Terms

Table of Contents

TERMS & CONDITIONS

Effective Date: 03/17/2025

These Terms and Conditions (“Terms”) govern your access to and use of the EnergBlue website (“site,” “we,” “our”) and any purchase of products you make through it. By using the site or making a purchase, you agree to these Terms, including the Return Policy, the Privacy / Cookie Policy, and any other incorporated policies.

1. Definitions

  • “Customer” or “you”: any person who accesses the site or makes a purchase.

  • “Product(s)”: goods sold through the site.

  • “Order”: your request to purchase one or more products.

  • “Return Policy”: the specific section that forms part of these Terms.

  • “Affiliate / payment service”: Affirm (or another BNPL provider) or any other payment method that enables installment financing.

2. Eligibility / Use of the Site

You must be at least 18 years old (or of legal age in your jurisdiction) to make purchases.
You may use the site only for lawful purposes and in accordance with these Terms.
We reserve the right to refuse orders, cancel accounts, or deny service if we suspect fraud, illegal activity, misuse of the site, or violation of these Terms.

3. Orders, Prices, and Availability

Prices are displayed in the relevant currency and may include applicable taxes (or these will be calculated at checkout).
We reserve the right to modify prices, fees, or availability at any time, even after you place an order, but we will notify you if significant changes occur.
In case of an obvious pricing error (e.g., a missing digit), we reserve the right to cancel the order.
We accept payments by the indicated methods (cards, Affirm, or others). When using Affirm, your contract is between you and Affirm, and you agree to its terms.

4. Return & Refund Policy

4.1. Return Period

You may return products within 30 calendar days of delivery (or physical possession), provided they meet the return conditions.
For defective or damaged products upon arrival, you must report the issue within 7 days of delivery with evidence (photos, description).

4.2. Return Conditions

Products must be unused, undamaged (except for factory defects), in their original packaging, and include all accessories, manuals, and original labels.
Original seals or tags must not be removed or damaged (unless the product is designed to be opened).
Returns of customized, opened consumable, unsealed software, hygiene-related, or non-returnable products are not accepted unless defective.

4.3. Return Shipping Costs

If the return is due to an EnergBlue error (shipping mistake or defective product), we will cover return costs or provide a prepaid label.
If the return is due to customer preference or change of mind, return shipping costs are borne by the customer (using a standard shipping method).
If you select a more expensive return method, you may be responsible for the cost difference.

4.4. Inspection and Approval

Upon receipt of the returned product, we will inspect it to verify its condition.
If it does not meet the criteria, we may reject the return or issue a partial refund (or apply a restocking fee).
We will notify you if any deduction or denial occurs before processing the refund.

4.5. Refund Method and Timing

Refunds will be issued using the same payment method as the original purchase (including your Affirm account).
Affirm can only process refunds once we (the merchant) confirm and authorize the return. Affirm cannot issue refunds independently of the merchant.
Refunds are typically processed within 3–10 business days after approval.
If the refund exceeds the remaining balance on your Affirm loan, the excess will be returned to you.
Any interest already paid may be non-refundable, depending on Affirm’s policies.

4.6. Exchanges / Store Credit

You may request exchanges (model, color, size) if available.
If the replacement item costs more, you pay the difference; if it costs less, you will receive store credit or a partial refund.
Store credit (if offered) is valid for a limited period (e.g., 6 or 12 months) as disclosed.

4.7. International Returns

If you made your purchase from outside the U.S., taxes, duties, and international shipping costs may apply and be your responsibility unless stated otherwise.
Returns must be clearly labeled as “Return to Sender” with the appropriate customs forms to avoid additional charges upon re-entry.

5. Relationship with Affirm and Other Financing Services

When you use Affirm to pay, you agree to the terms of the contract between you and Affirm.
We will notify Affirm once a return is approved so that your loan can be adjusted accordingly.
Affirm cannot issue a refund without the merchant’s confirmation.
Affirm generally processes refunds within 3–10 business days after authorization.
In case of a dispute between you and us, you may contact Affirm as a mediator or to file a charge dispute, but Affirm must follow its internal process.

6. Intellectual Property

All intellectual property rights in the site (text, graphics, logos, images, software) are owned by or licensed to EnergBlue.
You may not reproduce, copy, modify, or distribute these materials without express written consent, except for reasonable personal use.

7. Limitation of Liability

To the extent permitted by law, EnergBlue shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the site or product purchase.
Our total liability for any claim shall not exceed the actual amount paid for the product in dispute.

8. Warranties / Disclaimers

Except as expressly stated, products are sold “as is” without additional express warranties.
We do not guarantee that the site will be error-free, uninterrupted, or compatible with your device or network.

9. Changes to These Terms

We may modify these Terms at any time. The updated version will be published with a revised date.
Changes will not apply retroactively to confirmed orders unless required by law.

10. Governing Law & Jurisdiction

These Terms are governed by the laws of the state where EnergBlue is registered (e.g., Florida, if headquartered in Miami), unless otherwise required by law.
Any dispute shall be resolved in state or federal courts located in that state unless another jurisdiction is mandated by law.

11. Severability / Waiver

If any part of these Terms is found invalid or unenforceable, that portion will be separated and will not affect the validity of the remaining Terms.
Failure to exercise a right immediately does not constitute a waiver of that right.

12. Entire Agreement

These Terms, together with the Return Policy and the Privacy / Cookie Policy, constitute the entire agreement between you and EnergBlue regarding the use of the site and product purchases, superseding any prior understanding.

13. Contact

For questions, disputes, refund requests, or legal inquiries, contact us at:

EnergBlue
13944 SW 8th St., Suite 201
Miami, FL 33194, USA
📧 info@energblue.com
📞 +1 (844) 458-0222



PRIVACY & COOKIE POLICY

Effective Date: 03/17/2025

1. Introduction / Scope

At EnergBlue (“we,” “our,” “the company”), we are committed to protecting your privacy.
This Policy explains what information we collect, how we use it, with whom we share it, and your rights.
It applies to our website and any other digital channels we operate.

2. Information We Collect

We may collect:

A. Information You Provide Directly:

  • First and last name

  • Mailing address

  • Email address

  • Phone number

  • Payment information (card, financing, etc.) — sensitive financial data is not stored on our servers

  • Any other information you choose to provide (survey, registration, contact form, etc.)

B. Automatic / Technical Information:

  • IP address

  • Browser type, OS, version

  • Pages visited, time spent, navigation paths

  • Cookies, device identifiers

  • Location data (if you enable it)

C. Third-Party / Marketing Data:
We may use third-party services to match browser cookies with your physical mailing address for direct marketing purposes.
We do not permanently retain, sell, or share that data with unauthorized third parties.
Advertising partners (such as Google) may use cookies/pixels to show ads based on your browsing history (e.g., Google’s DART cookie). You may opt out through your browser or Google settings.

3. How We Use Your Information

We may use your data to:

  • Process and manage your orders

  • Handle shipping, tracking, and returns

  • Provide customer service and support

  • Communicate offers and updates (with your consent)

  • Improve the website and personalize your experience

  • Detect fraud and protect security

  • Fulfill legal obligations

  • Enable targeted advertising and analytics (via cookies or third-party services)

4. Cookies and Similar Technologies

We use cookies and similar technologies (pixels, web beacons) to:

  • Remember your preferences

  • Maintain your logged-in session

  • Analyze site traffic

  • Deliver personalized advertising

You can configure your browser to warn you when a cookie is sent or to disable all cookies.
However, disabling cookies may cause some site features to function improperly.
For more details, see our separate Cookie Policy (if applicable), which describes each cookie’s purpose and duration.

5. Sharing Your Information / Third Parties

We do not sell, trade, or transfer your personally identifiable information to third parties except in these cases:

  • Service Providers: who assist with payments, shipping, marketing, analytics, hosting, etc., under confidentiality agreements.

  • Legal Obligation / Compliance: when required by law (court order, authority request) or to protect rights, property, or safety.

  • Marketing Communications: only when you have given consent, which can be withdrawn at any time.

  • Business Transfers: in case of a merger, acquisition, or asset sale, where data may be transferred with appropriate privacy safeguards.

6. Data Retention

We retain your data only as long as necessary for the stated purposes or to meet legal obligations.
Afterward, we delete or anonymize it. Aggregated, non-identifiable data may be kept for analytics or historical reference.

7. Security

We implement reasonable physical, technical, and administrative measures (e.g., SSL/TLS encryption, restricted access) to safeguard your information.
However, no method of internet transmission or electronic storage is 100% secure. We cannot guarantee absolute security.

8. Your Rights

Depending on your jurisdiction, you may have the right to:

  • Access your personal data

  • Correct inaccurate or incomplete data

  • Request deletion of your data

  • Restrict or object to processing

  • Withdraw consent

  • Data portability

To exercise these rights, contact us with verified identification and details of your request.

9. Children

We do not knowingly collect data from individuals under 13 years old (or the applicable legal age).
If we discover that we have collected such data without consent, we will delete it immediately.

10. International Information / Data Transfers

As a U.S.-based company, your data may be transferred to, processed, and stored in the United States or other countries.
By using our site, you consent to such transfers, acknowledging that we take appropriate measures to protect your privacy.

11. Changes to This Policy

We may update this Policy periodically. The revised version will display an updated date, and continued use of the site after changes constitutes acceptance of the new version.

12. Contact

For questions, requests, complaints, or to exercise your privacy rights, contact us at:

EnergBlue
13944 SW 8th St., Suite 201
Miami, FL 33194, USA
📧 info@energblue.com
📞 +1 (844) 458-0222




10. Florida Compliance, Warranty, and Dispute Resolution

10.1. Compliance with Florida Regulations

EnergBlue operates in compliance with the Florida Department of Health regulations applicable to sellers of water treatment equipment (Florida Statutes, Chapter 381 and Rule 62-550, Florida Administrative Code).

Our systems are designed to improve the taste, odor, and aesthetic quality of water, and are not medical devices nor substitutes for any health treatment.
Any claims regarding water quality improvement are based on technical specifications, internal testing, and performance certifications, and do not imply therapeutic or curative properties.

The customer is responsible for ensuring that installation complies with local plumbing codes and municipal regulations. EnergBlue is not liable for installations performed by third parties or for violations of local permitting requirements.

10.2. Limited Warranty and Limitation of Liability

EnergBlue provides a limited one (1) year warranty from the date of purchase against manufacturing or material defects, provided the product is used under normal operating and maintenance conditions.

This warranty does not cover:

  • Damage caused by improper installation, negligence, or misuse.

  • Unauthorized modifications to the equipment.

  • Damage due to force majeure, accidents, electrical fluctuations, or external causes.

  • Natural wear of filters, membranes, cartridges, or other consumable components.

To the maximum extent permitted by Florida law, EnergBlue’s total liability shall not exceed the purchase price of the product.
Under no circumstances shall EnergBlue be liable for indirect, incidental, or consequential damages, including, but not limited to, water damage, loss of income, business interruption, or personal injury arising from the use or inability to use the products.

This warranty grants specific legal rights, and the customer may also have other rights under applicable state law.

10.3. Dispute Resolution and Binding Arbitration

Any claim, controversy, or dispute between the customer and EnergBlue arising from these Terms and Conditions, product purchase, or product use shall be resolved exclusively by binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association (AAA).

The customer expressly waives the right to participate in any class-action lawsuits or group legal proceedings against EnergBlue.
The arbitration shall be confidential, conducted in English or Spanish as determined, and the arbitrator’s decision shall be final and binding.

The prevailing party in arbitration shall be entitled to recover reasonable attorney’s fees and legal costs.
Judgment on the arbitration award may be entered in any court of competent jurisdiction within the State of Florida.

10.4. Interpretation and Validity

These provisions shall be interpreted in accordance with the laws of the State of Florida and shall prevail over any conflicting clauses in this document.
EnergBlue reserves the right to update or modify these terms to remain in compliance with state or federal regulatory changes.
The most current version will always be published on the official EnergBlue website.