Terms & Conditions

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.

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:

• Any person(s) under the age of 16 years
• Any person(s) 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 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.

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.

The Western Australian Government has amended the Medicines and Poisons Regulations 2016 to restrict access to Nitrous Oxide. Changes commencing 31 October 2024.

Under the new regulations, Nitrous Oxide products up to 10 grams (10g) are only accessible to:

• Registered food businesses;
• Businesses with a liquor licence that prepare alcoholic drinks on-site;
• Educational and training institutions; and
• Cooking school businesses

These are known as approved recipients. Evidence of authority to purchase may be required.

You can find out more about applying for a food certificate here: https://www.health.wa.gov.au/articles/n_r/registration-of-a-food-business

The sale and supply of large canisters (cylinders) over 10g is prohibited in Western Australia.

Sales of large canisters (cylinders) exceeding 10 grams in Western Australia will be replaced with cream chargers up to 10 grams upon verification of approved recipient documentation. This measure ensures compliance by requiring authorised buyers to present valid certifications before accessing the smaller, regulated product size.

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.

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.

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.

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.

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

Delivery Method and Tracking: All orders despatched via Australia Post includes comprehensive tracking and signature-on-delivery requirements. By placing an order, you agree to these shipping protocols to ensure the secure arrival of your items.

Missed Deliveries and Collection: In the event that no one is available to sign for your parcel, Australia Post will transport the item to your nearest Post Office for collection. Please note that parcels must be collected within seven (7) days. Failure to collect your order within this timeframe will result in the parcel being returned to us.

Returns and Restocking Fees: Should your parcel be returned to us due to non-collection, a restocking fee equivalent to 25% of the total product cost will be deducted from any potential refund. Please note that original postage costs are non-refundable, as these funds are paid directly to the carrier to facilitate the initial shipment of your order.

Authority to Leave: If you have requested that your parcel be left in a "safe place" or "secure location" without a signature, please be advised that this is granted at the sole discretion of Australia Post. By opting for an Authority to Leave delivery, you accept all risks associated with the package, including the risk of loss, theft, or damage, and we will not be held liable for any such occurrence once the item has been marked as delivered by the carrier.

General Delivery Policy: WhipRight is committed to processing and despatching your order as promptly as possible following acceptance. Please be advised that while we strive to meet all delivery timelines, WhipRight shall not be held liable for any loss, damage, or inconvenience resulting from reasonable or unavoidable delays in the delivery process.

Lightning Delivery Estimates: Our "Lightning Delivery" option is estimated to be completed within 30 to 60 minutes. Please note that this is an estimate and not a guaranteed delivery time. Circumstances such as excessive travel distance or a temporary shortage of available drivers may result in extended transit times. In the event that your delivery is expected to exceed the estimated window, you will be notified promptly via the email address associated with your order.

Calculation of Delivery Fees: Delivery charges are calculated based on a variety of operational factors, including current fuel costs, the estimated travel time, and the total distance required for the driver to complete the delivery. Customers should acknowledge that while we provide estimated delivery windows as a courtesy and guideline, these timeframes do not form the basis for delivery pricing, nor are they a guarantee of performance. All delivery fees are final based on the logistical requirements calculated at the time of despatch.

Delivery Protocol and Wait Times: Upon arrival at the designated delivery location, our driver will make a reasonable attempt to contact you if you are not immediately available to receive your order. Please note that our drivers are unable to wait longer than five (5) minutes at the delivery site. If we are unable to reach you or gain access to the property within this timeframe, we reserve the right to conclude the delivery at our discretion.

Unattended Deliveries: If you are not present to accept the delivery, we will attempt to leave your order in a secure location and provide photographic evidence of the drop-off as confirmation. By agreeing to these terms, you acknowledge that once the item is left in a safe location and photographed, the risk of loss or damage transfers to you. If no secure area is available for your delivery, your order will be returned to our facility. In such instances, you will be subject to an additional delivery fee to schedule a secondary attempt.

Cancellations and Restocking: Should you choose to cancel your order following an unsuccessful delivery attempt, a restocking fee equivalent to 25% of the total product cost will be deducted from any applicable refund. Please be advised that the original delivery fee is strictly non-refundable, as it covers the costs incurred during the initial delivery attempt.

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

We accept payment via eWAY and PayPal.

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.

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.