entire agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.

Therapeutic Goods Administration (TGA) Schedule 6 Poisons

Cream Chargers Nitrous Oxide is classified by the Therapeutic Goods Administration (TGA) as a Schedule 6 Poison. Regulatory controls over all Schedule 6 poisons include:

• Can only be supplied to people apparently aged 16 years and older (Penalty $30,000 fine)
• An offence to supply in circumstances where the supplier could reasonably suspect the use of the poison will be in a way that could be expected to pose a serious threat to the health, safety and welfare of an individual or the public more broadly (Penalty $30,000 fine)
• Provision for the issuing of a ‘compliance notice’ to impose restrictions on a supplier where a restriction is considered necessary to protect the health, safety and welfare of an individual or the public more broadly (Penalty for breaching a compliance notice is a fine of $30,000)
• Must be stored out of reach of children in the retail setting (Penalty $45,000)
• Must not be disposed of in a manner that constitutes, or is likely to constitute, a risk to public health or safety (Penalty of $45,000)

In accordance with the regulatory controls over all Schedule 6 Poisons, Creamify will not sell Cream Chargers Nitrous Oxide to any person suspected to use Cream Chargers Nitrous Oxide in a way that could be expected to pose a serious threat to the health, safety and welfare of an individual or the public more broadly. By purchasing from our website, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not in a manner that may pose a serious threat to the health, safety and welfare of an individual or the public more broadly.

Western Australia (WA) Criminal Code Act

WA Criminal Code Act which is relevant to the supply of Cream Chargers Nitrous Oxide in Western Australia. The WA Criminal Code Act Compilation Act 1913 can be accessed here.

206. Supplying intoxicant to person likely to abuse them

(1) In this section — intoxicant means a drug, or a volatile or other substance, capable of intoxicating a person, but does not include liquor as defined in the Liquor Control Act 1988; volatile substance means a substance that produces a vapour at room temperature.

(2) A person who sells or supplies an intoxicant to another person in circumstances where the person knows, or where it is reasonable to suspect, that that or another person will use it to become intoxicated is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12,000.

In accordance with the WA Criminal Code Act, Creamify will not sell or supply Cream Chargers Nitrous Oxide to any person we suspect will use Cream Chargers Nitrous Oxide for intoxication. By purchasing from our website, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not in a manner that may induce intoxication.

South Australia Regulations

In South Australia, the sale of nitrous oxide is regulated by the Controlled Substances Act (1984). The Act was updated to include regulations that impose new penalties for the sale of nitrous oxide for brick and mortar stores and online businesses.

Changes commencing 1 April 2020

Under the new Controlled Substances (Poisons) (Nitrous Oxide) Variation Regulations 2019 it is an offence to:

• sell or supply to people under the age of 18
• sell between the hours of 10 pm and 5 am
• make nitrous oxide visible or accessible to the public in retail stores
• fail to display a notice on the premises that details the offence of selling to under 18s

Retailers selling nitrous oxide must display this notice (PDF 156KB) and ensure it's visible to the public.

controlling terms

You affirm that you are at least 18 years old (or the age of majority in your jurisdiction). Creamify 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.

You understand that the gas contained inside whipped cream chargers is Nitrous Oxide. By purchasing on this website, you "agree", and 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 Creamify is not liable for injuries or deaths caused to anyone, regardless of age, by the misuse of any products sold on this website.

You agree that it is the responsibility of you, the purchaser, to ascertain and obey all applicable local, state, and federal laws regarding the possession and use of any product sold on this website. Creamify assumes no liability associated with the possession and use of any product sold on this website.

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.

delivery

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Creamify will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Creamify will inform you via email of any delay as soon as possible and will give you the option of cancelling your order at this point. If we do not hear back from you by 9 am on the next business day, your order will be sent out via Australia Post.

While we have quoted 20 to 60 minutes for delivery, we can take longer if it is far to travel or lack of drivers during the time of your order. You will be notified accordingly.

If delivery cannot be made to your address for reasons under our control, Creamify will inform you as soon as possible.

You agree that, to the fullest extent permissible by law, Creamify disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Creamify does not warrant the accuracy, completeness, or usefulness of any information contained on this website.

acceptance of orders

We will deliver your order as promised. You are responsible to be there to accept your order. If you are not there to accept your order, we will leave it at your doorstep or near the letterbox. We are not responsible if the item is stolen or damaged.

prices

The prices quoted on this website is firm. Discount Codes and Reward Points may apply.

warranty and disclaimer

You agree that, to the fullest extent permissible by law, Creamify disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Creamify do not warrant the accuracy, completeness or usefulness of any information contained on this website.

limitation of liability

You must agree to these terms and conditions before placing an order with Creamify.

• I agree that I am over the age of 18 and that the recipient of the goods is also over the age of 18
• I agree that any products that are purchased from Creamify will be used only in accordance with the manufacturer's recommendations
• I acknowledge Creamify is not liable for any misuse of goods and that any evidence of misuse will result in Creamify terminating the sale and/or restricting future sales
• I agree that Creamify may ask to see proof of age before delivering goods and refusal to display valid photo identification will result in the transaction being cancelled
• I agree that I do not intend on inhaling this product nor will I distribute this product to anyone who intends to inhale it

return of material

You agree that, to the fullest extent permissible by law, Creamify disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Creamify do not warrant the accuracy, completeness or usefulness of any information contained on this website.

indemnity

You agree to defend, indemnify, and hold harmless Creamify from and against all claims, damages, costs, and expenses, including attorneys’ fees, arising from, or related to your purchase from Creamify.

payment

We accept credit cards payment via eWAY and PayPal.

taxes

Prices advertised include GST where applicable.

governing law and arbitration

The internal laws of the state of Victoria 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 Victoria for all disputes arising out of or relating to, the Terms and Conditions and use of this website.