Terms & Conditions
Website Terms and Conditions
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools. Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rosita Real Foods. You may not use any metatags or any other “hidden text” utilizing Rosita Real Foods’s name or trademarks without the express written consent of Rosita Real Foods. Any unauthorized use terminates the permission or license granted by Rosita Real Foods. We reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
The information contained on this website, or provided at your request, is provided for informational purposes only. While we may offer some products on this website that are classified as food, beverage, or dietary supplements products regulated by the US Food and Drug Administration, UK Food Standards Agency or NZ MPI, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner.
Rosita Real Foods does not endorse product or health claims made by practitioners outside the manufacturer's guidelines and applicable laws. Rosita Real Foods will not be held liable for any damage, injury or death as a result of these claims. Our statements, the products we sell and the products or services we endorse are not intended to diagnose, treat, cure or prevent any disease.
Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Rosita Real Foods’s prior written consent. Rosita Real Foods, and its suppliers may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on this website, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products will be made through Payment Express, PayPal, Bank transfer or some other prearranged payment method unless credit terms have been agreed to by us. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. We may invoice parts of an order separately. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this web site. Any quotations given by us will be valid for the period stated on the quotation. You agree to pay interest on all past-due sums at the highest rate allowed by law.
Shipping & Returns Policies
Please refer to our Shipping and returns page
Risk of Loss
Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by us is our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software will remain with the applicable licensor(s).
Forums / Blog / Social Media
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). Additionally, “Forum” includes any other website page created by Rosita Real Foods, on one or more social media pages, including, but not limited to Facebook, Twitter, and Pinterest. You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying a Forum. Violate any code of conduct or other guidelines which may be applicable for any particular Forum. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. You are and shall remain solely responsible for the content you post on or through the website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. Rosita Real Foods, markets and sells various food, beverage and dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. Rosita Real Foods, and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations. We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
Except as otherwise specifically provided, the website and the products offered on the website are provided on an "as is" and "as available" basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible pursuant to applicable law, Rosita Real Foods, disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and non-infringement. Rosita Real Foods, does not represent or warrant that the functions contained on the website will be uninterrupted or error free, that the defects will be corrected, or that the site or the server that makes the website available are free of viruses or other harmful components. Rosita Real Foods, does not make any warranties or representations regarding the use of the materials on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you. Rosita Real Foods, shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the website or materials on the site, even if Rosita Real Foods, has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless Rosita Real Foods, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
The website may link to websites operated by third parties. Rosita Real Foods, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rosita Real Foods. Rosita Real Foods, is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Rosita Real Foods, is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Your use of this website shall be governed in all respects by the laws of New Zealand without regard to choice of law provisions.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Rosita Real Foods, shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Rosita Real Foods, shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made for the purchase and your order is cancelled Rosita Real Foods, shall immediately issue a refund to you.
These terms and conditions are applicable to you upon ordering from Rosita Real Foods. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.
Copyright of Rosita Real Foods material
The technology underlying, and the entire contents of the website, including but not limited to Trademarks, text, graphics, logos, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the copyright laws, and is the property of Rosita Real Foods, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Rosita Real Foods. Copyright 2016. All rights reserved Rosita Real Foods Trademarks Rosita Real Foods counts among its most valuable assets its trademarks and logos and the goodwill represented by these. Protection of the Rosita Real Foods trademarks is a priority for Rosita Real Foods. For any questions regarding the proper usage of the Rosita Real Foods trademarks, the proper notices, or to seek permission to use the Rosita Real Foods trademarks please contact Rosita Real Foods via email
Additional Reseller Terms of Service
Pricing - Where applicable by law, you must not sell the product below the Minimum Retail Selling Price (MRSP) listed on your invoice without the express permission of Rosita Real Foods.
Distribution channels - You are prohibited from on-selling via 3rd party website (examples include eBay, Yahoo and Amazon).
Communication - Communications via phone and/or email (and any files transmitted with it) are confidential and intended solely for the use of the individual or entity to which they are addressed. Please note that any views or opinions presented in our email are solely those of the author and do not necessarily represent those of Rosita Real Foods.
Social Media Guidelines - Do not use Rosita Real Foods trademarks as any part of your social media account name, user name, page name, or as a community name without express permission of Rosita Real Foods.