Terms and Conditions

BY ACCESSING, BROWSING, SHOPPING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS USER AGREEMENT YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THE SITE.

1. You affirm that you are at least 18 years old (or the age of majority in your jurisdiction). creamwhip.com.au and  Mornington Marketing Company 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.

2. 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 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 creamwhip.com.au and Mornington Marketing Company are not liable for injuries or deaths caused to anyone, regardless of age, by the misuse of any products sold on this website.

3. You agree that it is the responsibility of you, the purchaser, to ascertain and obey all applicable local, state and federal laws in regard to possession and use of any product sold on this website. Creamwhip.com.au and Mornington Marketing Company assume no liability associated with the possession and use of any product sold on this website.

4. 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.

5. You agree that in the event that you refuse delivery or provide inaccurate billing and/or shipping information, you will be responsible for all shipping fees, including any additional fees that are incurred for returning your order to our warehouse.

6. You agree that, to the fullest extent permissible by law, Creamwhip.com.au and Mornington Marketing Company disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Creamwhip.com.au and Mornington Marketing Company do not warrant the accuracy, completeness or usefulness of any information contained on this website.

7. You agree to defend, indemnify and hold harmless Creamwhip.com.au and Mornington Marketing Company from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your purchase from Creamwhip.com.au and Mornington Marketing Company.

8. If you use this website to submit purchases for or on behalf of a 3rd party (“3rd Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you agree to inform the 3rd Party of all terms and conditions applicable to purchases made through this website.

9. 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.

10. 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.