilter 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 Trinkwasserfilter products. This protects against possible contamination and ensures the safety of products that come into contact with drinking water. This provision also complies with the legal regulations for the protection of health. Within the scope of product safety and hygiene regulations, opened drinking water filters generally cannot be accepted back. This is because the retailer cannot guarantee that this Trinkwasserfilter product is 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 § 312g para. 2 no. 3 BGB.

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

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

What items are covered by the extended warranty? All enclosures in the DP, Hydra, 3P, 2P, K,  "Made in Italy" series purchased from 01.01.2024 onwards.

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 is valid for a period of 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 replacement of the filter cartridges must be carried out in accordance with the information on our website specified replacement intervals take place.
• Seals were replaced as needed (recommended every 12 months)
• At Complete filter systems only the cases themselves are covered by the warranty.
• The Purchase history Your invoices should be traceable, or we can track them in your customer account.

Requirements for the warranty claim:

1. The buyer must provide proof of purchase of the water filter housing and the associated original filter cartridges by means of a receipt.
2. The maintenance and filter replacement must be carried out in accordance with the recommendations and instructions published on our homepage.
3. Damage caused by improper use, the use of non-original filter cartridges, or failure to observe 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 influences.

Exclusion of the warranty:

• The warranty claim becomes void if the filter cartridges are not replaced at the intervals specified on our website 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

All 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.

The you on the After this period has expired, 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.

§ 7 Governing Law, Place of Performance, Jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall apply 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 legal proceedings are initiated. This does not affect the right to 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 are expressly not applicable.

II. Customer Information

1. Identity of the seller

BONGARTZ GmbH
Am Königshof 63a
27478 Cuxhaven
Germany
Phone: 49 (0)4721 663050
Email: info@purway.de


We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board!

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions 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 basket system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For quote requests outside the online shopping cart system, you will be sent all contract data in text form as part of a binding offer, 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/buyer-seal/buyer-seal-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or service

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 shipping has been promised.

6.3. Costs incurred for the transfer of funds (bank transfer or exchange-rate fees charged by credit institutions) are to 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 conditions

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. Insofar as 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 appointed to carry out the shipment.

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

8. Statutory Liability for Defects

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

9. Contract term / Termination

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

These Terms and Conditions and customer information were prepared by the Händlerbund's lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and accepts liability in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/services/legal-certainty/terms-and-conditions-service.