Terms and Conditions

Ezywhip and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Therapeutic Goods Administration (TGA) Schedule 6 Poisons

Cream Chargers Nitrous Oxide is classified by TGA as 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, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not in a manner that may induce intoxication.

Western Australia 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.

Ezywhip will not sell or supply Cream Chargers Nitrous Oxide to any person who will use it for intoxication. In accordance with the WA Criminal Code Act, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not in a manner that may induce intoxication.

Nitrous Oxide Regulation in South Australia

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.

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 Sign and ensure it is visible to the public.

Ezywhip will not sell or supply Cream Chargers Nitrous Oxide to any person(s) under the age of 18 that resides in South Australia.

Ezywhip will only sell to residents of South Australia from 5 am to 10 pm. Orders placed from 10 pm to 5 am will only be processed or despatched between 5 am to 10 pm.

Product Safety Information

Before using a cream whipper or a soda syphon, you must first read the manufacturer’s instructions. This will show you how to use your cream whipper or soda syphon safely. No more than one charger should be released into a 0.25L or a 0.5L cream whipper, and no more than two chargers should be released into a 1.0L cream whipper or a 1.0L soda syphon. Any chargers used in excess of these instructions may result in excessive pressure and may cause an explosion.

Cream chargers contain liquid Nitrous Oxide (N2O) under great pressure. Any attempt to pierce the sealing cap of these chargers without the correct equipment could result in explosion injury serious freeze burns.

Soda chargers contain liquid Carbon Dioxide (CO2) under great pressure. Any attempt to pierce the sealing cap of these chargers without the correct equipment could result in explosion injury serious freeze burns.

Do not incinerate or expose chargers to the sun or heat. This can cause and explosion. Temperature not to exceed 50°C. Do not dispose of full charger. They may cause an injury to someone else! Keep out of reach of children.

Please note that cream chargers/pressurised gas cylinders are not allow to travel by air and are send out on road transport only.

Inhalation Misuse

CO2 (Carbon Dioxide) N2O (Nitrous Oxide) chargers/bulbs/cartridges/cylinders is only for sale to person(s) over the age of 18 years old. By placing an order on our website, the buyer represents that;

• He or she is at least 18 years of age.

• And that the product(s) will only be used in accordance with manufacturers instructions.

Ezywhip assumes no liability associated with product usage. The buyer is liable and responsible for any loss, damage or expenses of any kind, arising out of the use or misuse of any item.

Privacy

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Electronic Communications

When you visit Ezywhip or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ezywhip or its content suppliers and protected by Australia and international copyright laws.

Trademarks

Ezywhip's trademarks and trade dress may not be used in connection with any product or service that is not Ezywhip's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ezywhip. All other trademarks not owned by Ezywhip or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ezywhip or its subsidiaries.

License and Site Access

Ezywhip grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ezywhip. This license does not include any resale or commercial use of this site or its contents:

• Collection and use of any product listings, descriptions, or prices.

• Any derivative use of this site or its contents.

• Any downloading or copying of account information for the benefit of another merchant.

• Or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ezywhip. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ezywhip and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ezywhips name or trademarks without the express written consent of Ezywhip. Any unauthorized use terminates the permission or license granted by Ezywhip. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ezywhip so long as the link does not portray Ezywhip, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ezywhip logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Membership Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Ezywhip and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Emails and Other Content

Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ezywhip reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Ezywhip and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ezywhip and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post:

• That the content is accurate.

• That use of the content you supply does not violate this policy and will not cause injury to any person or entity.

• And that you will indemnify Ezywhip or its associates for all claims resulting from content you supply.

>Ezywhip has the right but not the obligation to monitor and edit or remove any activity or content. Ezywhip takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from Ezywhip are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Ezywhip and its associates attempt to be as accurate as possible. However, Ezywhip does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Ezywhip itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY EZYWHIP ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZYWHIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EZYWHIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZYWHIP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EZYWHIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZYWHIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting Ezywhip, you agree that the laws of the state of Victoria, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Ezywhip or its associates.

Site Policies, Modification and Severability

Please review our other policies, such as our Postage and Returns policy, posted on this site. These policies also govern your visit to Ezywhip. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions

Questions regarding our Terms & Conditions, Privacy Notice, or other policy related material can be directed to our support staff by clicking on the Contact Us link in the side menu.