Terms of Sale (Wholesale)
This English version is provided for convenience. Only the German version is legally binding. Deutsche Fassung
Last updated: 30.09.2026
1. Scope
These terms of sale apply to all orders placed through our wholesale portal and to all other wholesale deliveries by Roots Radicals GmbH, Eisenbahnstr. 42/43, 10997 Berlin, Germany, Amtsgericht Charlottenburg HRB 210119 B, VAT ID DE326482827 ("we"). The portal is exclusively for businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law ("buyer"); by ordering, the buyer confirms that it acts in its commercial or independent professional capacity. Consumers please order in our online shop. The buyer's own terms and conditions do not apply, even if we do not expressly object to them or deliver in knowledge of them.
2. Conclusion of contract
The catalogue is non-binding. Submitting an order ("Submit order") is a binding offer; the automatic acknowledgement email is not yet an acceptance. The contract is concluded when we accept the order by an order confirmation (usually by email) or by delivering the goods; we may accept within five working days. If we can only fulfil an order with changes (e.g. quantity, product or price), we send the buyer an amended offer with a confirmation link; the contract is then concluded only when the buyer confirms it. If the buyer declines, we will get in touch to find a solution.
3. Prices, minimum order and price tiers
All prices are net prices in euros per pack (VPE) plus statutory VAT, as valid at the time of ordering. The minimum order value is €150 net ("€150+" tier). If the goods value at "€600+" tier prices reaches at least €600 net, the "€600+" prices apply to the whole order. Delivery and shipping costs are charged separately if shown in the order confirmation. For deliveries to other EU member states to buyers with a valid VAT ID we invoice a tax-exempt intra-community supply where the legal requirements are met.
4. Delivery and passing of risk
Delivery dates follow from the order confirmation and are binding only if expressly stated as binding. Partial deliveries are permitted where reasonable for the buyer. If we ship the goods, risk passes to the buyer on handover to the carrier; if we deliver ourselves, on handover to the buyer. If we are not supplied or not supplied correctly despite timely and sufficient ordering (e.g. seasonal raw produce), or force majeure prevents delivery, delivery periods are extended appropriately; if the goods are permanently unavailable we may withdraw from the contract and refund payments received without delay. If the buyer fails to accept the goods we may claim reimbursement of additional expenses.
5. Payment
There is no online payment; we issue an invoice after order confirmation or delivery. Invoices are payable without deduction within the payment term stated on the invoice. In case of default the buyer owes statutory default interest (nine percentage points above the base rate, § 288(2) BGB) and the flat fee under § 288(5) BGB; further claims are reserved. The buyer may only set off undisputed or legally established claims or base a right of retention on them.
6. Retention of title
The goods remain our property until all claims from the business relationship have been paid in full. The buyer may resell the goods in the ordinary course of business and hereby assigns to us all claims from the resale in the amount of the invoice total (including VAT); we accept the assignment. The buyer remains authorised to collect these claims as long as it meets its payment obligations. If the goods are processed or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of our goods. The buyer must inform us without delay of seizures or other interventions by third parties. If the value of the securities exceeds our claims by more than 10 %, we release securities of our choice on request.
7. Inspection and notice of defects
The buyer must inspect the goods without delay after receipt (§ 377 HGB). Obvious defects, transport damage and shortfalls must be notified to us in text form (e.g. email) within three working days of delivery, hidden defects without delay after discovery; transport damage must also be noted with the carrier. If notice is not given in time, the goods are deemed approved.
8. Claims for defects
In case of defects we provide subsequent performance by replacement delivery or credit note at our choice; if it fails, the buyer may withdraw or reduce the price under the statutory provisions. Claims for defects become time-barred one year after delivery, except for damages under section 9(1), fraudulent concealment and supplier recourse (§§ 445a, 445b, 478 BGB). The best-before date is not a guarantee. There are no claims for defects caused by improper storage or handling after the passing of risk (observe the storage instructions on the label).
9. Liability
We are liable without limitation for intent and gross negligence, injury to life, body or health, fraudulently concealed defects, within the scope of a guarantee and under the Product Liability Act. For slightly negligent breach of an essential contractual obligation our liability is limited to the foreseeable damage typical for the contract; otherwise liability for slight negligence is excluded. These limitations also apply in favour of our staff and agents.
10. Food law
When reselling, the buyer is responsible for complying with the food law obligations that apply to it, in particular proper storage as stated on the label and — if it repacks or portions goods — correct labelling. In the event of a withdrawal or recall the buyer cooperates with us as required and provides traceability information.
11. Data protection
Information on the processing of personal data is in our privacy policy.
12. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance is Berlin. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin; we may also sue at the buyer's general place of jurisdiction. Amendments to the contract require text form. Should individual provisions be invalid, the remaining provisions remain valid.
