Terms and Conditions

pHresh terms and conditions

Table of Contents

Effective Date: August 4th, 2026
Last Updated: August 4th, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the website located at phresh-h2o.com, including any related webpages, mobile features, online stores, subscription services, delivery services, and other services operated by pHresh Incorporated.

These Terms also apply to purchases of our alkaline bottled water, water delivery services, reusable containers, accessories, merchandise, and other products offered through the website or our authorized sales channels.

By visiting our website, creating an account, placing an order, enrolling in a subscription, or otherwise using our services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the website or purchase our products.

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to place an order or create an account.

By using our services, you represent that:

  • You have the legal capacity to enter into a binding agreement
  • The information you provide is accurate and complete
  • You will use our website and products only for lawful purposes
  • You will comply with these Terms and all applicable laws

Parents or legal guardians are responsible for purchases and website activity conducted by minors under their supervision.

2. Changes to These Terms

We may update these Terms periodically to reflect changes to our products, services, business practices, or legal obligations.

Updated Terms will be posted on the website with a revised “Last Updated” date. Material changes may also be communicated through email, account notification, or another reasonable method.

Your continued use of the website after updated Terms become effective constitutes your acceptance of the revised Terms, except where additional consent is required by law.

3. Product Information

We make reasonable efforts to accurately describe our products, including their size, quantity, source, filtration process, mineral content, packaging, and expected or typical pH range.

However:

  • Product photographs are provided for illustration and may not show the exact product received
  • Packaging, labels, bottle designs, case quantities, and product availability may change
  • The pH or mineral characteristics of water may vary within permitted production specifications
  • Website descriptions do not replace the information printed on the product label
  • Products may be unavailable, discontinued, reformulated, or replaced without advance notice

The label and packaging accompanying the product should be reviewed before consumption.

4. Health and Wellness Disclaimer

Our products are intended for ordinary hydration and beverage consumption. They are not drugs, medical treatments, or substitutes for professional medical care.

We do not represent that alkaline water will diagnose, treat, cure, or prevent any disease or medical condition. Statements concerning hydration, wellness, performance, recovery, pH, minerals, or other potential benefits are general informational statements and should not be interpreted as medical advice.

Individual hydration and dietary needs vary. Consult a qualified healthcare professional before making significant dietary changes, particularly if you:

  • Have kidney disease, heart disease, high blood pressure, diabetes, gastrointestinal conditions, or another medical condition
  • Take prescription medications
  • Have been advised to limit water, sodium, potassium, magnesium, calcium, or mineral intake
  • Are pregnant or nursing
  • Are purchasing a product for an infant, child, elderly individual, or medically vulnerable person

Never disregard professional medical advice because of information presented on our website, packaging, social-media pages, advertisements, or marketing materials.

5. Product Storage and Safe Use

Products should be stored according to the directions printed on the label. Unless otherwise stated, bottled water should be kept in a cool, dry location away from excessive heat, direct sunlight, chemicals, cleaning products, gasoline, pesticides, and strong odors.

Do not consume a product if:

  • The cap is missing, broken, or appears altered
  • The bottle is leaking, damaged, swollen, or contaminated
  • The water has an unusual appearance, taste, or odor
  • The product has been recalled
  • You have reason to believe it was improperly stored or handled

Contact us promptly at info@phresh-h2o.com if you have a product-quality or safety concern. Retain the bottle, packaging, purchase receipt, and photographs when possible.

6. Orders and Order Acceptance

Your submission of an order is an offer to purchase the products listed in the order. An automated confirmation only acknowledges receipt and does not guarantee acceptance.

We may accept, reject, limit, or cancel an order for reasons including:

  • Product unavailability
  • Incorrect pricing or product information
  • Suspected fraud or unauthorized payment activity
  • Delivery-address limitations
  • Quantity restrictions
  • Resale concerns
  • Violations of these Terms
  • Circumstances outside our reasonable control

An order is accepted when we send a shipment confirmation, delivery confirmation, or other notice of acceptance.

If we cancel an order after payment has been processed, we will issue a refund to the original payment method, subject to the policies of your financial institution.

7. Prices, Taxes, and Fees

Prices are displayed in U.S. dollars unless otherwise stated. Prices may change without notice, but changes will not affect an order we have already accepted.

The amount shown at checkout may include:

  • Product charges
  • Shipping or delivery fees
  • Handling fees
  • Bottle or container deposits
  • Fuel, route, or service fees
  • Applicable sales, use, excise, recycling, bottle-deposit, or other taxes

You are responsible for all charges disclosed before you submit your order.

If a pricing or product-description error occurs, we may cancel the affected order and refund the amount paid, even if an order confirmation was previously sent.

8. Payment Authorization

We may accept payment through credit cards, debit cards, checks, or other payment methods displayed at checkout.

By providing a payment method, you represent that:

  • You are authorized to use it
  • The billing information is accurate
  • We and our payment processors may charge the amount shown at checkout
  • For recurring orders, we may charge the payment method according to the disclosed subscription schedule until cancellation

Payment processing may be handled by third-party providers. We are not responsible for delays, declines, security controls, or fees imposed by your financial institution or payment provider.

You must promptly update expired or inaccurate payment information.

9. Subscription and Automatic-Delivery Services

This section applies only when you enroll in a recurring delivery, membership, replenishment plan, or subscription.

9.1 Recurring Charges

By enrolling, you authorize us to automatically charge your selected payment method at the price and frequency disclosed during enrollment. Charges will continue until you cancel the subscription.

The subscription terms presented at checkout, including the product quantity, delivery frequency, price, fees, and cancellation method, form part of these Terms.

9.2 Price Changes

We may change subscription prices or applicable fees. When required, we will provide advance notice and explain when the new price will apply.

Your continued subscription after the effective date of a properly disclosed price change constitutes authorization for future charges at the updated price, except where additional consent is required.

9.3 Cancellation

You may cancel a subscription by emailing info@phresh-h2o.com.

Cancellation must be completed before the next scheduled processing date to prevent the next shipment or delivery. Orders already processed, packed, or shipped may remain chargeable.

After cancellation, you will not be charged for future renewal periods, but you remain responsible for orders and charges incurred before cancellation became effective.

9.4 Manage Deliveries

Where available, you may pause, skip, reschedule, or modify an upcoming delivery before the applicable cutoff date. Changes are subject to product availability and route scheduling.

9.5 Failed Payments

If a recurring payment fails, we may:

  • Retry the payment method
  • Ask you to provide another payment method
  • Pause upcoming deliveries
  • Suspend or cancel the subscription
  • Collect any unpaid balance permitted by law

10. Shipping and Delivery

Estimated delivery dates are not guarantees. Delays may result from weather, carrier disruptions, inventory shortages, traffic, emergencies, address problems, high order volume, or other circumstances beyond our reasonable control.

You are responsible for providing a complete and accurate delivery address, including apartment, unit, suite, gate, or access information.

10.1 Unattended Deliveries

When you authorize an unattended delivery, you authorize us to leave the products at the location specified in your instructions or at another reasonably secure location near the delivery address.

Once delivered, you are responsible for protecting the products from theft, weather, heat, contamination, animals, and other damage.

10.2 Failed Delivery Attempts

Additional fees may apply when a delivery cannot be completed because:

  • No authorized person is available when a signature is required
  • Access instructions are missing or inaccurate
  • The address is incorrect
  • A gate, building, loading area, or delivery location is inaccessible
  • The customer refuses an authorized delivery

10.3 Risk of Loss

Title and risk of loss transfer as provided by applicable law and the shipping terms disclosed during checkout.

11. Reusable Bottles, Coolers, and Container Deposits

If we provide reusable bottles, dispensers, racks, coolers, crates, pallets, or other Company-owned equipment:

  • The equipment remains our property unless expressly sold to you
  • You must use it only for its intended purpose
  • You may not fill Company-owned bottles with another product
  • You must keep the equipment reasonably clean and protected from damage
  • You must return the equipment when requested or when service ends

Lost, damaged, contaminated, or unreturned equipment may result in replacement or cleaning charges.

Bottle or container deposits may be refundable only after eligible containers are returned in acceptable condition and your account has no outstanding balance.

The current deposit, replacement, cleaning, and pickup fees will be disclosed during ordering or in your delivery-service agreement.

12. Returns, Refunds, and Order Problems

Due to the consumable nature of bottled water, opened beverages generally cannot be returned unless the product is defective, damaged, incorrectly supplied, or return is required by law.

12.1 Damaged, Defective, or Incorrect Products

Notify us within two days after delivery at info@phresh-h2o.com if an order arrives damaged, leaking, defective, contaminated, incomplete, or incorrect.

Include:

  • Your name and order number
  • A description of the issue
  • Photographs of the product and packaging
  • The lot or batch number
  • The expiration or best-by date, when available

After reviewing the claim, we may provide a replacement, account credit, or refund.

12.2 Other Returns

Unopened and unused products may be eligible for return within five days after delivery, subject to prior authorization.

Unless the return resulted from our error:

  • Original shipping and delivery fees are nonrefundable
  • You are responsible for return-shipping costs
  • Products must be returned in their original, undamaged packaging

A restocking fee of [Amount or Percentage] may apply where permitted.

12.3 Refund Processing

Approved refunds will generally be issued to the original payment method. Processing times depend on your bank or payment provider.

We reserve the right to reject fraudulent, abusive, excessive, or unsupported return claims.

13. Product Recalls and Safety Notices

If a product is subject to a recall or safety notice, we may contact customers using available order or account information.

You agree to follow recall instructions, including instructions to stop using the product, discard it, return it, or provide lot information.

Recall remedies may include a refund, replacement, credit, or another remedy described in the applicable notice.

You are responsible for keeping your contact information current. Safety and recall information may also be posted on our website or social-media pages.

14. Promotions, Discounts, and Promotional Codes

Promotions and discount codes are subject to the conditions presented with the offer.

Unless otherwise stated:

  • Promotions cannot be combined
  • Discounts do not apply to taxes, shipping, deposits, or prior purchases
  • Promotional codes have no cash value
  • Offers may be limited by product, location, account, quantity, or expiration date
  • Promotions may be modified or canceled where permitted
  • Codes obtained through unauthorized resale, duplication, or fraudulent activity may be rejected

Free products, giveaways, contests, and sweepstakes may be subject to separate official rules.

15. Customer Accounts

You may be required to create an account for certain services.

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activity conducted through your account
  • Providing accurate and current information
  • Notifying us promptly of suspected unauthorized access
  • Logging out when using a shared device

We may suspend or close an account that is fraudulent, inactive, compromised, or used in violation of these Terms.

16. Acceptable Use

You may not use the website to:

  • Violate any law or regulation
  • Commit fraud or impersonate another person
  • Interfere with website security or operation
  • Introduce malware, viruses, or harmful code
  • Scrape, harvest, crawl, or extract information through unauthorized automated means
  • Attempt to access restricted systems or accounts
  • Circumvent purchase limits or promotional restrictions
  • Submit false reviews or misleading information
  • Resell products where resale is prohibited
  • Use our content, name, or trademarks without permission
  • Engage in conduct that harms the Company, our customers, employees, service providers, or business partners

We may investigate suspected violations and cooperate with lawful requests from authorities.

17. Intellectual Property

The website and its contents—including our brand names, logos, bottle designs, packaging, photographs, graphics, videos, text, slogans, product descriptions, software, and overall presentation—are owned by or licensed to the Company and are protected by applicable intellectual-property laws.

We grant you a limited, personal, nonexclusive, nontransferable, and revocable license to use the website for personal, lawful shopping and informational purposes.

You may not copy, reproduce, modify, distribute, publish, display, sell, license, create derivative works from, or commercially exploit our content without prior written permission.

No license to use our trademarks, trade dress, logos, or branding is granted by these Terms.

18. Reviews, Photos, and Other Customer Content

You may be permitted to submit reviews, comments, photographs, testimonials, videos, suggestions, or other material (“Customer Content”).

You retain ownership of your original Customer Content. By submitting it, you grant us a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, distribute, translate, and create derivative works from that content in connection with our business, products, advertising, and services, subject to applicable law.

You represent that:

  • You own or have permission to submit the content
  • The content is truthful and based on your genuine experience
  • The content does not violate another person’s privacy or intellectual-property rights
  • The content is not unlawful, defamatory, deceptive, obscene, threatening, or harmful
  • Any material connection, payment, discount, or free product associated with your review is appropriately disclosed

We may moderate or remove Customer Content, but we are not obligated to publish or monitor every submission.

19. Text Messages and Electronic Communications

By providing your email address or telephone number, you consent to receive transactional communications relating to your orders, account, deliveries, payments, recalls, and customer-service requests.

Marketing emails and promotional text messages will be sent only as permitted by law and according to the consent presented during enrollment.

Consent to promotional messages is not a condition of purchase. Message and data rates may apply. You may opt out of promotional text messages by replying STOP or using another method stated in the message. Transactional messages may continue where necessary to service your account or orders.

Our website may link to payment processors, delivery carriers, social-media platforms, retailers, marketplaces, or other third-party services.

We do not control and are not responsible for third-party websites, policies, products, content, security, availability, or business practices.

Your use of a third-party service is governed by its own terms and privacy policies. A link does not necessarily mean that we sponsor, endorse, or control the third party.

21. Privacy

Our collection and use of personal information are described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference. Please review it before using the website or providing personal information.

22. Disclaimer of Warranties

To the fullest extent permitted by law, the website, services, content, and products are provided on an “as is” and “as available” basis.

Except for express warranties printed on product packaging or provided in writing by the company, we disclaim all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and quiet enjoyment.

We do not warrant that:

  • The website will always be available, secure, or error-free
  • Product descriptions or website content will be free from every error
  • A product will produce a particular health, wellness, hydration, athletic, or performance result
  • Delivery will occur at an exact time
  • Defects or interruptions will always be corrected

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, these disclaimers apply only to the maximum extent permitted by law.

23. Limitation of Liability

To the fullest extent permitted by law, the company and its owners, officers, directors, employees, contractors, affiliates, distributors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, business interruption, reputational harm, or loss of use.

To the fullest extent permitted by law, our total liability arising from or relating to a product, order, delivery, subscription, website use, or these terms will not exceed the greater of: [amount to be specified].

These limitations do not apply to liability that cannot legally be excluded or limited, including liability for fraud, willful misconduct, or personal injury to the extent such exclusion is prohibited.

Your statutory consumer rights remain unaffected.

24. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its owners, affiliates, employees, contractors, and service providers from claims, damages, liabilities, judgments, losses, costs, and reasonable attorneys’ fees arising from:

  • Your unlawful or unauthorized use of the website
  • Your violation of these Terms
  • Your Customer Content
  • Your infringement of another person’s rights
  • Your fraud, misconduct, or misuse of our products or services

This provision does not require you to indemnify us for conduct for which indemnification cannot legally be required.

25. Informal Dispute Resolution

Before filing a lawsuit or arbitration demand, you and the Company agree to attempt to resolve the dispute informally.

Send a written notice to:

pHresh Incorporated
1200 Riverplace Blvd.
Suite 105, #1186
Jacksonville, FL 32207
info@phresh-h2o.com

The notice must include:

  • Your full name and contact information
  • Your order or account number, when applicable
  • A description of the dispute
  • The relief you are requesting
  • Relevant supporting documents

The parties will have 30 days after receipt of the notice to attempt to resolve the dispute, unless a longer period is mutually agreed upon.

This informal process does not prevent either party from seeking urgent injunctive relief or filing an eligible claim in small-claims court.

26. Arbitration Agreement and Class-Action Waiver

Except for disputes eligible for small-claims court or claims seeking urgent injunctive relief, any dispute arising from or relating to these Terms, the website, an order, a subscription, a delivery, or a product will be resolved through binding individual arbitration administered by [Selected Arbitration Provider] under its applicable consumer arbitration rules.

The arbitration may take place remotely, through written submissions, or in [County, State], as permitted by the applicable rules.

The arbitrator may award the same individual remedies available in court, but may not combine the claims of different individuals unless both parties agree.

YOU AND THE COMPANY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If the class-action waiver is found unenforceable for a particular claim, that claim will proceed in a court of competent jurisdiction rather than in class arbitration.

Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice to info@phresh-h2o.com within 30 days after first accepting these Terms.

The notice must include your full name, address, email address, and a clear statement that you are opting out of arbitration. Opting out will not affect your ability to purchase products or use our services.

27. Governing Law

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-law rules.

For disputes not subject to arbitration, you and the Company consent to the exclusive jurisdiction of the state and federal courts located in [County, State], except where applicable consumer law gives you the right to bring a claim elsewhere.

28. International and Out-of-State Customers

Our website is operated from [State, United States].

We do not represent that the website, products, or services are appropriate or legally available in every jurisdiction. You are responsible for complying with the laws applicable to your location.

We may limit sales, shipping, subscriptions, or deliveries by state, territory, or country.

29. Events Beyond Our Control

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including severe weather, natural disasters, fires, floods, pandemics, labor disputes, transportation interruptions, carrier delays, power outages, government actions, supply shortages, cyber incidents, civil unrest, or failures of third-party services.

30. Suspension and Termination

We may suspend or terminate access to the website, an account, delivery service, or subscription if:

  • You violate these Terms
  • Payment remains overdue
  • We suspect fraud, abuse, or illegal activity
  • Continuing service presents a safety or security concern
  • Service is no longer available in your area
  • We discontinue the applicable program

Termination does not eliminate obligations incurred before termination, including unpaid charges, container returns, indemnification obligations, or dispute-resolution provisions.

31. Severability

If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not possible.

The remaining provisions will continue in effect.

32. Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

A waiver is effective only when made in writing by an authorized representative of the Company.

33. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of our business, subject to applicable law.

34. Entire Agreement

These Terms, our Privacy Policy, the product information displayed at checkout, and any separate subscription, delivery, wholesale, or promotional terms constitute the entire agreement between you and the Company concerning the relevant products and services.

35. Contact Information

Questions, complaints, order concerns, or legal notices may be directed to:

pHresh Incorporated
1200 Riverplace Blvd.
Suite 105, #1186
Jacksonville, FL 32207
Email: info@phresh-h2o.com
Website: phresh-h2o.com