Terms and Conditions
1. Scope of Application
These Terms and Conditions apply to all orders placed through our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity. A business customer is a natural or legal person or a partnership with legal capacity who, at the time of concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
For business customers: If the business customer uses conflicting or supplementary terms and conditions, their validity is hereby rejected. They only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Carl-Arnold Brill GmbH.
By placing products in our online shop, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided and explained in the ordering process. The contract is concluded by clicking the order button to accept the offer for the items in the shopping cart. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract: German
We store the contract text and send you the order details and our Terms and Conditions in text form. The contract text is no longer accessible via the Internet for security reasons.
4. Subject Matter of the Contract
4.1 Product Description
The respective product description forms an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to point out the following characteristics. If in doubt, please contact us:
- Due to individual screen settings (e.g., resolution and brightness), minor differences between the displayed and actual product colors may occur.
- For wooden products, natural variations in grain, structure, and color of the wood are possible.
5. Delivery Conditions
5.1 Delivery Area
We deliver within Germany.
5.2 Shipping Costs
In addition to the stated product prices, a flat shipping fee of €6.49 applies for standard shipping.
5.3 Delivery Options
We ship the products to the delivery address provided during the order process.
We only deliver by shipping. Self-collection is not possible.
We do not deliver to packing stations.
5.4 Freight Delivery
Appointment Scheduling
For freight deliveries, the shipping company we commission will contact you to arrange a delivery date.
Delivery Location
The delivery includes transport and unloading at the first public curbside at the agreed delivery address. Delivery does not include moving items into specific rooms or assembly/installation unless expressly agreed otherwise.
6. Payment
The following payment methods are generally available in our shop:
Prepayment
When selecting prepayment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
PayPal Express
To pay via PayPal Express, you must be registered with PayPal, authenticate with your credentials, and confirm the payment instruction. Additional payment options may be offered by PayPal to registered and eligible customers. These are subject to PayPal’s terms.
PayPal
In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., we offer the following options as PayPal Services. Unless otherwise stated, payment via PayPal does not require registration.
- PayPal: Requires a PayPal account and confirmation of the payment instruction. The transaction occurs immediately after order submission.
- Credit Card via PayPal: Your card will be charged after the goods are dispatched.
- Direct Debit via PayPal: Requires address and credit check. By confirming the payment instruction, you authorize PayPal to collect the payment. You will be informed of the debit date in advance (prenotification).
- Invoice via PayPal: Also requires address and credit check and is handled directly by PayPal.
Invoice
The invoice amount is payable within 14 days of receipt of the invoice and goods via bank transfer. We reserve the right to offer this method only after a successful credit check.
7. Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the withdrawal instructions. Business customers are not granted a voluntary right of withdrawal.
8. Retention of Title
The product remains our property until full payment is made.
For business customers: We retain title to the goods until all claims from the current business relationship are fully settled. You may resell the goods in the ordinary course of business. All claims arising from resale are assigned to us in advance to the amount of the invoice value. We accept this assignment. You remain authorized to collect the claims unless you fail to meet your payment obligations. We will release securities upon request if the value of securities exceeds our claims by more than 10%.
9. Transport Damage
For consumers: Please report obvious transport damage to the carrier immediately and contact us as soon as possible. Failure to do so has no effect on your legal claims but helps us assert our claims against the carrier or insurer.
For business customers: Risk passes to you upon delivery of the goods to the shipping company, carrier, or other party designated to carry out the shipment.
10. Warranty and Guarantees
10.1 Statutory Liability for Defects
Unless expressly agreed otherwise, the statutory law on liability for defects applies.
The following limitations do not apply to claims arising from damages caused by us, our legal representatives, or agents:
- in case of injury to life, body, or health
- in case of intentional or grossly negligent breach of duty or fraud
- in case of breach of essential contractual obligations (cardinal duties)
- within a guarantee, if agreed
- if the scope of the Product Liability Act applies
Limitations for Business Customers: Only our own statements and the manufacturer's product description included in the contract shall be deemed agreed characteristics. Public statements by the manufacturer are not binding. Warranty claims for newly manufactured items expire one year from the transfer of risk.
Legal recourse periods under § 445a BGB remain unaffected.
Notice for Merchants: The duty to examine and give notice of defects under § 377 HGB applies. Failure to do so will render the goods approved unless the defect was not recognizable during inspection.
10.2 Guarantees and Customer Service
Information on any applicable additional guarantees and their conditions can be found with the product or on specific pages of the online shop.
Customer service: Available by email at kundensupport@tooler.de
11. Liability
We are fully liable for claims resulting from damages caused by us, our legal representatives, or agents:
- in case of injury to life, body, or health
- in case of intentional or grossly negligent breach of duty
- under a guarantee, if agreed
- if the scope of the Product Liability Act applies
In the event of a breach of essential contractual obligations due to slight negligence, liability is limited to the foreseeable damage typical for the contract. Otherwise, claims for damages are excluded.
12. Code of Conduct
We have submitted to the following code of conduct:
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), available here.
Important Note: The ODR platform will be permanently closed on July 20, 2025. Submission of complaints will no longer be possible after March 20, 2025.
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final Provisions
If you are a business customer, German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant under the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is our place of business.
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In such cases, the statutory provisions shall apply.