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 conclude 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) A consumer within the meaning of the following provisions 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 following terms and conditions apply to contracts that you conclude 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) A consumer within the meaning of the provisions below 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  Accessibility

(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 comply with 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 a similar designation) 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 provided;
• 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 as necessary 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 separately labelled button on our website referred to in paragraph 1.

(4) Unsere Internetpräsenz bzw. unsere Dienstleistung im elektronischen Geschäftsverkehr ist barrierefrei, wenn sie für Menschen mit Behinderungen in der allgemein üblichen Weise, ohne besondere Erschwernis und grundsätzlich ohne fremde Hilfe auffindbar, zugänglich und nutzbar ist.

(5) The measures for implementing 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 (insofar as 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.). 

Section 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 make 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 you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Continue to order"  (or similar designation) After entering your personal data and 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 instant payment system provider's website.
If you are redirected to the relevant 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 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 information in the order summary once again, 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 provide you with a binding offer 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) Die Abwicklung der Bestellung und Übermittlung aller im Zusammenhang mit dem Vertragsschluss erforderlichen Informationen erfolgt per E-Mail zum Teil automatisiert. Sie haben deshalb sicherzustellen, dass die von Ihnen bei uns hinterlegte E-Mail-Adresse zutreffend ist, der Empfang der E-Mails technisch sichergestellt und insbesondere nicht durch SPAM-Filter verhindert wird.

Section 3 Contract Term / Termination of Subscription Agreements

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

(3) Every 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 / Cancellation for subscription agreements

(1) The subscription agreement concluded between you and us has an indefinite term. 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 cancellation 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).

§ 5 Special Provisions Regarding the Offered Payment Methods

(1) Payment via 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”): Klarna’s 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 term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
  The Klarna invoice terms and conditions for Austria can be found 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 under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

• Immediate bank transfer ("Pay Now")

Nähere information about Klarna as well as the Klarna 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 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 as well as during the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as 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) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(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 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 in the amount of the invoice total, and 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) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the collateral to which we are entitled at your request insofar as the realisable value of our collateral exceeds the claim to be secured by more than 10%. The selection of the collateral 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 in respect of 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, such deviation shall be deemed agreed only if, prior to submitting your contractual declaration, you were informed thereof by us and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are a business customer, the following applies in deviation from the above warranty provisions:

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 delivery. If the remedy of the defect fails, 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 the nature of the goods or the defect or other circumstances indicate otherwise. 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 the goods. The shortened limitation period does not apply:

- damage attributable to us caused culpably by injury to life, limb or health, and other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for 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 rights in the event of defects.

d) Trinkwasserfilter products that have been unsealed or removed from their packaging can no longer be taken 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 may not be taken 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 Section 312g (2) No. 3 of the German Civil Code.

§ 6.1 Warranty Conditions 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 applies automatically, provided that all the conditions listed below are met.

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

All filter housings of a complete filter 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 10 years from the purchase date of the water filter housing.
• To claim the warranty, 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 change 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 the invoices should make it traceable, or we can track them in your customer account.

Requirements for warranty claims:

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. 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 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 any damage caused by improper installation, improper use, improper maintenance, or external influences.

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.
• 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.

Which you on the After expiry of this period, the corresponding offers are no longer available unless expressly agreed otherwise. The provider reserves the right to extend or shorten the offer period without prior notice, or to terminate the offer early, in particular if a certain level of demand is reached or depending on product availability.

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

(1) Es gilt deutsches Recht. Bei Verbrauchern gilt diese Rechtswahl nur, soweit hierdurch der durch zwingende Bestimmungen des Rechts des Staates des gewöhnlichen Aufenthaltes des Verbrauchers gewährte Schutz nicht entzogen wird (Günstigkeitsprinzip).

(2) The place of performance for all obligations arising from the business relationship existing with us, as well as the place of jurisdiction, shall be 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 shall apply 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 not known at the time the action is brought. This shall 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. Identity of the seller

BONGARTZ GmbH
At the Royal Court 63a
27478 Cuxhaven
Germany
Phone: 49 (0)4721 663050
E-mail: 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 options for correcting errors are governed by the provisions set out in "Formation of the Contract" in our General Terms and Conditions (Part I.).

3. Contract language, storage of the contract text

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 quote requests outside the online shopping cart system, you will be sent all contractual data in the form 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 Buyer Seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/buyer-seal/buyers-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 agreed.

6.3. Any costs incurred for the transfer of funds (bank transfer or exchange rate fees charged by 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 specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery terms and 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 warranty rights for defects

The 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 Agreements" in our General Terms and Conditions (Part I) as well as in the respective offer.

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