Terms & Conditions
Please read these Terms of Sale carefully before placing your order and retain a copy of these terms and your order for future reference.
Safety & Misuse
Strict Culinary-Use Policy | N₂O Safety Compliance
Mandatory User Confirmation
All chargers sold are exclusively for food preparation. Purchasers must affirm:
• Understanding N₂O misuse risks (asphyxiation/narcosis)
• Commitment to prevent product diversion
• Minimum 18+ age verification (ID required)
Enforcement Protocol
Suspected misuse triggers:
① Immediate sales termination
② Account blacklisting (permanent)
③ Legal reporting per Medicinal Chemicals Act
Operational Safety Directives
① Dispenser Limits
¼-½L whippers: MAX 1 charger
1L units: MAX 2 chargers
② Hazard Mitigation
✖ No cartridge piercing (explosion/freeze burn risk)
✖ Storage above 50°C prohibited
✖ Absolute flight ban (ICAO/IATA violation)
③ Disposal Protocol
→ Fully depressurise before recycling
→ Child-proof containment mandatory
Manufacturer Compliance
• CE/FDA-certified equipment only
• Mandatory pre-use manual review
Consumer Terms Of Sale
- Contract Format
1.1 These sale terms apply to all goods supplied by Commerce Enterprises Inc. (trading as NCGWhip), registered at xxx.
1.2 Placing an order on our website constitutes your offer to purchase the selected goods. A sales contract is formed only after we receive and accept your order at our discretion.
1.3 We’ll send an order acknowledgment after you place your order, confirming receipt, not acceptance.
1.4 If we accept your order, we’ll notify you by email before dispatch. If we can’t accept it (e.g., due to unavailability), we’ll inform you by phone or email.
1.5 If goods become unavailable or a pricing error is found after order acceptance, we may withhold supply and offer a refund or alternatives per conditions 2.2 – 2.4. Note: For out-of-stock items, we may automatically upgrade you to a premium brand like Whip-it! or ISI.
1.6 The contract is subject to your cancellation right (see condition 7).
1.7 We can terminate the contract if we don’t receive cleared payment (per condition 3.1).
1.8 The Supplier may alter these sale terms without notice for future sales.
- Goods Description and Price
2.1 The goods’ description and price are as shown on the Supplier’s website when you order.
2.2 If all goods are found unavailable within 14 days of order acceptance, we may terminate the contract and refund you within 7 working days, and we’ll inform you as soon as possible.
2.3 If some goods are unavailable within 14 days of order acceptance, we’ll stop supplying those and contact you to cancel or amend the order with alternatives. If you don’t cancel within 14 days of notification, we’ll deliver available goods per condition 4 and refund for unavailable items or a canceled order.
2.4 We strive for price accuracy on the website. If a pricing error is found within 14 days of order acceptance, we’ll notify you of the mis-priced goods and offer these options:
2.4.1 Place a new order at the correct price;
2.4.2 Cancel the entire order;
2.4.3 Cancel the order for mis-priced goods and reconfirm the order for correctly priced ones.
If you don’t respond with one of the above options within 14 days of notification:
(a) If all goods are mis-priced, the order is automatically canceled, and the Supplier refunds your payment;
(b) If only some goods are mis-priced, the contract continues, we deliver correctly priced goods but not mis-priced ones, and we refund payments for mis-priced goods.
2.5 Where goods are unavailable and you order alternatives, or goods are mis-priced and you later order at the correct price, these sale terms apply, regardless of the ordering method.
2.6 In addition to the price, you may need to pay a delivery charge, details of which are clearly shown on our website when you place your order.
2.7 Any free items are subject to availability, including branding.
2.8 Email automated voucher codes require a minimum $10 order unless otherwise stated.
- Payment
3.1 Payment for goods and delivery charges can be made by any method displayed on the Supplier’s website when you order. Payment is due before the delivery date, and timely payment is a fundamental contract term. Breach allows the Supplier to terminate immediately.
3.2 Delivery won’t occur until cleared funds are received (except for business accounts with agreed credit terms).
3.3 You must make payments without deductions unless a valid court order requires the Supplier to pay you an equivalent amount.
- Delivery
COVID-19 is currently affecting delivery times in some areas
4.1 Goods will be delivered to the address you provide when ordering, except some deliveries aren’t made outside the USA.
4.2 Orders placed before 3:00 pm on a working day (any day except weekends and public holidays) will be processed that day and delivered as per your chosen option, provided no extra security checks are needed and stock is available.
4.3 If delivery to your address is impossible due to Supplier-controlled reasons, we’ll inform you as soon as possible.
4.4 If you deliberately fail to take delivery (not due to Supplier-controlled reasons), the Supplier may:
4.4.1 Store the goods until delivery, charging reasonable storage costs (including insurance); or
4.4.2 Sell the goods at the best available price. Then, if unpaid, account to you for any excess over the agreed price after deducting storage and selling costs, or charge you for any shortfall. If paid, account to you for proceeds after deducting those costs.
4.5 If you fail to take delivery due to cancellation under the Distance Selling Regulations, the Supplier refunds you within 30 days. You must return the goods; failure may lead to deduction of retrieval costs.
4.6 We’ll deliver goods as soon as possible after order acceptance. However, the Supplier isn’t liable for losses from reasonable or unavoidable delivery delays. We’ll inform you of delays and offer cancellation.
4.7 When receiving your order, sign to confirm goods are in good condition. Refuse delivery if the package appears damaged. If unable to check contents immediately, sign as “UNCHECKED”. Failure to do so may affect future warranty claims.
- Risk/Title
5.1 Goods are at your risk from delivery.
5.2 Ownership transfers when the Supplier receives full payment (cash or cleared funds) for:
5.2.1 The goods; and
5.2.2 All other sums due from you.
5.3 The Supplier can seek payment even if ownership hasn’t passed.
- Title for Business Customers
6.1 If a business customer, until ownership transfers, you must:
6.1.1 Store goods separately at no Supplier cost, keeping them identifiable as Supplier’s property;
6.1.2 Not destroy, deface, or obscure any identifying marks or packaging; maintain goods in good condition and insure them for full price against all risks to Supplier’s satisfaction. Produce the insurance policy upon request; and
6.1.3 Hold insurance proceeds in trust for the Supplier, not mixing with other funds or paying into an overdrawn account.
6.2 For business customers, possession rights end immediately if:
6.2.1 Bankruptcy order against you, creditor arrangements, or insolvency-related actions (except solvent liquidation for reconstruction/amalgamation), or appointment of receivers/managers/administrators, or winding-up petitions or proceedings;
6.2.2 Any legal/equitable execution against your property, inability to pay debts per the Insolvency Act 1986 section 123, or cessation of trade;
6.2.3 You encumber or charge any goods.
- Your Cancellation Right
7.1 You can cancel the contract within 10 days of receiving the goods. Note: This policy has limitations and doesn’t apply to business customers.
7.2 To cancel, give written notice via hand delivery, post, or the website’s enotes section, including order details and delivery info. Phone notification isn’t sufficient.
7.3 Except for faulty or misdescribed goods, you’ll bear return costs if canceling after delivery. Return goods to the address in the Supplier’s Shipping & Returns section. Ensure goods aren’t damaged meanwhile or in transit. For faulty or misdescribed goods, the Supplier will collect or ask you to return them per the Returns procedure (condition 12).
7.4 After notifying cancellation, the Supplier refunds you within 30 days.
7.5 Except for faulty or misdescribed goods, if you don’t return goods as required, the Supplier may charge up to direct retrieval costs.
7.6 No cancellation right for unsealed computer software or non-returnable consumables, unless a fault undetectable without unsealing is found.
- Warranty
8.1 All new goods are warranted defect-free for 12 months from supply (unless stated otherwise). This doesn’t affect your statutory consumer rights. If a defect occurs during the warranty period, follow the Supplier’s Returns procedure (condition 12). For valid defect claims (where clauses 8.4/8.5 don’t apply), the Supplier may:
8.1.1 Replace goods if available at the same price;
8.1.2 Repair goods; or
8.1.3 Refund within 30 days of return per the Returns procedure.
8.2 Used goods (highlighted on the website) have a 90-day defect-free warranty from supply. For valid defect claims, the Supplier may:
8.2.1 Replace used goods if available at the same price;
8.2.2 Repair them; or
8.2.3 Refund within 30 days of return.
8.3 Warranties (clauses 8.1/8.2) don’t cover defects from fair wear, willful damage, accidents, negligence, improper use, failure to follow instructions, or unapproved alterations/repairs.
8.4 If goods are transit-damaged, notify the Supplier via the website’s enotes section within 7 working days (48 hours for business customers) and return per the policy. After fault verification, we’ll replace or refund via your original payment method and reimburse return costs. This doesn’t affect clauses 8.1, 8.2, and 8.5 rights.
8.5 If goods are faulty/incomplete on arrival (regardless of transit damage), notify us within 28 days and return per the policy. After fault verification, we’ll replace or refund and reimburse costs. This doesn’t affect clauses 8.1/8.2 rights.
8.6 If a defect occurs under warranty or you have other complaints, notify the Supplier via the website’s enotes section within 14 days of discovery.
- Liability Limitation
9.1 For consumers, the Supplier isn’t liable for loss/damage where:
9.1.1 No breach of legal duty owed by Supplier/its employees/agents;
9.1.2 Loss/damage isn’t a foreseeable breach result;
9.1.3 Increased loss/damage from your contract breach.
9.2 Nothing excludes/liability for death/personal injury from Supplier’s negligence or fraudulent misrepresentation.
9.3 For business customers, the Supplier isn’t liable for indirect/consequential loss/damage (e.g., profit loss, business loss, goodwill depletion), costs, expenses, or consequential compensation claims arising from or connected to the agreement.
9.3.1 Loss of business, data, profits, goodwill, anticipated savings, or revenue, even if advised of possibility;
9.3.2 Any indirect/consequential losses, liabilities, or costs.
9.4 For business customers, the Supplier’s total liability (contract, negligence, statutory breach, or otherwise) is limited to and won’t exceed the goods’ price.
- Data Protection
The Supplier takes precautions to secure your order/payment details but isn’t liable for unauthorized access unless negligent.
- Images
Product images are illustrative and may differ from actual products.
- Returns
12.1 For the Supplier’s returns policy and procedures, click the link below:
quickwhip.com.au/customer-service/#answer3
12.2 Note that returned items claimed as faulty/incomplete are checked by our technicians. If no fault/incompleteness is found, items will be returned to you, and we may charge return carriage costs via your original payment method. If your credit card is expired or declined, we’ll hold the item(s) until full payment is made for the return carriage.
12.3 Returning items is at your own risk. We advise ensuring correct addressing, adequate packaging, and using a reputable carrier.
- Governing Law and Jurisdiction
These sale terms and goods supply are governed by USA law, and USA courts have jurisdiction over any contract disputes.
- Discount/Gift Vouchers
14.1 Discount coupons and vouchers are subject to minimum order values or as otherwise stated.
Copyright
Digital Intellectual Property Rights Notice
© Commerce Enterprises Inc. (NCGWhip®) asserts full ownership of:
① Site architecture & composite content
② Proprietary text/graphic assets
③ Branded manufacturer collateral
Protected under:
• Australian Copyright Act 1968 (Cth)
• Berne Convention provisions
• US Digital Millennium Copyright Act
Explicit Prohibitions
✖ Unauthorised reproduction/derivatives
✖ Commercial licencing without written consent
✖ Branding element extraction (incl. manufacturer IP)
Enforcement Protocol
Active monitoring via WebTitan® + legal recourse for breaches (civil damages/criminal charges per Part V Division 5 Competition & Consumer Act 2010).