TERMS AND CONDITIONS
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, Perth Nangs 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, Perth Nangs 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.
CONTROLLING TERMS
You affirm that you are at least 18 years old (or the age of majority in your jurisdiction). Perth Nangs 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 Perth Nangs 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. Perth Nangs 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, Perth Nangs will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Perth Nangs 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, Perth Nangs will inform you as soon as possible.
You agree that, to the fullest extent permissible by law, Perth Nangs disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Perth Nangs 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, Perth Nangs disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Perth Nangs 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 Perth Nangs.
- 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 Perth Nangs will be used only in accordance with the manufacturer’s recommendations
- I acknowledge Perth Nangs is not liable for any misuse of goods and that any evidence of misuse will result in Perth Nangs terminating the sale and/or restricting future sales
- I agree that Perth Nangs 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, Perth Nangs disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Perth Nangs do not warrant the accuracy, completeness or usefulness of any information contained on this website.
INDEMNITY
You agree to defend, indemnify, and hold harmless Perth Nangs from and against all claims, damages, costs, and expenses, including attorneys’ fees, arising from, or related to your purchase from Perth Nangs.
PAYMENT
We accept credit cards payment via eWAY.
TAXES
Prices advertised include GST where applicable.
GOVERNING LAW AND ARBITRATION
The internal laws of the state of Western Australia 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 Western Australia for all disputes arising out of or relating to, the Terms and Conditions and use of this website.