Promotional Fresh Fruit Voucher — Terms & Conditions

Colorado Fresh Fruit Company LLC
Effective: October 2026

These Terms & Conditions ("Terms") apply to the limited-time October 2026 Promotional Fresh Fruit Voucher offers issued by Colorado Fresh Fruit Company LLC ("Colorado Fresh Fruit Company," "Company," "we," "us," or "our"). By purchasing, accepting, gifting, or redeeming a voucher, the purchaser and voucher holder agree to the applicable Terms, subject to rights provided by law. The terms disclosed when a voucher is purchased govern that voucher.

These Terms incorporate the Company's website Terms & Conditions, Shipping & Payment Policy, and Return & Refund Policy identified in Section 11, subject to the scope, order of precedence, and policy-version provisions stated there.

1. The Offers, Sale Period & Quantity Limits

Option A — Promotional Fresh Fruit Gift Voucher ($59.95). One voucher purchased for $59.95, eligible for the promotional fruit-box benefit only when redeemed by a qualifying new customer. The voucher retains a nonexpiring $59.95 paid value even if its holder cannot use or does not timely use the promotional benefit.

Option B — Buy One for Yourself, Gift One ($129.95). One package containing two independently redeemable vouchers:

Gift Voucher: one voucher with a $59.95 paid value, governed by the same new-customer restrictions as Option A.
Personal Voucher: one voucher with a $70.00 paid value, whose promotional fruit-box benefit may be used by the purchaser or another holder, including an existing or returning Colorado Fresh Fruit Company customer.

During the promotional redemption period, each eligible, unredeemed voucher entitles its holder to one qualifying fresh fruit box with included standard shipping as provided below. Each voucher is a separate entitlement with its own redemption code.

Sale ends October 25, 2026, at 11:59 p.m. Mountain Time, or earlier if sold out. There are 200 individual vouchers available in total across both offers; each two-voucher package uses two of the 200 available vouchers. Sales may close when that allocation is exhausted. Purchases that exceed these Terms or cannot be fulfilled may be canceled with a refund of the affected purchase price.

2. Eligible Fruit Boxes & Advertised Value

Subject to seasonal inventory and designation of qualifying products at redemption, an eligible voucher may be used for one of the following offerings:

A qualifying 12-count box of Palisade peaches (the signature offering);
A qualifying 12-count box of Colorado apples;
A qualifying 12-count box of Colorado pears;
A qualifying 2-pound box of Colorado sweet cherries;
A qualifying 2-pound box of Colorado apricots; or
A qualifying 2-pound box of Colorado plums.

The signature 12-count Palisade Peach Box has an advertised regular retail value of approximately $99.95, including standard shipping. This is a reference retail value, not a cash balance or guarantee that every alternative box has the same retail price. Specific varieties, sizing, packaging, harvest dates, and alternative products may differ from year to year. No particular fruit or variety is guaranteed throughout the season.

One qualifying fruit box fully satisfies one voucher's promotional benefit. If the holder selects a qualifying option with a lower regular selling price, no additional fruit, credit, or refund is owed for the difference. Promotional redemptions cannot ordinarily be converted to cash, general store credit, pantry products, merchandise, or unrelated products, except where the Company offers an alternative under Section 5 or applicable law requires otherwise.

3. Promotional Redemption Period & Expiration

The promotional fruit-box benefit is intended for redemption during the 2027 Colorado fruit-growing season. Unless extended under Section 5 or applicable law, the promotional benefit expires October 1, 2027, at 11:59 p.m. Mountain Time.

This date concerns only the promotional benefit. The amount originally paid for the voucher never expires. Season dates and ordering windows vary by fruit, harvest, and available inventory. The October 1 date does not guarantee that any particular fruit will remain available until that date. Holders should order during the applicable seasonal preorder or shipping window.

A qualifying promotional order completed and accepted before the applicable expiration date remains eligible for shipment afterward if scheduled as part of that accepted order. Expiration does not require us to ship fruit outside a practicable harvest and delivery window.

4. Nonexpiring Paid Value; Partial Balances

Each voucher includes a paid-value component equal to the amount allocated and paid for that voucher: $59.95 for each Gift Voucher or $70.00 for the Personal Voucher in Option B. Paid value never expires and is not subject to inactivity, dormancy, maintenance, activation, or redemption fees.

If a holder is ineligible for promotional redemption, the holder does not redeem the promotional benefit in time, or the promotional benefit has otherwise expired, the holder may apply the voucher's remaining paid value toward eligible products sold by Colorado Fresh Fruit Company at their then-current prices, subject to product availability and applicable purchase restrictions. Paid-value redemption does not include the promotional free-shipping entitlement; shipping on a regular-price purchase is governed by the shipping terms for that purchase.

If the eligible purchase costs more than the remaining paid balance, the customer pays the difference. If it costs less, the remaining paid balance is retained for future purchases. The Company may provide a replacement or updated code or otherwise assist with tracking any balance. Paid value cannot be used to purchase additional gift cards or promotional vouchers.

After a voucher is redeemed in full for a qualifying promotional fruit box, that voucher is fully used, and neither the paid value nor the promotional benefit remains separately available.

Vouchers are not exchangeable for cash except where required by law.

5. Crop Failure, Extended Seasons & Discretionary Alternatives

Agricultural products are subject to frost, freeze, hail, drought, disease, weather, transportation interruption, harvest failure, and other conditions outside the Company's reasonable control.

If a catastrophic crop failure or similarly severe agricultural event during the 2027 growing season prevents Colorado Fresh Fruit Company from making the qualifying 12-count Palisade Peach Box or other qualifying fresh fruit redemption options reasonably available for substantially all of that season, the promotional redemption period will extend by one additional growing season, and the promotional benefit will expire on October 1, 2028, at 11:59 p.m. Mountain Time, unless applicable law requires otherwise. A partial crop reduction, temporary inventory shortage, or the unavailability of a single alternative fruit does not trigger this extension when customers can still reasonably redeem their promotional voucher for a qualifying fruit box.

If qualifying fruit-box redemption is reasonably available during the 2027 season, the scheduled promotional expiration remains October 1, 2027. If the qualifying catastrophic crop-failure conditions described above occur, the deadline extends to October 1, 2028. No further automatic crop-loss extension is provided beyond that date, except as required by law. The Company will determine crop and fulfillment availability consistently and in good faith and will communicate any resulting extension on its website or to affected holders.

When crop loss or severe supply disruption occurs, the Company may, but is not required to, offer a reasonable substitute consisting of other fresh fruit, shelf-stable pantry products, or a comparable product assortment. Any substitute is discretionary and will be disclosed for the holder's acceptance. Acceptance and completed fulfillment of a substitute satisfies that voucher's promotional entitlement. A holder who declines an offered substitute retains the applicable voucher rights, including any qualifying crop-loss extension and the protected paid value.

Nothing in this section authorizes forfeiture of paid value or displaces a refund or other remedy required by law.

6. Gift Voucher Eligibility — New Customers Only

The promotional fruit-box benefit on every $59.95 Gift Voucher (whether purchased separately or as the gift portion of Option B) is available only to a new Colorado Fresh Fruit Company customer.

For this promotion, a "new customer" is a person who has not previously completed a paid product purchase directly from Colorado Fresh Fruit Company, through its website or retail store, before requesting promotional redemption. A person who has previously received fruit as a gift, but has never personally completed a paid product purchase, remains eligible. Buying a voucher to give away does not, by itself, count as a paid fruit-product purchase.

An existing or returning customer may purchase Gift Vouchers for eligible new recipients. A returning customer who purchases or receives a Gift Voucher may not claim the additional promotional fruit-box benefit, but may redeem its $59.95 paid value at any time under Section 4.

The new-customer promotional benefit is limited to one Gift Voucher redemption per eligible recipient during this promotion; multiple Gift Vouchers intended for promotional use should be given to different eligible recipients. One promotional voucher may be applied to a qualifying order, and promotional benefits may not be stacked. The Company may reasonably verify eligibility against prior customer and order records and may deny additional promotional value for duplicate accounts or materially false eligibility representations, without forfeiting legally protected paid value.

7. Purchase Limits

A purchasing customer may buy a maximum of two (2) individual $59.95 Gift Vouchers under Option A and one (1) $129.95 two-voucher package under Option B. Purchasing both offers to their stated limits results in three Gift Vouchers and one Personal Voucher, or four individual vouchers in total.

These are limits per purchaser, not a guarantee that all four vouchers may be redeemed by the same person for promotional benefits. Section 6 applies independently to each Gift Voucher. Attempts to evade purchase limits through duplicate accounts or misrepresentations may be rejected or canceled, with applicable refunds.

8. Special Terms for the Two-Voucher Package

The $129.95 Buy One for Yourself, Gift One package comprises independent vouchers:

The $59.95 Gift Voucher is intended for a new recipient and is subject to the Gift Voucher eligibility restriction, including the one-promotional-Gift-Voucher-per-recipient rule.
The $70.00 Personal Voucher may be redeemed for its promotional fruit-box benefit by the purchaser or a designated transferee whether or not that holder has ordered from the Company previously. It remains subject to the same fruit choices, standard shipping rules, seasonal availability, crop-loss extensions, and promotional expiration as the Gift Voucher.

The vouchers need not be redeemed together, by the same person, or in the same growing season. Redemption of one does not affect the other's independent rights. Neither voucher may be combined with the other to obtain a larger box or a more expensive product except where the Company expressly allows it. The two vouchers retain their separate $59.95 and $70.00 nonexpiring paid values if their promotional benefits are not redeemed.

9. Printable PDF Vouchers & Optional Premium Printed Presentation

The standard promotional voucher is a printable digital gift voucher delivered by email in PDF format, at no additional charge. The purchaser may download it, print it at home, give a printed copy to a recipient, or forward the PDF by email. Delivery is made to the email address supplied for the order; the purchaser is responsible for providing accurate delivery information and may contact customer support if assistance is needed.

As a separate, optional convenience, the Company may offer a premium physical presentation and mailing service for an additional, separately disclosed price. This service provides a professionally printed folding-style gift card with a coordinating envelope, mailed either to the purchaser for gifting or directly to a designated recipient. It is a presentation and delivery upgrade, not a required part of the voucher purchase.

The Company may modify, suspend, or discontinue this optional service for future orders at its discretion. Where the Company accepts payment for the optional service but cannot provide it, the separate optional-service charge will be refunded without reducing or canceling the underlying voucher.

The digital PDF and any purchased premium physical presentation represent the same underlying voucher and redemption code. Printing additional copies or purchasing the physical presentation does not create additional value or redemption rights. No activation, maintenance, inactivity, dormancy, or redemption fees are imposed on the voucher or deducted from its paid balance. The optional physical presentation and mailing charge is separately itemized and does not reduce that balance.

10. How to Redeem

During the relevant seasonal ordering window, visit ColoradoFreshFruit.com, select an available qualifying fruit-box offering, and enter the voucher's redemption code in the applicable field during checkout, following the instructions provided with the voucher. If the applicable redemption method is unavailable, contact support@coloradofreshfruit.com for assistance before placing an order.

Only one voucher's promotional benefit may be applied per qualifying fruit-box order. A voucher may be used for its promotional benefit only once. Paid-value redemptions after promotional expiration or by ineligible holders may require customer service assistance or an updated code to ensure proper accounting for partial balances.

Promotional vouchers may not be redeemed through unaffiliated marketplaces, third-party sellers, or unauthorized resale channels.

11. Incorporated Store Policies; Shipping, Perishable Goods & Claims

Incorporated policies. Voucher-related purchases and orders placed using a voucher are subject to the following Company policies (collectively, the "Store Policies"), which are incorporated by reference:

Scope and order of precedence. For order processing, shipment, delivery, transit delays, perishable-product condition, missing or misdelivered shipments, claim documentation, order changes or cancellations, and replacements or refunds relating to products obtained using a voucher, the applicable Store Policies control over any conflicting provision or summary in these voucher Terms. The subject-specific Shipping & Payment Policy and Return & Refund Policy control over general website provisions on matters they expressly address; the Return & Refund Policy controls eligibility for product-claim remedies. These voucher Terms supplement, and do not create a separate or broader satisfaction guarantee than, the applicable Store Policies.

The specific voucher benefits and restrictions stated in these Terms continue to govern the voucher itself, including its paid value, promotional fruit-box entitlement, included standard shipping, eligibility, purchase limits, expiration, and crop-failure extension. General Store Policy language does not cancel those expressly purchased benefits or override nonwaivable rights. The Store Policies disclosed at voucher purchase form part of the agreement. Updated operational procedures disclosed before a redemption order is accepted may apply to that order only to the extent consistent with the voucher's purchased rights, Section 17, and applicable law.

Shipping eligibility and delivery conditions. A qualifying promotional fruit-box redemption includes standard shipping to an eligible physical address in the contiguous 48 United States, subject to the address exclusions, carrier service areas, shipping methods, schedules, and other conditions in the Shipping & Payment Policy. Expedited upgrades, separately purchased items, address corrections, forwarding, and replacement shipments resulting from customer-supplied address errors may carry the charges specified in the applicable Store Policies. Purchasers and recipients must provide accurate delivery information and arrange for prompt receipt and appropriate handling of perishable products. Customer-requested carrier holds or redirects, undeliverable addresses, transit delays, and alleged carrier delivery errors are governed by the Store Policies; this voucher does not provide an additional delivery guarantee or automatic refund right.

Required notice and photographs. Inspect fresh fruit and its packaging immediately upon delivery. Any damage, spoilage, overripeness, or other claimed quality or condition issue must be reported by email to support@coloradofreshfruit.com immediately and no later than 24 hours after delivery, with the order number, a description of the issue, and clear photographic documentation. Photographs must accompany the initial claim; do not wait for us to request them. This requirement is subject to any express claim-specific exception in the controlling Return & Refund Policy and to applicable law.

Required photographs must clearly show the affected fruit or other contents, the interior packaging, and the exterior shipping box and label. When exterior shipping damage is apparent, photograph the box before opening it, then photograph the contents and internal damage after opening. Preserve packaging and other available evidence for claim review, to the extent safe and practicable, and cooperate with reasonable requests for additional documentation. Do not ship perishable products back unless the Company specifically authorizes it.

Other order or delivery issues. Claimed shortages, incorrect contents, and other issues with a received shipment also require supporting photographs unless the controlling Return & Refund Policy expressly provides otherwise. Where a package has not been received, report the issue immediately and supply the order number, confirmed shipping address, tracking information, relevant carrier communications, and any available photographs or delivery records. A photograph of an unreceived package is not required. Follow the applicable Store Policy procedures and reasonable Company or carrier investigation instructions. Missing-fruit claims remain subject to any express alternative verification procedure in the Return & Refund Policy.

Claims, insurance, and remedies. The Company may submit a claim to the shipping carrier or a third-party shipping insurer and may use the customer's supporting documentation for that purpose. Customers must reasonably cooperate with claim verification. Coverage, claim approval, and insurance payments are not guaranteed, and submission of a claim is not an admission of liability. These provisions do not make an otherwise owed replacement or refund contingent on insurance approval or payment, or postpone a remedy required by the applicable Store Policies or law.

Late, incomplete, or unsupported claims may be denied to the extent permitted by the controlling Store Policies and applicable law. Any replacement, refund, or other remedy is determined under those policies and Section 12, not solely by the customer's preferred remedy. Nothing in this section shortens a nonwaivable statutory notice period or eliminates a remedy that cannot lawfully be waived.

12. Additional Restrictions; Refunds; Lost Codes

Promotional benefits are not redeemable for cash, cannot be converted into an unrestricted monetary credit, and cannot be stacked with other promotions unless expressly authorized.
Vouchers may be transferred as gifts. Commercial resale, trafficking, alteration of codes, unauthorized reproduction for redemption, and other fraudulent use are prohibited.
A printed or forwarded copy of a voucher does not create an additional entitlement; the first valid completed redemption exhausts the promotional benefit of that voucher.
Voucher purchases are generally final except for Company cancellation, failure of performance requiring a remedy, or circumstances in which a refund or other remedy is required by law. The applicable Store Policies also govern to the extent provided in Section 11.
Reasonable identity or purchase verification may be required for replacement of a lost code, balance inquiry, or investigation of suspected unauthorized redemption. Replacement will not be provided for a voucher already validly redeemed.
We may decline unauthorized or fraudulent promotional use, without withholding a lawfully owed paid balance or a mandatory consumer remedy.
We may use reasonable procedures to administer redemptions and balances, but will not retroactively reduce a voucher's purchased rights through later terms changes.

Products ordered using a voucher. Returns, exchanges, cancellations, replacements, and refunds for products ordered using a voucher are governed by the Return & Refund Policy, the Shipping & Payment Policy, and the Website Terms & Conditions, in the order stated in Section 11. Perishable products are not returnable or exchangeable under the Return & Refund Policy. A qualifying product claim will be handled through the replacement or other remedy available under that policy; a voucher holder does not obtain a separate right to demand a cash refund merely because a voucher was used. The notice, photograph, and verification requirements in Section 11 apply.

Refund valuation and duplicate recovery. Subject to the controlling Store Policies and applicable law, any authorized refund attributable to a voucher is based on the amount actually paid for that individual voucher, or the corresponding proportion for an authorized partial refund, less amounts already refunded for that same loss. It is not based on the advertised retail value or promotional savings. The applicable paid value is $59.95 for a Gift Voucher or $70.00 for a Personal Voucher. Separately paid amounts are handled under the applicable Store Policies and law. Refunds are processed according to the applicable Return & Refund Policy and the payment used for the original purchase. A replacement, refund, or insurance-funded reimbursement does not create a second voucher entitlement or a right to duplicate recovery for the same loss. Nothing here reduces an unused paid balance or a refund or remedy required by law.

13. Governing Law, Jurisdiction & Venue

These Terms and disputes concerning the purchase, issuance, transfer, redemption, use, or enforcement of a voucher are governed by Colorado law, without regard to its conflict-of-law principles, except where another jurisdiction's mandatory consumer protections apply.

Subject to nonwaivable jurisdiction and venue rights, any related action brought in state court shall be filed in a court of competent jurisdiction in Delta County, Colorado. If federal subject-matter jurisdiction independently exists and the action is properly filed in or removed to federal court, the designated federal court is the United States District Court for the District of Colorado, with Denver, Colorado, the requested location for proceedings, subject to that court's authority and applicable rules.

To the extent law permits, the parties consent to personal jurisdiction in those courts and waive objections based on venue or inconvenient forum. This clause neither creates federal jurisdiction nor prevents a consumer from exercising any nonwaivable right to sue in another appropriate court, including a qualifying small claims court.

14. Attorney's Fees & Costs of Enforcement

In an action arising from or relating to these Terms or a voucher, Colorado Fresh Fruit Company LLC, if determined by the court to be the prevailing party, may recover reasonable attorney's fees, court costs, and other legally recoverable litigation expenses, in addition to other relief, to the fullest extent permitted by applicable law. The court will determine prevailing-party status and the reasonableness and recoverability of any fees or costs.

This contractual provision is intended to benefit the Company and does not independently grant reciprocal contractual fees except where reciprocity is required by applicable law. Nothing in this provision waives or limits any purchaser's or holder's statutory right to recover attorney's fees, costs, damages, or other remedies, or attempts to override mandatory consumer-protection law. If the governing law requires reciprocity, this clause shall be applied reciprocally to the extent required.

15. Severability, Enforceability & Survival

If any part of these Terms is found invalid, illegal, void, or unenforceable by a court with jurisdiction, that determination shall not invalidate the remaining provisions, which remain effective to the maximum extent permitted by law. The affected provision shall be severed only to the extent necessary, and, where legally permitted, construed or limited to preserve its lawful purpose without depriving a consumer of mandatory protections.

The parties intend the provisions to be independently enforceable where lawful; however, this clause does not compel enforcement of an agreement or restriction that applicable law requires to be set aside in its entirety.

Provisions that by their nature remain relevant after a voucher's promotional expiration, redemption, cancellation, or termination—including duties concerning remaining paid value, dispute resolution, governing law, attorney's fees, limitations of liability, indemnification, and legal enforcement—survive to the extent necessary and legally permitted. No provision waives a right or remedy that cannot lawfully be waived.

16. Delays; Limitation of Liability; Indemnification & Hold Harmless

Events beyond reasonable control. The Company will use commercially reasonable efforts to honor valid voucher redemptions in accordance with these Terms and the applicable Store Policies. Crop events, unusual weather, disasters, carrier interruptions, governmental restrictions, and similar events beyond reasonable control may affect fulfillment and scheduling. Subject to the Store Policies and applicable law, the Company is not liable for delay or inability to perform to the extent caused by those events. This provision does not cancel the specific crop-failure extension, the nonexpiring paid value, or an otherwise required remedy.

Monetary liability cap. To the fullest extent permitted by applicable law, and subject to the preserved obligations and exceptions below, the total aggregate monetary liability of Colorado Fresh Fruit Company LLC and its members, officers, employees, and agents arising out of or relating to an individual voucher or its promotional fruit-box redemption shall not exceed the amount actually paid for that individual voucher: $59.95 for a Gift Voucher or $70.00 for a Personal Voucher. This is a combined cap for claims relating to the same voucher, not a separate limit for each purchaser, recipient, holder, legal theory, or claim. The advertised retail value and promotional savings do not increase this cap. This provision limits recoverable monetary damages; it does not independently create a right to a cash refund.

Excluded damages. To the fullest extent permitted by applicable law, and subject to the exceptions below, the Company and the persons identified above shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, anticipated savings, or business opportunities, arising from or relating to a voucher or its redemption. These limitations apply whether a claim is based on contract, warranty, tort (including negligence), strict liability, or another legal theory, even if the possibility of such loss was disclosed.

Preserved obligations and legal exceptions. These limitations do not excuse the Company's obligation to honor a valid voucher according to its purchased terms, preserve its remaining paid value, or provide a replacement, refund, or other remedy expressly owed under the controlling Store Policies. They do not authorize retention of separately paid amounts that must be refunded under these Terms, the Store Policies, or law. They do not apply to liability for fraud, willful or wanton misconduct, or any injury, damages, statutory attorney's fees, or other relief that applicable law does not permit the Company to limit. Legally protected personal-injury and product-liability claims are not waived. Where a limited remedy cannot lawfully be enforced, the remedy required by applicable law remains available. The limitations in this section supplement compatible Store Policy provisions and do not enlarge or override the claim remedies established under Sections 11 and 12.

Indemnification and hold harmless. To the extent permitted by applicable law, each purchaser or voucher holder who agrees to these Terms agrees to indemnify and hold harmless Colorado Fresh Fruit Company LLC and its members, officers, employees, and agents from third-party claims, liabilities, damages, and reasonable, legally recoverable defense costs, including attorney's fees, but only to the extent caused by that person's material breach of these Terms or the applicable Store Policies, fraudulent or unauthorized use or resale of a voucher, willful misconduct, or violation of law or a third party's rights.

This indemnification applies to third-party claims, not to a purchaser's or holder's own good-faith claim against the Company or lawful exercise of consumer rights. It does not require a purchaser or holder to indemnify the Company for the Company's own negligence, defective products, breach of contract, fraud, willful misconduct, or violation of law. Recoverable amounts must be reasonable and attributable to the covered conduct; settlement amounts require the indemnifying person's written approval, which shall not be unreasonably withheld. Attorney's fees in a direct dispute between the Company and a purchaser or holder remain governed by Section 14 and applicable law.

17. Customer Service; Agreement & Updates

Colorado Fresh Fruit Company LLC
130 E Bridge Street, Suite A
Hotchkiss, Colorado 81419
Email: support@coloradofreshfruit.com
Phone: (970) 283-7665
Website: ColoradoFreshFruit.com

Questions about eligibility, email delivery, missing codes, remaining balances, crop-loss extensions, product availability, or redemption can be directed to customer service. The Terms presented at purchase, together with the applicable incorporated Store Policies and the order of precedence stated in Section 11, control that voucher and its redemption. Later modifications that materially reduce existing purchased rights will not apply retroactively unless required by law.

Important summary: Promotional fruit-box benefits have eligibility restrictions and a scheduled expiration of October 1, 2027, subject to a one-season catastrophic crop-failure extension to October 1, 2028 and applicable law. The $59.95 or $70.00 paid value of each voucher never expires.