Terms & Conditions
TERMS & CONDITIONS
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this website. This website is owned and operated by Fresca Mediterranean Limited.
▪ These Terms and Conditions may change.
Fresca Mediterranean Limited reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
▪ Correction of errors and inaccuracies
While we do our best to ensure our information is correct and up to date, we cannot take responsibility for any inaccurate information or misrepresentation of materials on our website. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability.
In instances where the advertised product is not available, we reserve the right to substitute a product of equivalent quality if we have it available. If you are not happy with the replacement product which has been sent to you, we will refund the price.
▪ Prices and payment
All prices on this website are in New Zealand dollars and are inclusive of GST. We reserve the right to alter the prices at any time for any reason.
(1) All payments must be made by you in full.
(2) Payments must be made via the payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.
(3) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you in the event that a credit card or PayPal account is used fraudulently or in an unauthorised manner.
(4) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
▪ Consumer Guarantees Act
Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.
▪ Electronic Transaction Act
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the people sending any such message need not include a functional unsubscribe facility in that message.
▪ Applicable laws
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.
The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.
▪ Disclaimer
You assume all responsibility and risk for the use of this site and the Internet generally. This site is provided by Fresca Mediterranean Limited on an as is basis. Fresca Mediterranean Limited makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Fresca Mediterranean Limited disclaims all warranties, express or implied, including but not limited to, implied warranties, of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other property rights, and freedom from errors, viruses, bugs, or other harmful components. Fresca Mediterranean Limited will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages, or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of this site, any delays on the site, or the inability to use the site, any portion thereof, or any hyperlinked web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Fresca Mediterranean Limited has been advised of such damages.
▪ Force Majeure
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
▪ Transfer & Assignment
If we merge, sell, or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content, and rights that we have collected from you and any agreements it has made with you.
▪ Limitation of Liability
Under no circumstances shall Fresca Mediterranean Limited or any of our employees, members, agents, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortuous action, even if an authorized representative of Fresca Mediterranean Limited has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this web site or any of its content, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this site, that your use of this site is at your sole risk.
▪ Copyright
It is expressed that everything contained on this website is copyrighted and may not be used without written permission of Fresca Mediterranean Limited. Fresca Mediterranean Limited neither warrants nor represents that your use of materials displayed on this website will not infringe the rights of third parties not owned by or affiliated with Fresca Mediterranean Limited.
▪ Trademark
The trademarks, logos and service marks (“trademarks”) displayed on this website are registered and unregistered trademarks of Fresca Mediterranean Limited, its affiliates and others. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this website.
RETURNS & REFUNDS
We pride ourselves on selling quality products and we love getting feedback from our happy customers. If for any reason you’re not completely satisfied with our products, please let us know.
Please choose carefully as we will not offer a refund if you have simply changed your mind or ordered the incorrect products.
If you receive a defective product, we offer either a replacement product or a full refund (including postage).
Refunds are processed within four weeks of the return of the defective product, though in many cases refunds will be processed more quickly. If you need to return an item, please contact us via the form on our Contact page, or email fresca@medfoods.nz.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
▪ Sale items
As refunds are only available for regular priced items, sale items unfortunately cannot be refunded.
▪ Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at fresca@medfoods.nz and send your item to: 9A Newnham St, Rangiora, Canterbury 7400.
▪ Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift-giver had the order shipped to themselves to give to you later, we will send a refund to the gift-giver and they will find out about your return.
▪ Shipping
To return your product, you should mail your product to: 9A Newnham St, Rangiora, Canterbury 7400.
You will be responsible for paying for your own shipping costs for returning the item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
The time it takes for your exchanged product to reach you may vary depending on where you live.
If you are shipping an item over $75, please consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.