Terms and Conditions
BY ACCESSING, BROWSING, SHOPPING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS USER AGREEMENT YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THE SITE.
1. You affirm that you are at least 18 years old (or the age of majority in your jurisdiction). creamwhip.com.au reserve the right to delay or cancel any purchase made through this website for the purpose of verifying the age and identity of you, the purchaser.
2. You understand that the gas contained inside whipped cream chargers is nitrous oxide. by purchasing on our website you ‘agree’, you affirm that you are not purchasing any of our products for the purpose of inhaling nitrous oxide. inhaling nitrous oxide may cause serious injury to your lungs, as well as irreversible damage to your health, including death. by clicking ‘agree’, you affirm that creamwhip.com.au are not liable for injuries or deaths caused to anyone, regardless of age, by the misuse of any products sold on this website.
3. You agree that it is the responsibility of you, the purchaser, to ascertain and obey all applicable local, state and federal laws in regard to possession and use of any product sold on this website. Creamwhip.com.au assume no liability associated with the possession and use of any product sold on this website.
4. You agree that you do not intend to misuse any of our products or supply any of our products to anyone under the age of 18 (or the age of majority in your jurisdiction). We reserve the right to refuse to sell any of our products to any person who we believe is under the age of 18, or who we believe intends to misuse our products.
Shipping & Delivery
*****PLEASE NOTE COVID-19 IS CURRENTLY EFFECTING DELIVERY TIMES IN SOME AREAS*****
5.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside of Australia.
5.2 Orders placed before 2.00pm AEST on a working day will be processed that day and we will endeavour to dispatch on the same day, depending on our delivery agent. (A working day is any day other than weekends and bank or other public holidays.) Saturday delivery costs extra.
5.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
5.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
5.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
5.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
5.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
5.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
5.7 All items are dispatched uninsured with authorioty to leave. If you require insurance or signature on delivery please email [email protected] for a quote on additional costs
5.8 Please Note postage times give are only an estimate and not a guarantee. These are met over 95% of the time, in the unfortunate event your item is delayed we will not be held responsible for any loss caused. Around busy time i.e Christmas please allow extra time.
5.9 If you are in a remote area please allow plenty of time for your order to arrive. If you require for a specific date please check with us
6. By purchasing from our site you agree that in the event you cancel your order within 48 hours of purchasing a merchant processing fee will apply.
7. You agree that, to the fullest extent permissible by law, Creamwhip.com.au disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Creamwhip.com.au do not warrant the accuracy, completeness or usefulness of any information contained on this website.
8. You agree to defend, indemnify and hold harmless Creamwhip.com.au from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your purchase from Creamwhip.com.au.
9. If you use this website to submit purchases for or on behalf of a 3rd party (“3rd Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you agree to inform the 3rd Party of all terms and conditions applicable to purchases made through this website.
11. The internal laws of the State of NSW shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in NSW for all disputes arising out of, or relating to, the Terms and Conditions and use of this website.