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:

In accordance with the regulatory controls over all Schedule 6 Poisons, WhipRight will not sell or supply Cream Chargers Nitrous Oxide to:

By purchasing from WhipRight, 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 Criminal Code Act

WA Criminal Code Act which is relevant to the supply of Cream Chargers Nitrous Oxide in Western Australia.

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, WhipRight will not sell or supply Cream Chargers Nitrous Oxide to any person, whom we know, or suspect will use Cream Chargers Nitrous Oxide to become intoxicated.

By purchasing from WhipRight, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not use it to become intoxicated.

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:

Retailers selling Nitrous Oxide must display this Sign and ensure it is visible to the public.

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

WhipRight 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.

Controlling Terms

You affirm that you are at least 18 years old (or the age of majority in your jurisdiction). WhipRight reserves the right to delay or cancel any purchase made through this website to verify the age and identity of you, the purchaser.

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 to inhale 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 WhipRight 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. WhipRight 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.

Indemnity

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

Limitations of Liability

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

  • 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 WhipRight will be used only by the manufacturer's recommendations
  • I acknowledge WhipRight is not liable for any misuse of goods and that any evidence of misuse will result in WhipRight terminating the sale and/or restricting future sales
  • I agree that WhipRight 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 to inhale this product nor will I distribute this product to anyone who intends to inhale it

Postage and Delivery

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, WhipRight will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, WhipRight will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.

While we have quoted 30 to 60 minutes for our Lightning Delivery option, 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.

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

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

Transportation and Risk of Loss

We will deliver your order as promised.

Acceptance of Orders

If you are not there to accept your order, there is a restocking fee of 20%.

Cancellation or Modification

There is a 20% restocking fee for any cancellation after placing an order.

Prices and Taxes

Prices advertised include GST where applicable. The prices quoted on this website are firm. Discount Codes and Reward Points may apply.

Payment Methods

We accept payment via eWAY and PayPal.

Warranty and Disclaimer

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

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.