Terms and conditions

These Terms and Conditions ("Terms") govern the contractual relationship between La Vuelta LLC, an entity organized under the laws of the Commonwealth of Puerto Rico, which operates the food basket subscription service under the trade name "Con Cosecha" (hereinafter, "Con Cosecha", "the Company", "we"), and the natural person who registers as a subscriber to the service (hereinafter, the "Subscriber" or "You").

La Vuelta LLC acquires harvests and agricultural products, including vegetables, fruits, herbs, complements and value-added products, directly from local farmers and producers. With these products, the Company prepares food baskets that it sells through a subscription model, under the Con Cosecha brand, directly to consumers.

BY CHECKING THE ACCEPTANCE BOX DURING THE SUBSCRIPTION PROCESS, THE SUBSCRIBER STATES THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS CONTAINED HEREIN, YOU MUST NOT COMPLETE REGISTRATION OR USE THE SERVICE.

1. Definitions

• ·"Basket": set of agricultural and related products selected and packed by Con Cosecha according to the chosen subscription plan.
• ·"Add-ons": optional products that the Subscriber may add on a recurring basis to their Basket, such as additional eggs or bread.
• ·"Cycle": period of two (2) weeks that constitutes the recurring unit of subscription, order, billing and delivery.
• ·"Subscriber": natural person who registers for and maintains an active subscription to the service.
• ·"Delivery Point": home or other location authorized by the Subscriber for the delivery of their Basket.

2. Description of the service and production cycle

Con Cosecha offers a recurring food basket subscription service, with deliveries every two (2) weeks according to the Company’s operating cycle. As of the effective date of these Terms, the only type of basket available is the Basic Basket, which includes a dozen eggs. The Subscriber may add recurring Add-ons, including a larger quantity of eggs and bread, whole or sliced, at the prices published at the time of selection. The Company reserves the right to introduce new baskets or Add-ons in the future (Vegetarian, High Protein, Premium, among others).

The operating production cycle runs as follows: (a) on Thursdays, Con Cosecha collects the products directly at the farms of participating farmers and producers and assembles the baskets; and (b) on Fridays, Con Cosecha delivers the Basket to the Subscriber at their home or at the previously designated preferred location.

3. Registration and plan selection

The Subscriber will register through the Con Cosecha website and complete payment through the payment platform enabled by the Company. Upon registering, the Subscriber will select the available basket type and any Add-ons they wish. The applicable price will be the one in effect and communicated at the time of subscription. The Company may change the prices of its plans, Baskets and Add-ons for future cycles, giving the Subscriber reasonable advance notice. Any promotional or preferential rate, including the one offered to "founding members", will be subject to the terms and conditions of the corresponding promotion.

4. Service area and delivery address

The service will be available only in the geographic areas where the Company offers deliveries at the time of subscription. The Company may expand, modify or limit its coverage area and delivery routes at any time, according to its operating capacity and availability. The main form of service is direct delivery to the Subscriber’s home; however, the Company may enable additional fixed delivery points. The Subscriber must provide an exact address and a precise location pin at the time of registration and keep that information up to date, in order to avoid delays or difficulties on the delivery route. Con Cosecha will not be responsible for delays or failed deliveries attributable to incomplete or incorrect location information provided by the Subscriber.

5. Availability, substitution and variation of products

Because Con Cosecha works with a network of suppliers and the availability of agricultural products may vary by season, the Subscriber acknowledges and agrees that the Basket guarantees a type or category of product, for example, fruit, and not necessarily specific items week to week. Products may be substituted with equivalent ones within the same category when the original product is not available due to seasonal conditions or a lack of supply from a particular farmer.

6. Order confirmation and Basket preparation

Based on the active subscriptions and the Add-ons confirmed as of the cutoff date set out in Clause 13, Con Cosecha places the order with the farmers the following Monday. On Thursdays, the Company collects the products directly at the farm and assembles the Baskets according to the plan selected by each Subscriber.

7. Delivery

The Basket is delivered on Fridays at the Delivery Point designated by the Subscriber. When the Subscriber is not available at the time of delivery, they must have provided instructions that allow the Basket to be left safely, or designated an authorized person to receive it. The Basket will be considered delivered once it has been left at the Delivery Point in accordance with those instructions. If the Company enables fixed delivery points, a Subscriber who chooses that option will be responsible for picking up the Basket at the agreed location and time.

8. Receipt of products and handling of issues

If there is a problem with one or more products at the time of delivery, the Subscriber must notify the Company within a reasonable period. The Company will evaluate the issue and, at its discretion, may offer a solution that may include, as appropriate and subject to availability, replacement of the product, delivery of an additional product in an upcoming delivery, a credit applied to the Subscriber’s next payment, or another reasonable solution. The solution offered may vary according to the nature of the issue, the availability of products and the particular circumstances of each case. Con Cosecha will provide icepacks and will make reasonable best efforts to keep the Basket at a suitable temperature; however, the Company does not have full control over the condition of the product once it has been left at the Delivery Point. Accordingly, if the Subscriber delays putting the Basket away after delivery, they will be responsible for any loss of freshness of the products resulting from that delay.

9. Failed deliveries

If the Subscriber’s subscription has been charged and their Basket prepared, but the delivery cannot be completed for reasons attributable to the Subscriber, including an incorrect address or location, lack of access to the Delivery Point or the absence of instructions that allow the Basket to be left safely, no refund will be issued. The undelivered Basket will be donated by Con Cosecha to a community organization in Caguas. If the delivery is not completed for reasons attributable to the Company, the Company will offer a credit or another reasonable solution.

10. Reusable basket

Baskets will be delivered in reusable baskets. At the time of the first subscription, the Subscriber will be charged a one-time fee of $10 for the reusable basket, which will be the property of the Subscriber. This fee is non-refundable. The Subscriber will be responsible for keeping the basket in suitable condition for reuse. If the basket is lost, broken or is no longer usable, a replacement fee of $10 will be charged. The Company may, from time to time, establish instructions or recommendations for the proper use and handling of reusable baskets.

11. Payment in advance

The first subscription payment will be processed upon completing registration. For subsequent cycles, payments will be processed every fourteen (14) days, on the Sunday before the corresponding delivery week. After the first payment, the Company may adjust the billing date to align it with that schedule; any proportional difference resulting from the adjustment will be reflected in the following charge. Payments must be made in advance, before delivery of the Basket, because the Company must confirm and close orders with the farmers based on the active subscriptions for each cycle. The prices of Baskets and Add-ons will be subject to the Sales and Use Tax (IVU) and any other applicable tax under current law. Currently, the one percent (1%) municipal IVU is applied to Baskets and Add-ons, and eleven point five percent (11.5%) to the reusable basket.

12. Payment processing and methods

Subscription payments will be processed through Stripe. The Company may, at its discretion, enable additional payment methods or platforms for subscriptions, charges or one-time payments, including ATH Móvil, PayPal, Venmo or other available payment services. The availability and functionality of each payment method or platform will depend on the conditions, limitations and features established by the corresponding provider. The Company may modify, add or remove the available payment methods or platforms, as it determines at its discretion and subject to the conditions applicable to each payment method.

13. Cutoff date and subscription cycle

The cutoff date for new Subscribers and for any change, modification, pause or cancellation of an existing subscription, including changes to the selected quantities or Add-ons, will be the Friday before the billing date, at 3:00 p.m. Any registration, modification, pause or cancellation made after that cutoff date will have no effect on the current cycle and will take effect starting with the next subscription cycle. The Company places orders with the farmers the following Monday based on the active subscriptions and the Add-ons confirmed at the time of the cutoff. For this reason, any change made after the cutoff date cannot be applied to the order for the current cycle.

14. Automatic renewal

The subscription is ongoing and renews automatically at the start of each two (2) week cycle. Renewal will be subject to the corresponding payment and will continue as long as the Subscriber does not cancel or pause their subscription in accordance with these Terms and before the applicable cutoff date.

15. Modification, pause and cancellation of the subscription

The Subscriber may cancel their subscription through the Stripe subscription portal or by writing to contacto@concosecha.com. Requests to pause the subscription or make changes to it, including changes to Add-ons, must be submitted through the forms available on the Con Cosecha website or by writing to contacto@concosecha.com. Any cancellation, pause or change is subject to the cutoff date set out in Clause 13. If requested before the cutoff date, it will take effect for the next cycle and the charge for that cycle will not be generated. If not requested before that date, the subscription will remain in effect for the next cycle and the corresponding charge will be made. No refunds will be issued for cycles already charged.

16. Responsibilities of Con Cosecha

Con Cosecha will have the following responsibilities:

• ·Prepare the Basket according to the plan and Add-ons selected by the Subscriber.
• ·Manage the network of farmers and make any substitutions that become necessary.
• ·Seek to ensure that the products included in the Baskets meet the quality standards required of our farmers and suppliers.
• ·Make the delivery at the Delivery Point designated by the Subscriber, on the corresponding delivery day.

17. Responsibilities of the Subscriber

The Subscriber will have the following responsibilities:

• ·Make the payment for their subscription on time.
• ·Provide and keep up to date an exact address, a precise location pin and delivery instructions.
• ·Put the Basket away promptly after delivery, or designate an authorized person to receive it.
• ·Notify Con Cosecha, before their first delivery, of any known allergy or dietary restriction.
• ·Keep the reusable basket in suitable condition for use.
• ·Provide any information needed to support the proper provision of the service.

18. Procedure for reporting problems

Any problem related to the products, the delivery or the service must be reported by email to contacto@concosecha.com. If a problem with a product arises at the time of delivery, it may be replaced as provided in Clause 8. In the event of an adverse reaction to a product, the provisions of Clause 21 will also apply.

19. Allergens and dietary restrictions

It is the Subscriber’s responsibility to learn about the contents of each Basket before consuming its products, and to notify Con Cosecha of any known allergy or dietary restriction before their first delivery. Con Cosecha does not guarantee that its packing facilities or the products delivered are free of cross-contact allergens.

20. Food safety and handling

Con Cosecha is committed to working with farmers and suppliers who follow reasonable safe food handling practices. However, the Subscriber acknowledges and agrees that fresh agricultural products carry inherent risks, including, without limitation, contamination, spoilage due to improper handling or storage after delivery, and allergic reactions to undeclared ingredients. Once the Basket has been delivered, it will be the Subscriber’s responsibility to store, handle and prepare the products safely, including proper refrigeration, washing before consumption and appropriate cooking according to the product.

21. Limitation of liability for adverse health effects

Con Cosecha will not be responsible for adverse health effects resulting from improper storage, handling or preparation of the products occurring after delivery. If the Subscriber experiences an adverse reaction that may reasonably be attributed to a product delivered by Con Cosecha, they must report it within the following forty-eight (48) hours to contacto@concosecha.com, keeping, to the extent possible, the product and its packaging, in order to allow investigation and traceability to the corresponding farmer or supplier. No provision of this Clause limits Con Cosecha’s liability for health damages caused directly by gross negligence or willful misconduct in the handling, packing or distribution of the products prior to their delivery to the Subscriber, to the extent such limitation is not permitted by law.

22. Communications and subscription management

Communications related to the subscription, including confirmations, changes, reminders and other matters related to the service, may be handled through WhatsApp and email. The Company may implement, replace or supplement these channels with additional technological tools intended to make the Subscriber’s experience easier and more unified. The use of such additional channels will not constitute a modification of the terms of the subscription.

23. Use of brand and content

The "Con Cosecha" brand, as well as the logos, content, graphic materials and other elements related to the service, are the property of La Vuelta LLC or are used under license. The Subscriber does not acquire any rights to these elements by virtue of their subscription, and is prohibited from reproducing, distributing or using them without the prior written authorization of the Company.

24. Unprocessed payment

If the charge for a cycle cannot be processed, the Company will notify the Subscriber and the payment platform may retry the charge. If payment is not completed before the date on which the Company places the order with the farmers, the Basket for that cycle will not be prepared and the subscription may be paused or canceled until the Subscriber updates their payment method.

25. Events and activities

Events, workshops, farm visits and other activities organized by Con Cosecha are not part of the subscription service and are governed by the agreements and releases signed for each activity.

26. Force majeure

Con Cosecha will not be responsible for delays or failures caused by events beyond its reasonable control, including, without limitation, hurricanes, storms, floods, power outages, road closures, government-declared emergencies or crop loss. In such cases, the Company will notify the Subscriber as soon as possible and will reschedule the delivery or apply a credit to the next charge for the portion of the cycle that could not be delivered. If the Subscriber cancels their subscription before using that credit, the Company will refund that amount.

27. Returns and refunds

Returns, refunds, credits and replacements are also governed by the Con Cosecha Returns and refunds policy, available at concosecha.com/en/returns, which forms part of these Terms. In case of conflict, these Terms will prevail.

28. Privacy

The handling of the Subscriber’s personal information is governed by the Con Cosecha Privacy policy, available at concosecha.com/en/privacy.

29. Changes to these Terms

The Company may modify these Terms from time to time. Changes affecting active Subscribers will be notified by email reasonably in advance of their effective date, and the date of the last update will be shown at the beginning of this document. If the Subscriber continues their subscription after the effective date, they will be deemed to accept the modified Terms. If they do not agree, they may cancel their subscription in accordance with Clause 15.

30. Governing law and venue

These Terms will be governed by and interpreted in accordance with the laws of the Commonwealth of Puerto Rico. Any dispute arising in connection with these Terms will be heard before the courts with jurisdiction in Puerto Rico.

31. Severability

If any provision of these Terms is declared void or unenforceable, the remaining provisions will continue in full force and effect.

Acceptance of terms and conditions

By checking the acceptance box during the subscription process, the Subscriber states that they have read and fully understood these Terms and Conditions, including the provisions on recurring payments, automatic renewal, cancellation, product substitution and limitation of liability for adverse health effects, and that they agree to be bound by them. If you do not accept them, you will not be able to complete your registration or use the service.