Terms of Sale
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*Safety & Misuse* Whipped cream cartridges contain nitrous oxide, a chemical known to the State of California to cause birth defects or other reproductive harm. For more information, go to https://www.p65warnings.ca.gov Food use only. Do not inhale the nitrous oxide found in whipped cream charger refills. It may cause serious and irreversible damage to your health, including death. Whipped Cream Chargers supplied from this website must only be used for the preparation of food. The cream chargers contain a gas called Nitrous Oxide that can be abused in the same way that glue or solvents are. In order to combat this we require that any customer purchasing our products confirm they are aware of the issues and will make every effort to prevent our products from being misused. Also we issue this warning if we suspect that you intend to misuse our products, we will refuse to sell any equipment to you. We will also refuse to do business with you in the future and your account (name, addresses etc) will be barred. It is an offence to sell cream whipping chargers for the purpose of inhalation. The risks of such misuse include narcosis, asphyxiation and potentially, death. Keep out of reach of children. We will not sell to anyone under the age of 18. We require confirmation of your age when you create an account with us. If you have any queries about these issues or wish for us to collect some cream chargers that you believe are being misused, please email us at service@shopapexgas.com.
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*Product Safety*
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Before Use Read the manufacturer’s instructions carefully before operating any whipped cream making equipment. The manual provides essential guidance on safely charging your cream dispenser using the appropriate cream whipping chargers. Maximum Charger Capacity 1/4L or 1/2L whipper – use no more than 1 8g charger 1L whipper – use no more than 2 8g chargers Exceeding these limits creates excessive internal pressure, which may cause the device to explode. Hazardous Contents Each charger contains liquid nitrous oxide (N₂O) under high pressure. Never attempt to pierce the sealing cap without the proper equipment. Doing so may result in explosion, serious injury, or severe freeze burns. Storage and Disposal Do not incinerate or expose chargers to direct sunlight, fire, or any heat source. Storage temperature must not exceed 50°C. Do not dispose of full or partially full chargers – they remain pressurised and could injure others. General Safety Keep out of reach of children. Strictly prohibited on aircraft – pressurised gas cartridges are not permitted on flights under any circumstances. Violation may result in prosecution. Failure to follow these warnings may lead to serious injury, property damage, or legal consequences. |
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Product Use Disclaimer All ApexGas whipped cream chargers and nitrous oxide (N₂O) products are sold strictly for culinary and food preparation applications only. By purchasing products from ApexGas, you acknowledge and agree that: Products are intended for whipped cream and culinary use only You understand proper handling and safety procedures You will not misuse or illegally distribute products You are legally permitted to purchase these products in your jurisdiction ApexGas does not condone misuse of nitrous oxide products under any circumstances. Improper use may result in serious injury, health risks, or death. |
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CONSUMER TERMS OF SALE
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1.FORMAT OF THE CONTRACT 1.1 These Terms of Sale apply to all goods, gases, cylinders, accessories, and related products supplied by ApexGas (the "Supplier"). 1.2 Any order placed by you for goods or gases advertised on our website, via email, or through any sales channel constitutes an offer by you to purchase the products specified in your order. No contract shall exist between you and the Supplier, its agents, affiliates, or assigns for the sale of any products until the Supplier has received your order and issued a formal order acceptance, which may be granted or withheld at the Supplier's sole discretion. 1.3 You will receive an order acknowledgement shortly after placing your order. This acknowledgement serves only to confirm that we have received your order. This acknowledgement does not constitute confirmation that your order has been accepted, and no contractual rights arise from it. 1.4 If the Supplier accepts your order, you will be notified via email prior to dispatch. If we are unable to accept your order (for example, because the products are out of stock, gases are temporarily unavailable, or delivery constraints apply), we will notify you by telephone or email as soon as reasonably practicable. 1.5 If, after acceptance of an order, it is discovered that the product is unavailable, that specifications have changed, or that any other reason within the Supplier's reasonable discretion prevents fulfilment, ApexGas reserves the right to cancel or partially cancel your order. In such cases, we will offer you either: (a) a full refund of any sums paid for the affected products; or (b) a substitute product of equivalent or similar specification (subject to your consent). Such remedies shall be governed by the conditions set forth in Clauses 2.2 – 2.4 herein. 1.6 The Supplier reserves the right to terminate the contract if payment for the goods is not received in cleared funds in accordance with Clause 3.1, or if any payment is subsequently reversed or charged back. 1.7 You reserve the right to cancel the contract in accordance with Clause 7 (Your Right of Cancellation), provided that cancellation notice is given within the timeframes and under the conditions specified therein. 1.8 The Supplier reserves the right to amend, modify, or replace these Terms of Sale at any time without prior notice to you, with respect to future sales. The terms applicable to your order shall be those published on our website or otherwise provided to you at the time of order placement, unless a change is required by applicable law. |
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2. DESCRIPTION AND PRICE OF THE GOODS 2.1 The description and price of the goods you order will be as shown on the Supplier's website, quotation, or order confirmation at the time you place your order. 2.2 If after acceptance of your order we discover within fourteen (14) days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within seven (7) working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as reasonably practicable. 2.3 If within fourteen (14) days of our acceptance of your order Supplier discovers that some, but not all, of the good(s) or product(s) purchased are unavailable, Supplier will no longer supply those unavailable goods. Under these circumstances Supplier will contact you detailing the goods that are unavailable, and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within fourteen (14) days of receipt of such notice, Supplier will deliver the available goods in accordance with Condition 4 (Delivery) below. Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it). 2.4 Every effort is made to ensure that prices shown on the Supplier's website, quotation, or order confirmation are accurate at the time you place your order. If within fourteen (14) days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of: 2.4.1 placing a new order at the correct price for the good(s); 2.4.2 cancelling the whole of your order; or 2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods. 2.5 If within fourteen (14) days of receipt of Supplier's notice to you, you have not responded by selecting one of the available options outlined in Conditions 2.4.1 to 2.4.3, then: (a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or (b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods. 2.6 For the avoidance of doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these Terms of Sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website, by email, or otherwise. 2.7 In addition to the price, you may be required to pay a delivery charge for the goods. Where goods contain compressed gases or are classified as hazardous materials for transport, additional handling or shipping fees may apply. Details of delivery charges are clearly displayed on our website or set out in our quotation at the point you place your order. 2.8 Where cylinders, containers, or other returnable packaging are supplied, such items remain the property of ApexGas unless otherwise expressly stated. A separate deposit or rental fee may apply, and refund of such deposit is subject to the return of all cylinders and packaging in good condition, ordinary wear and tear excepted. 2.9 Any free items, promotional gifts, or branded accessories offered with an order are subject to availability and may be substituted with items of equivalent value at the Supplier's sole discretion. 2.10 Any email, coupon, or automated voucher codes are subject to a minimum order value of $20 unless otherwise stated, and may not be combined with other offers or applied to previous orders. |
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3. PAYMENT 3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date, and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. 3.2 There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you). 3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. |
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4. Delivery 4.1 The goods you order will be delivered to the address you give when you place your order. 4.2 Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) 4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible. 4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may: 4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or 4.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received. 4.5 If you fail to take delivery because you have cancelled your contract under your statutory cancellation rights the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure. 4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point. 4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter. |
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5. Risk/Title 5.1 The goods are at your risk from the time of delivery. 5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: 5.2.1 the goods, and 5.2.2 all other sums which are or which become due to the Supplier from you on any account. 5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier. |
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6. TITLE FOR BUSINESS CUSTOMERS
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property; 6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and 6.1.3 hold the proceeds of the insurance referred to in Condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 6.2 If you are a business customer, your right to possession of the goods shall terminate immediately if: 6.2.1 you (being an individual or partnership) have a bankruptcy petition presented against you, or make an assignment for the benefit of creditors, or otherwise take the benefit of any United States federal or state bankruptcy, insolvency, or debtor relief law now or hereafter in effect; or (being a corporation or other legal entity) you commence a voluntary case under the United States Bankruptcy Code, or an involuntary case is commenced against you under the United States Bankruptcy Code and is not dismissed within sixty (60) days, or you make a general assignment for the benefit of creditors, or a receiver, trustee, custodian, or similar official is appointed for your business or any substantial part of your assets; or 6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or you are unable to pay your debts as they become due, or you admit in writing your inability to pay your debts, or you cease to trade or conduct business in the ordinary course; or 6.2.3 you encumber or in any way charge any of the goods. |
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7. YOUR RIGHT OF CANCELLATION 7.1 You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers. 7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, or the enotes section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods, the Supplier shall, after receiving notification, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see Clause 11 below). 7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. 7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 7.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. |
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8. LIMITATION OF LIABILITY
8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents; 8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; 8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract. 8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation. 8.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement, including but not limited to: 8.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or 8.3.2 any indirect or consequential losses, liabilities or costs. 8.4 If you are a business customer, the aggregate liability of the Supplier (whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question. |
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9. DATA PROTECTION 9.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but, unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you. |
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10. IMAGES 10.1 Product images are for illustrative purposes only and may differ from the actual product. All images remain the property of ApexGas and shall not be copied, reproduced, or used without prior written permission. |
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11. RETURNS
11.2 Any items returned to us which you claim to be faulty or incomplete will be checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you, and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired or is declined, we will hold the item(s) until full payment has been made for the return carriage. 11.3 Any items that you return to us are at your own risk. We strongly advise all customers to take reasonable care when returning any items to us, for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier. |
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12. GOVERNING LAW AND JURISDICTION 12.1 These Terms of Sale and the supply of the goods shall be governed by and construed in accordance with the laws of the State of California, United States of America. The parties consent to the non-exclusive personal jurisdiction of the state and federal courts located in California for any dispute arising from or in connection with this contract. |
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13. DISCOUNT/GIFT VOUCHERS 13.1 Discount coupon codes are subject to a minimum purchase amount. The minimum purchase amount will be stated with the coupon or is available on request. 13.2 Unless otherwise stated, coupon codes may not be combined with any other offer, discount, or promotion, and may not be applied to previous orders. |