Terms and Conditions
*Safety & Misuse*
Cream Chargers Sydney supplied from this website must only be used for the preparation of food. The cream chargers contain a gas called Nitrous Oxide that can be abused in the same way that glue or solvents are. In order to combat this we require that any customer purchasing our products confirm they are aware of the issues and will make every effort to prevent our products from being misused.
Also, we issue this warning if we suspect that you intend to misuse our products, we will refuse to sell any equipment to you. We will also refuse to do business with you in the future.
– It is a serious offence to sell cream whipping chargers for the purpose of inhalation.
The risks of such misuse include narcosis, asphyxiation and potentially, death. Keep out of reach of children.
We will not sell to anyone under the age of 18. We require confirmation of your age when you create an account with us.
*Product Safety*
Before using our whipped cream making equipment you must first read the manufacturers instructions. This will show you how to safely charge your cream using the cream whipping chargers.
– No more than 1 charger should be released in a 1/4L or 1/2 Litre Whipper and no more than 2 chargers for a 1 Litre Whipper. An explosion could occur from excessive pressure if you use more than stated.
– These chargers contain liquid Nitrous Oxide 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.
– EXPLOSION DANGER – do not incinerate or expose chargers to the sun or heat. Temperature not to exceed 50℃.
– Do not dispose of full chargers. They may cause someone else an injury!
– Keep out of reach of children.
– NOT TO BE FLOWN! Pressurised gas cartridges must not go on a plane at all. No excuses, you may be prosecuted.
CONSUMER TERMS OF SALE
1. Format of the Contract
1.1 Cream Chargers in Sydney, located in Sydney, New South Wales, Australia, applies these Terms of Sale to all of its merchandise.
1.2 Placing an order for a product displayed on our website constitutes an offer to purchase that product. A contract for the sale of goods will not exist between you and us until we have received and accepted your order at our discretion.
1.3 Once your order has been placed, we will send you an order confirmation to acknowledge receipt of your order. This confirmation does not constitute acceptance of your order.
1.4 If we accept your order, we will notify you by email before dispatching the product. If we are unable to accept your order due to unavailability or other reasons, we will notify you by phone or email.
1.5 If we accept your order and later find that the product ordered is not available or there is an error in the pricing on our website, we reserve the right not to supply the item and offer you a refund or substitute goods, as outlined in conditions 2.2 to 2.4 below. Please note that we may upgrade you to a premium brand for free if the ordered item is out of stock.
1.6 The contract is subject to your right to cancel, as outlined in clause 7 below.
1.7 We reserve the right to terminate the contract if we have not received cleared funds for the price of the goods, as outlined in condition 3.1.
1.8 The Supplier may modify these terms of sale without notifying you for future sales.
2. Goods Description and Pricing
2.1 The product description and price for customer orders will be displayed on the Supplier’s website at the time of placing an order.
2.2 If, within 14 days of accepting your order, we discover that all items are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any payment you made for these items. We will notify you as soon as possible if this occurs.
2.3 If, within 14 days of accepting your order, we discover that some, but not all, items are unavailable, we will not supply those unavailable items. In this case, we will contact you to notify you of the unavailable item and give you the option to cancel the entire order or amend the order to replace the unavailable item with an alternate item. If you do not cancel your order within 14 days of receiving such notice, we will deliver the available merchandise in accordance with Condition 4 below. We will refund or re-credit you for any payment you made for the items you cannot purchase or for cancelled orders (if you have cancelled the order).
2.4 We make every effort to ensure that the prices displayed on the Supplier’s website are accurate at the time of placing your order. If, within 14 days of accepting your order, we discover that any or all of the items you ordered are mispriced, we will notify you as soon as possible, detail the mispriced item and provide you with the following options:
2.4.1 Place a new order for the products at the correct price.
2.4.2 Cancel all of your orders.
2.4.3 Cancel your order for the incorrectly priced items and reconfirm your order for the correctly priced items.
If within 14 days of receiving our notification to you, you have not responded by selecting one of the options available in Conditions 2.4.1 to 2.4.3 above, then:
(a) If all items you ordered are found to be incorrectly priced, the entire order will be automatically cancelled and the Supplier will refund or re-credit you for any payment you made for those items; or
(b) If only some of the items you ordered are found to be mispriced, our contract with you will remain in force and we will deliver correctly priced items, but we have no obligation to provide you with mispriced items. In this case, we will refund or re-credit you any payment you made for the mispriced item.
2.5 These terms of sale shall apply to the order and supply of relevant goods, regardless of whether there are no goods and you order a substitute from us, or if the goods are priced incorrectly and you subsequently order such goods at the correct price, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may also be required to pay for the delivery of the goods, the details of which are clearly displayed on our website at the time of placing an order.
2.7 Any free items are subject to availability, including the branding of such items.
3. Payment
3.1 Payment for the goods and shipping may be made by any means displayed on the supplier’s website when you place an order. Payment is due before the delivery date, and the timing of payment is an essential term of this agreement, and suppliers who violate this term are entitled to immediate termination of the contract.
3.2 No delivery will be made until cleared funds have been received (except for business accounts where we have agreed a line of credit with you).
3.3 Unless you have a valid court order requiring the supplier to pay you an amount equal to such deduction, you shall make the payment without any deduction.
4. Delivery
4.1 Your order will be delivered to the address you provided when placing your order and all orders will be made in New South Wales, Australia.
4.2 If the goods cannot be delivered to your address due to reasons controlled by the supplier, the supplier will notify you as soon as possible.
4.3 If you intentionally fail to pick up (except due to circumstances under the Supplier’s control), then without prejudice to any of the Supplier’s other rights or remedies, the Supplier may:
4.3.1 store the goods until actual delivery and charge you a reasonable storage fee (including insurance); or
4.3.2 sell the Goods at the most readily available price and (a) if you have not paid for the relevant Goods, explain to you (after deducting all reasonable storage and selling costs) that you agree to pay for the Goods in excess of your price or charge you for any difference below the price you agreed to pay for the goods, or (b) if you have already paid for the goods in question, explain to you (after deducting all reasonable storage and selling charges) the amount charged any gain.
4.4 If you fail to pick up the goods due to cancellation of the contract under the Distance Selling Regulations, the supplier shall refund you within 30 days for the goods paid or charged to your credit card. When exercising your right of cancellation, you must return the goods to the supplier. If you fail to return the goods, the supplier reserves the right to deduct any direct costs the supplier incurs in retrieving the goods as a result of such failure.
4.5 We will make every effort to deliver the goods as soon as possible after your order has been accepted. However, Supplier shall not be liable to you for any loss or damage suffered by you as a result of reasonable or unavoidable delays in delivery. In this case, the supplier will notify you of any delay as soon as possible and provide you with the option to cancel your order at this time.
4.6 All items are sent uninsured with the right to leave. If you require insurance or a signature on delivery, please email nangshoppingau@gmail.com for a quote on additional costs
4.7 Please note that delivery times are estimates only and not guaranteed. These requirements are met more than 98% of the time, if unfortunately, your item is delayed we will not be responsible for any damages caused. Allow extra time during peak hours, i.e., traffic games.
4.8 If you are in a remote area, please allow enough time for your order to be delivered. Please contact us if you need a specific date
4.9 All items are uninsured and entitled to leave. Please contact us if you would like to add insurance or require a signature.
5. Risk/Title
5.1 The goods are at your risk from the date of delivery.
5.2 Title to the Goods shall not pass to you until the Supplier has received in full (cash or clearing funds) all of the following:
5.2.1 Goods, and
5.2.2 All other monies payable or payable by you to the Supplier for any reason.
5.3 The Supplier shall have the right to recover payment for the Goods even if title to any Goods has not been transferred from the Supplier.
6. Title for Business Customers
6.1 If you were a commercial customer before title to the goods passed to you, you must:
6.1.1 keep the goods (supplier free) separate from all your other goods and any third party goods so that they are easily identifiable as the supplier’s property;
6.1.2 Not to damage, deface or obscure any identifying markings or packaging on or in relation to the Goods; keep the Goods in satisfactory condition and insure it with full price insurance on behalf of the Supplier against all risks. Upon request, you shall present the insurance policy to the supplier; and
6.1.3 The insurance proceeds referred to in Condition 6.1.2 shall be held on trust for the Supplier and shall not be commingled with any other funds and shall not be deposited into an overdrafted bank account.
6.2 If you are a commercial customer, your right to possession of the Goods will immediately terminate:
6.2.1 You have a bankruptcy order against you or an arrangement or settlement with your creditors, or otherwise benefit from any statutory terms in force at the time to relieve insolvent debtors, or (as a body corporate) to convene a meeting of creditors ( whether formal or informal), or go into liquidation (whether voluntary or compulsory), other than voluntary liquidation solely for the purpose of reorganization or merger, or appoint receivers and/or managers, administrators or administrative receivers or any part thereof, or has passed a resolution or filed a petition in any court requiring you to wind up or grant an executive order in relation to you, or have commenced any proceedings relating to your bankruptcy or potential bankruptcy; or
6.2.2 you suffer or permit an expropriation on your property or any lawful or equitable enforcement against you, or you are unable to pay a debt within the meaning of section 123 of the Bankruptcy Code 1986, or you cease to trade; or
6.2.3 You pledge or charge in any way any Goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time within 10 days of receipt of the goods (see below). Note that this policy has some limitations and does not apply to business customers.
7.2 In order to exercise your right of cancellation, you must give the supplier a written notice by hand, by post or in the enotes section of our website, providing details of the item ordered and, if applicable, delivery. Phone notifications are not enough.
7.3 Except where the goods are defective or incorrectly described, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the supplier at your own expense. Goods must be returned to the address shown in the “Shipping and Returns” section of the supplier’s website. You must take reasonable care to ensure that the goods are not damaged during this period or in transit. For defective or incorrectly described Goods, the Supplier shall collect the Goods from you or require You to return the Goods to the Supplier in accordance with Supplier’s Return Procedures upon receipt of notification in compliance with Conditions 8.4, 8.5 or 8.6 (see Condition 12 below). ).
7.4 Once you have notified the supplier that you are canceling the contract, the supplier will refund you within 30 days of paying or debiting your credit card for the merchandise.
7.5 Except where the goods are defective or incorrectly described, if you do not return the goods as requested, the supplier may charge you a fee not exceeding the direct cost of recovering the goods.
7.6 If the order is for computer software unsealed by you, or consumables that cannot be returned due to their nature, you have no right to rescind the contract unless an unsolvable failure is found. It was not discovered by unpacking the goods.
8. Warranty
8.1 All new merchandise supplied by the Supplier is warranted against defects for a period of 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new merchandise is defective within the 12 month warranty period, you should follow the supplier’s return procedure (see condition 12 below). In the event of a valid claim for defects in new merchandise and clause 8.4 or 8.5 does not apply, Supplier will (at its option):
8.1.1 if the supplier offers the same goods at the same price, replace those goods;
8.1.2 repair those goods; or
8.1.3 Refund or re-credit to you the amount you paid for the relevant Goods within 30 days of the return of the relevant Goods in accordance with the Supplier’s return procedures (see clause 12 below).
8.2 When you place an order, where possible, prominently display previously used or owned goods (“Used Goods”) on the Supplier’s website. All used merchandise from suppliers is warranted against defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If a used item is defective within the 90-day warranty period, you should follow the supplier’s return procedure (see Condition 12 below). In the event of a valid claim for a used defect, the Supplier will (at its option):
8.2.1 If the supplier offers the same used goods at the same price, replace these used goods;
8.2.2 Repair used goods; or
8.2.3 In accordance with the Supplier Return Procedure (see under Condition 12).
8.3 The warranties in Conditions 8.1 and 8.2 above do not apply to damages caused by reasonable wear and tear, willful damage, accident, negligence, failure to use as intended, failure to follow the manufacturer’s or supplier’s instructions, or failure to comply with the supplier’s Any changes or repairs made with prior written approval.
8.4 If the goods supplied to you are damaged in transit, you shall notify the supplier in writing via the enotes section of the website within 7 working days of receipt of the goods (please note that for our commercial customers this is 48 hours ) and return the goods to us in accordance with our Returns Policy (see clause 12 below). Once we have verified the failure, we will (at your sole discretion) replace or refund you a full refund to your original payment method and reimburse you for reasonable return shipping costs. This does not affect your rights under clauses 8.1, 8.2 and 8.5.
8.5 If the Goods supplied to you arrive defective or incomplete (whether damaged in transit or not), you must notify us within 28 calendar days of receipt of the Goods and return the Goods to us in accordance with our Returns Policy ( See condition 12 below). Once we have verified the failure, we will (at your sole discretion) replace or refund you a full refund to your original payment method and reimburse you for reasonable return shipping costs. This does not affect your rights under clauses 8.1 and 8.2.
8.6 If the goods supplied to you are defective during the warranty period or you have any other complaints about the goods, you shall notify the supplier in writing as soon as possible through the enotes section of the website, but in any event within 14 days you discover or should discover the damage , the date of the defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
9.3.2 any indirect or consequential losses, liabilities or costs.
9.4 If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
12. Returns
12.1 For all details of the Supplier´s returns policy and procedures please click the link below:
creamchargersydney.com.au/contact-us
12.2 In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
12.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrie
13. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to Australian law and the Australian courts will have jurisdiction in respect of any dispute arising from the contract.
14. Discount/Gift Vouchers
14.1 Discount Coupons and vouchers are subject to minimum order values, or as otherwise stated.
