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Terms

Thanks for using our products and services (“Services”). The Services are provided by Rosie Applications Inc. (“Rosie”), located at 171 E State St., Suite 216, Box 123 Ithaca, NY 14850, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Retailers

The Rosie Services permit you to order and receive products, information, and services from businesses that are not owned or operated by Rosie (“Retailers”). Rosie acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by the Retailer’s policies solely between you and such businesses. Rosie makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Rosie makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

Rosie’s Retailers believe in offering our customers the best product at the best price. They strive to provide you with great prices compared to the competition near your address, and certain items may be priced differently depending on your address, the address you choose before placing items in your cart, and the retailer you select. Although our retailer’s goal is to fulfill 100% of each order, given the perishable nature of the products you enjoy, from time to time products may be unavailable due to market conditions beyond our retailer’s control or to quality that is below their standards. At times when we have an item that’s very similar to the item you ordered, our Retailers may make a substitution, but will only do so if you’ve authorized substitutions.

Substitutions can be designated on your account settings page, as well as on an item by item basis. If you’re not happy with the substituted item, please email us at support@rosieapp.com. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to your scheduled pickup or delivery. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your credit card or checking account will not be charged.

Because our Retailers custom-cut, -select, and -order your perishables, the per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once our Retailers have prepared and weighed your order. The final price will appear on the emailed receipt you receive at the time your order is ready for pickup or delivery — you always pay the true price for the actual weight of your products.

Please note: Retailers or Rosie reserve the right to limit your order or the quantity of a particular product that you may order.

Ordering

Orders for pickup or delivery must be received before posted cutoff times for a given retailer. Available pickup and delivery windows and associated charges and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to ten days before your pickup/delivery date. To view pickup and delivery time slots and cutoff times, please visit the My Stores section when logged into your account. You may cancel orders before the cutoff time by contacting the local grocery store you placed your order with.

Cancellation of orders after the cutoff time may result in a Cancellation Fee equal to the sum of (A) 100% of the total dollar amount of your perishable items (since perishable items are custom-ordered from our Retailers (defined below) and are fresh) plus (B) 25% of the total dollar amount of your nonperishable items.

Our item refund and return policy can be found here: Rosie Item Returns and Refunds Policy

Pricing

Pickup pricing is determined by the Retailer.

Local pickup pricing is determined by the Retailer.

Delivery pricing is determined by the Retailer, and may increase based on your distance from the local store you select.

Prices for groceries ordered through Rosie may be different from in-store prices at our retail partners. Rosie honors all in-store specials and sale prices as instructed by participating retailers. Sale prices are determined by the retailer. If you notice an item that you believe is priced incorrectly or unfairly, please email us at support@rosieapp.com.

Pickup

To receive your order for Pickup, you must be present to receive your order at your chosen Retailer during your selected Pickup window. Once your order is ready for pickup, Rosie will send you an email detailing the final contents of your order (noting substitutions and out-of-stock items where applicable) and a unique Confirmation Code to receive your order. When you arrive at the store, you will need to present your Confirmation Code to receive your order.

If you are not present during your selected Pickup window, we will use commercially reasonable efforts to contact you and reschedule your Pickup. In such case, if you are unable to pickup the order for any reason, the order will be canceled and you may be charged a Cancellation Fee as described above.

Delivery

Delivery Providers

Rosie partners with third party delivery providers or its Retailers (“Delivery Provider(s)”) to provide you delivery services. Our Delivery Providers may or may not use vehicles with insulated bags, coolers, or refrigerator/freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer.

Attended Delivery

To receive Attended Delivery, you must live in a residential apartment or home and you or your doorman must be present to receive your order from the Delivery Provider during your selected delivery window. Anyone at the delivery address who receives the delivery by presenting the Confirmation Code is conclusively presumed to be authorized to receive the delivery. If you or your doorman are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (a redelivery fee may apply, at the discretion of the Delivery Provider) for that day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you may be charged a Cancellation Fee as described above.

No-Contact Delivery

If you prefer a No-Contact Delivery or need to request one for health reasons you can make that request in the Delivery Instructions. Your Delivery Provider may also reach out to you through a call or text message when you place an order to request a No-Contact Delivery as well.

If a No-Contact Delivery is requested, the Delivery Provider will leave your order in a safe place and may alert you when it’s ready for pickup. Here’s how this works if you’d like to request one:

Add instructions. At checkout, update the “Delivery Instructions” section with your request for a No-Contact Delivery and with details about the drop-off location. Please be specific about the location and instructions. Note: For age-restricted items, someone of legal age must be present with a valid government ID to accept the delivery.

By requesting No-Contact Delivery you accept full responsibility for your order after it has been delivered unattended, including any loss due to theft or damage due to temperature sensitivity.

Delivery Limitations May Apply

Rosie delivers case sizes of a variety of different goods, including laundry detergent, beverages, etc. Given the heavy weight of some of these products, and our concern for the health of our Delivery Providers, we have purchase limits on a variety of these items on our web site. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) above the 5th floor, or deliver more than 3 cases of beverages above the 4th floor. In the event of a broken elevator, we also do not ask our Delivery Providers to carry groceries more than 5 floors. You must be 18 or older to receive a grocery delivery placed through our service. Our technology cannot, and does not, enforce these limits. We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again, this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.

In an effort to meet the committed delivery time for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please contact our support team at support@rosieapp.com.

In the case of inclement weather or unforeseen delivery complications, it may be necessary for our Delivery Providers to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. Our Delivery Providers will deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM local time without a customer’s consent. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

Rosie’s Delivery Providers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so if exceptional service is provided by the driver.

Fuel Surcharge

In order to help offset the impact of dramatic rises in oil and fuel prices, Delivery Providers may add a fuel surcharge for Delivery orders. The fuel surcharge helps cover not merely the increased cost of making deliveries to our customers, but also broad increases in commodity and utility prices that directly effect running — and refrigerating — our Delivery Pro’s vehicles. This surcharge will be calculated based on the national average price of gas on the first of each month, as reported by the AAA fuel gauge report (www.fuelgaugereport.aaa.com) and per the table below:

Avg. Retail Price of Gasoline
Under $3.26 = No surcharge
$3.26 – 3.50 = $0.38 surcharge
$3.51 – 3.75 = $0.68 surcharge
$3.76 – 4.00 = $0.98 surcharge
$4.01 – 4.25 = $1.28 surcharge
$4.26 – 4.50 = $1.48 surcharge
$4.51 + = $1.48 surcharge + 15¢ for every 25¢ increase in gasoline prices

Transactions Involving Alcohol And/Or Tobacco

You may have the option to order delivery of alcohol and/or tobacco products in some locations and from certain retailers. You agree that you will comply with all applicable laws and not cause Rosie, or any Retailer to break any applicable laws. – You agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States). You agree that you are of legal age for purchasing, possessing, and consuming tobacco (i.e., 21 years of age or older in the United States).

If you order alcohol and/or tobacco products, you understand and acknowledge that Rosie cannot accept your order of alcohol and/or tobacco products, and the order will only be fulfilled if the Retailer accepts your order. You agree that, upon pickup or delivery of alcohol and/or tobacco products, the recipient will provide valid government-issued identification proving their age to the Delivery Provider delivering the alcohol and/or tobacco products, that the recipient will not be intoxicated when receiving delivery of such products, and that alcohol and/or tobacco has not been purchased with the intent to resell the alcohol and/or tobacco or provide the alcohol and/or tobacco to someone who is not of legal drinking age. You agree that if any applicable legal requirements for the delivery of alcohol and/or tobacco are not met, Rosie, the Retailer, and/or the Delivery Provider reserves the right to cancel the alcohol and/or tobacco related portion of your order. Special requests or substitutions for the purchase of alcohol and/or products may not be honored; all requests for the purchase of alcohol and/or tobacco products must be made through the catalog available through the Services at the time of submitting the order.

Customers who purchase alcohol through the Rosie platform for delivery within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD. (Sections 281-78 & 101.5, Hawaii Revised Statutes).

Safety Information Prop 65

About California Proposition 65

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which includes more that 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.

We are providing the following warning for products linked to this page:

WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

Fresh Fruits, Nuts, and Vegetables

California requires the following notice:

WARNING: This product may contain a chemical known to the State of California to cause cancer, or birth defects or other reproductive harm.

For more information go to www.P65Warnings.ca.gov/food.

Alcoholic Beverages, Including, Without Limitation, Beer, Malt, Beverages, Wine, and Distilled Spirits

California requires the following notice:

WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.

For more information go to www.P65Warnings.ca.gov/alcoholic-beverages.

Canned and Bottled Foods and Beverages

California requires the following notice:

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

Coffee and Some Roasted Nuts, Baked Goods and Snack Foods

California requires the following notice:

WARNING: Chemicals known to the State of California to cause cancer and birth defects or other reproductive harm, including acrylamide, are present in coffee and some roasted nuts, baked goods and snack foods such as chips. Acrylamide is not added to these products, but results naturally from the roasting, baking or cooking process. The FDA has not advised people to stop consuming foods that are fried, roasted, or baked. For more information regarding the FDA’s views, visit www.fda.gov.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Your Content in our Services

Some of our Services allow you to submit content.

When you interact with our Services, you give Rosie (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Ownership

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Rosie. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Rosie for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Rosie is strictly prohibited.

Trademarks

“Rosie”, all Rosie logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Rosie or otherwise proprietary to Rosie and may not be used by you for any reason other than as expressly permitted. All other trademarks, service marks, product names, and company names or logos appearing in the Rosie Service and on the site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this site or the Services.

Our Services display some content that is not Rosie’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Rosie Account

You may need a Rosie Account in order to use some of our Services. You will need to create your own Rosie Account. We use the demographic information you provide in the signup process to enable personalized features and additional benefits that make the shopping experience faster and more convenient. Your privacy and data is very important to us and we follow strict guidelines to preserve and protect individual customer information. Your data is anonymized and will never be used to identify you to a third party.

Rosie protects your privacy when you use our Services. By using our Services, you agree that Rosie can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Rosie’s policy about responding to notices legal@rosieapp.com

About Software in our Services

When our Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Rosie gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Rosie as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Rosie, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Rosie may also stop providing Services to you, or add or create new limits to our Services at any time.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ROSIE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, ROSIE, AND ROSIE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ROSIE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, ROSIE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Rosie and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Rosie and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the State of New York, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services.

By using our site, you consent to this legal policy.

Rosie may from time to time update this legal policy. If we decide to change our legal policy, we will post those changes on this page.

This policy was last modified on 2/22/2022.

Contacting Us

If there are any questions regarding this legal policy you may contact us using the information below. We appreciate your feedback!

Rosie Applications Inc.
171 E State St.
Suite 216, Box 123
Ithaca, NY 14850
United States
support@rosieapp.com
1-855-ROSIENOW (767-4366)