Terms & Conditions

1. General

These terms and conditions apply to all contracts, deliveries, and other services of Pure Water AG, Opelstrasse 11, 68789 Sankt Leon-Rot, Germany (hereinafter: "Seller"), to its customers concerning the sale, delivery, installation, and maintenance of pure water filter systems. Deviating provisions of the buyer do not apply unless the seller has expressly confirmed this in writing. For better readability, the word "buyer" refers to both male, female, and diverse groups of people as well as companies.

The business relationships between the seller and the buyer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn. The application of UN Sales Law is excluded.

Agreements made with the buyer in individual cases (including ancillary agreements, supplements, and changes) always take precedence over these terms and conditions.

The contract language is German.

The place of jurisdiction is the registered office of Pure Water AG, currently Sankt Leon-Rot, insofar as the buyer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a buyer does not have a general place of jurisdiction in Germany or if their place of residence or habitual residence is unknown at the time the action is filed.

2. Conclusion of Contract

The signing of the contract forms by the buyer constitutes an offer to conclude a contract for the purchase, delivery, installation, and, if applicable, maintenance of a pure water filter system. This offer is accepted upon receipt of the contract signed by the seller or another written confirmation from the seller.

3. Prices, VAT, and Payment

The agreed prices apply. All prices include statutory value-added tax.

The sale, delivery, installation, and, if applicable, maintenance of the pure water filter system is invoiced. Payments are due within 14 days of invoicing, but not before delivery and installation of the pure water filter system, or in the case of maintenance, not before the maintenance has been carried out.

If a buyer defaults on their payment obligations, the seller may claim damages in accordance with statutory provisions.

4. Delivery and Transfer of Risk of a Pure Water Filter System

Unless contractually agreed otherwise, the ordered pure water filter system will be delivered to the address specified by the buyer. The delivery time is individually agreed upon. Delivery is made exclusively within Germany, from the seller's warehouse.

The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover.

5. Retention of Title, Rights of Retention

The delivered pure water filter system and filters installed during maintenance remain the property of the seller until all claims arising from the contract have been fulfilled. The buyer undertakes to treat the pure water filter system properly and with care until ownership is transferred. The buyer will notify the seller immediately of any damage. The buyer bears the risk of damage and loss of the pure water filter system.

Until the purchase price has been paid in full, the buyer will neither lend, sell, rent, pledge, nor otherwise dispose of the pure water filter system. In the event that third parties intend to seize the device, the buyer will inform the seller immediately. All judicial and extrajudicial costs incurred to eliminate seizures and withholdings and to recover the pure water filter system must be reimbursed by the buyer.

Set-off rights are only available to the buyer if their counterclaims have been legally established, are undisputed, or have been acknowledged by the seller. In the case of defects in delivery, the buyer's counterclaims remain unaffected, in particular their right to withhold a part of the purchase price that is reasonable in relation to the defect. Furthermore, the buyer is entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

6. Maintenance of the Pure Water Filter System

Maintenance includes the annual replacement of pre-filters, if necessary, the replacement of the molecular membrane, and the inspection of the entire pure water filter system at the price agreed in the maintenance contract. The seller confirms the maintenance and filter replacement to the buyer in a digital maintenance log.

The maintenance flat rate, which includes filter replacement, increases at regular intervals, but not before 12 months have elapsed after the conclusion of the maintenance contract.

7. Warranty and Liability

For the buyer's rights in the event of material defects and defects of title (including incorrect and short delivery as well as improper installation or defective instructions), the statutory provisions apply unless otherwise specified below. In all cases, the statutory special provisions on reimbursement of expenses for final delivery of newly manufactured goods to a consumer (supplier recourse according to §§ 478, 445a, 445b) remain unaffected.

Outside of liability for material defects and defects of title, the seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence. The seller is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies), but in each case only for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.

If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

8. Data Protection

The seller collects, processes, and uses personal data in accordance with its privacy policy and statutory provisions.