Terms & Conditions
Website Terms and Conditions
Welcome to Rosita Real Foods, a website owned and operated by Functional Self Limited, a registered NZ company. These Website Terms and Conditions govern your use of the website, including any transactions you may make on the website.
By using the Rosita Real Foods website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you should not use the website.
Functional Self Limited ("Rosita Real Foods") reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of the website after any such changes indicates your acceptance of the updated or modified Terms and Conditions.
Please read these Terms and Conditions carefully before using the website. If you have any questions or concerns about these Terms and Conditions or the website, please contact us at the email address [email protected].
Definitions of key terms used throughout the Terms and Conditions
In these Terms and Conditions, the below terms shall have the following meanings:
- "We", "us", or "our" refers to Rosita Real Foods.
- "Products" refers to the health supplements and products sold on our website. "You" or "your" refers to the customer or user of our website.
- "Website" refers to our online store, accessible through the domain name www.staging.rositarealfoods.co.uk.
- "Order" refers to a request made by you to purchase a product through our website.
- "Contract" refers to the legally binding agreement between you and us for the purchase and sale of a product.
- "Delivery" refers to the physical delivery of the product to the address specified in your order.
By accessing our website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use our website. We reserve the right to modify these Terms and Conditions at any time. Any changes made will be effective immediately upon posting on our website. Your continued use of our website following such changes constitutes your acceptance of the updated Terms and Conditions.
If you have any questions about these Terms and Conditions, please contact us through the contact details provided on our website.
Use Of The Website
By using our website, you agree to use it only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website.
You agree not to use the website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Intellectual property rights
All content on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of our company, our affiliates or our content suppliers, and is protected by New Zealand and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, display, publish, license, create derivative works from, or sell any content on the website without our prior written consent.
Accuracy and availability of information
We make every effort to ensure that the website is available and functioning properly at all times, but we do not guarantee or warrant its uninterrupted or error-free operation. We may suspend or terminate the operation of the website at any time, with or without notice, for any reason, including but not limited to maintenance or updating purposes, technical difficulties, or for any other reason beyond our control.
Disclaimer of liability
To the fullest extent permitted by law, we disclaim all liability for any loss or damage (including but not limited to direct, indirect, punitive, incidental, special or consequential damages, loss of profits or loss of opportunity) arising out of or in connection with the use of the website, whether based on contract, tort, strict liability or otherwise.
We do not guarantee or warrant that the website will be free from errors, omissions, or viruses, or that defects will be corrected. We do not guarantee or warrant the accuracy, completeness, or suitability of any information on the website. The website may contain links to other websites that are not operated by us. We do not endorse or accept any responsibility for the content or use of these third-party websites. By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
Purchasing From The Website
By placing an order through our website, you are agreeing to purchase a product subject to these terms and conditions. After placing an order, you will receive an email from us acknowledging that we have received your order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the "Dispatch Confirmation"). The contract between us will only be formed when we send you the Dispatch Confirmation. We reserve the right to refuse any order placed by you, and we are not obliged to provide a reason for doing so.
Prices and payment
The prices of our products are quoted on our website and are in New Zealand dollars ($). Prices are subject to change at any time, but changes will not affect orders which we have already confirmed. Payments must be made using the payment methods specified on our website. If you fail to make payment on time or payment is declined or refused, we reserve the right to cancel the order.
Delivery costs will be charged in addition to the price of the products as indicated on our website. We will use reasonable efforts to deliver the products to you within a reasonable time. If we are unable to deliver the products to you within reasonable timeframe, we will notify you as soon as possible and you may cancel the order and receive a refund. We are not responsible for any delay in delivery caused by an event outside of our control.
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).
Returns and Refunds
Please refer to our Shipping and Returns page.
Products and Services
The products and services made available by Rosita Real Foods are intended for personal use only and are not intended to diagnose, treat, cure, or prevent any disease. The retailer makes no claims as to the efficacy or suitability of any product sold on the website.
Rosita Real Foods makes every effort to ensure that product descriptions are accurate and up to date. However, we do not warrant that product descriptions or any other content on the website are free from errors or omissions. We reserve the right to make changes to product descriptions or other content on the website without prior notice.
The availability of products on our website is subject to change without notice. We will make every effort to keep the website up to date with accurate information on product availability but cannot guarantee that any product will be available at all times. If a product is out of stock, we will notify the customer as soon as possible and offer a refund.
Product expiry dates
All supplement products have a clearly labelled expiry date printed on the packaging. We advise our customers to use the product before the expiry date to ensure maximum effectiveness and safety.
Storage: Proper storage of our supplement products can help prolong their shelf life. We recommend storing our products in a cool, dry place away from direct sunlight, heat, and moisture.
Returns: We do not accept returns of supplement products that have passed their expiry date, as they may not meet our high-quality standards.
Liability: We are not responsible for any adverse effects or health risks that may arise from the use of our supplement products beyond their expiry date, improper storage, or misuse.
By purchasing and using our supplement products, you agree to abide by these terms and conditions related to the expiry date. If you have any questions or concerns, please contact our customer service team for assistance.
In the event a product is listed at an incorrect price or with incorrect information due to typographical errors or an 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.
Health Claims and Advice
You understand and agree that 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 Australian Therapeutic Goods Administration, 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 any claims made by any product or service listed on the Website. Our statements, the products we sell and the products or services we endorse are not intended to diagnose, treat, cure or prevent any disease.
By creating a customer account, you agree to the following terms and conditions:
Creating a customer account
- You must be at least 18 years old to create a customer account on our website.
- You must provide accurate and complete information when creating your customer account, including your name, email address, and billing and shipping addresses. You are responsible for maintaining the accuracy of this information.
- You are responsible for maintaining the confidentiality of your account username and password. You agree to immediately notify us of any unauthorised use of your account or any other breach of security.
- You may not use another person's account without permission.
- We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders at our sole discretion.
Security of customer accounts
We take the security of our customers’ personal information seriously and use reasonable measures to protect against unauthorised access to or unauthorised alteration, disclosure, or destruction of user data. However, no method of transmission over the internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security of your personal information. You are responsible for keeping your account information up-to-date and for maintaining the security of your account. You agree to notify us immediately if you become aware of any unauthorised access to your account or any other breach of security.
Termination of user accounts
Termination and Suspension
These terms and conditions govern the termination and suspension of access to our website and user accounts by users of our website ("you" or "users"). By accessing and using our website, you agree to be bound by these terms and conditions.
Termination or suspension of access to the website
We reserve the right to terminate or suspend your access to our website at any time and without prior notice if you breach these terms and conditions or any applicable laws and regulations. We may also suspend access to our website in case of any technical issues or maintenance work.
Termination or suspension of user accounts
We reserve the right to terminate or suspend your user account on our website at any time and without prior notice if you breach these terms and conditions or any applicable laws and regulations. We may also suspend or terminate your user account in case of any fraudulent or illegal activities, or if we reasonably believe that your account has been compromised.
Effect of Termination or Suspension
Upon termination or suspension of your access to our website or your user account, you must immediately cease all use of our website and your user account. We may also remove or delete any content or information associated with your user account or your use of our website.
Right to Appeal
If you wish to appeal the termination or suspension of your access to our website or your user account, you may contact us in writing and explain the reasons for your appeal. We will review your appeal and provide a response as soon as possible. Our decision on the appeal will be final and binding.
If you have any questions or concerns about these terms and conditions or any other matter related to our website, please contact us at [email protected].
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.
In the event of any disputes arising from the use of our website or the purchase of our health supplements and products, we encourage customers to contact us first to try to resolve the issue in good faith. You can contact us through the contact details provided on our website.
Dispute resolution process
If the dispute cannot be resolved through direct communication, either party may refer the dispute to mediation. If mediation is not successful, the dispute may be referred to the courts for resolution.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. The parties agree that any disputes arising out of or in connection with these terms and conditions including any question regarding their existence, validity, or termination shall be referred to and resolved by the courts of New Zealand.
“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 regarding 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 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.
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. You will not use Rosita Real Foods trademarks as any part of your social media account name, username, page name, or as a community name without express permission of Rosita Real Foods.
Additional Reseller Terms and Conditions
We have additional terms and conditions to adhere to when you are a reseller for Rosita Real Foods products. These Terms and Conditions are listed below:
- 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.
- You are prohibited from on-selling via 3rd party website (examples include eBay, Yahoo and Amazon).
- 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.
- Do not use Rosita Real Foods trademarks as any part of your social media account name, username, page name, or as a community name without express permission of Rosita Real Foods.
Changes to Terms and Conditions
We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post them on our website. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes. It is your responsibility to check this page periodically to ensure that you are aware of any changes.
Notification of changes
We will notify you of any material changes to the Terms and Conditions by posting a notice on our website or by sending an email to the email address associated with your account. You are responsible for ensuring that the email address associated with your account is accurate and up to date. We are not responsible for any loss or damage resulting from your failure to receive our notification of changes.
Acceptance of changes
By continuing to use the website after we post any changes to these Terms and Conditions, you accept the changes and agree to be bound by them. If you do not agree to the changes, you must stop using the website immediately. If any new terms and conditions are unacceptable to you, you may terminate your account by contacting our customer support team.
Please note that any changes to the Terms and Conditions will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms and Conditions that contain such changes.
Competition Giveaway Rules
Rosita Giveaway Competition Rules and Terms & Conditions
- Eligibility:The Rosita Giveaway (the "Competition") is open to residents of New Zealand who are 18 years of age or older at the time of entry. Employees, contractors, directors and officers of the competition sponsor ("Sponsor") and their respective parent, subsidiaries, and affiliated companies, distributors, licensees, and the advertising, fulfilment, judging and promotion agencies involved in the development and administration of this Competition and each of their respective officers, directors, employees and agents (collectively, "Competition Parties"), and their immediate family members (parent, child, sibling and spouse of each, regardless of where they reside) and those living in their same households of each (whether related or not) are not eligible to participate.
- Competition Period: The Competition begins at 00:01 on the 18th of July 2023 (NZST) on the stated start date and ends at 23:59 on the 1st of September 2023 (NZST) on the stated end date ("Competition Period"). The sponsor's computer is the official time-keeping device for this Competition. The Competition winner will be announced on Wednesday, 6th of September 2023.
- How to Enter: To enter, participants must follow the entry instructions as detailed by the Sponsor. Any attempted form of entry other than as described herein is void. Entry must be made by the entrant, only at the authorized website page. Entries made by any other individual or any entity, and/or originating at any other website or email address, including but not limited to commercial competition subscription notification and/or entering service sites, will be declared invalid and disqualified for this Competition. Please note that each participant is eligible to apply only once.
- Winner Selection: The winner will be selected in a random draw conducted from all qualified entries on or about the stated date. All decisions of the Sponsor are final and binding in all matters relating to this Competition. The Competition winner will be announced on Wednesday, 6th of September 2023.
- Prize: The prize for winning the Competition will be as stated by the Sponsor. The prize is non-transferable, and no cash alternative is available. The Sponsor reserves the right to substitute the prize with a prize of equal or greater value if circumstances beyond the Sponsor's control make it necessary.
- Notification: The winner(s) will be notified via the contact details provided during entry. If a winner cannot be contacted, is unavailable, or has not claimed their prize within 14 days of the announcement, the Sponsor reserves the right to offer the prize to the next eligible entrant drawn at random.
- Data Protection: Entrants' personal data will be collected, stored and processed to administer and assess this Competition. The Sponsor is the data controller for the personal data processed.
- General Conditions: The Sponsor reserves the right to cancel or amend the Competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Sponsor's control.
- Governing Law: These Terms and Conditions are governed by New Zealand law, and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
- Agreement to Rules: By participating, the entrant agrees to be fully unconditionally bound by these rules and represents and warrants that the entrant meets the eligibility requirements. In addition, the entrant agrees to accept the Sponsor's decisions as final and binding concerning the Competition.
Thank you for visiting our website. We strive to provide you with excellent customer service and support. If you have any questions or concerns, please do not hesitate to contact us.
You may contact our customer support team by:
Email: Send us an email at [email protected]. We will respond to your email as quickly as possible, usually within 24 hours.
Live Chat: You may also contact us through our live chat feature available on our website during Monday to Friday 8:30am to 5:00pm. Our customer service representatives will assist you with your questions and concerns in real-time.
We are committed to providing you with prompt and effective customer service. We will make every effort to respond to your inquiries and concerns as quickly as possible. Please be sure to provide us with detailed information regarding your inquiry or concern so that we can provide you with the most accurate and helpful response.
Thank you for choosing Rosita Real Foods. We appreciate your business and look forward to serving you in the future.