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.

controlling terms

You affirm that you are at least 18 years old (or the age of majority in your jurisdiction). Nitrous Express 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 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 Nitrous Express are 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 in regard to possession and use of any product sold on this website. Nitrous Express assume 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.

acceptance of orders

If you are not there to accept your order, there is a restocking fee of 20%.

prices

The prices quoted on this website is firm. Discount Code and Reward Points may apply.

delivery 24/7/365

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Nitrous Express will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Nitrous Express will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.

While we have quoted 20 to 60 minutes for delivery, we can take longer if it is far to travel or lack on drivers during the time of your order. You will be notified accordingly. If delivery cannot be made to your address for reasons under the our control, Nitrous Express will inform you as soon as possible.

You agree that, to the fullest extent permissible by law, Nitrous Express disclaim all warranties, express or implied, including, but not limited to: implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Nitrous Express do not warrant the accuracy, completeness or usefulness of any information contained on this website.

transportation and risk of loss

We will deliver your order as promised.

cancellation or modification

There is a 20% restocking fee for any cancellation after placing an order.

South Australia Regulations

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.

Changes commencing 1 April 2020

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 10pm and 5am
  • 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 notice (PDF 156KB) and ensure it's visible to the public.

warranty and disclaimer

You agree that, to the fullest extent permissible by law, Nitrous Express disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Nitrous Express 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 Nitrous Express.

  • 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 Nitrous Express will be used only in accordance with the manufacturer's recommendations
  • I acknowledge Nitrous Express is not liable for any misuse of goods and that any evidence of misuse will result in Nitrous Express terminating the sale and/or restricting future sales
  • I agree that Nitrous Express 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, Nitrous Express disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Nitrous Express do not warrant the accuracy, completeness or usefulness of any information contained on this website.

indemnity

You agree to defend, indemnify and hold harmless Nitrous Express from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your purchase from Nitrous Express.

payment

We accept payment via eWAY (ANZ) and Paypal.

australian taxes

Prices advertised includes GST where applicable.

governing law and arbitration

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.