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Terms & Conditions

Safety and Misuse

Cream chargers supplied from our Site must only be used for baking and the preparation of food-related purposes.

If we suspect that you are improperly using the cream chargers (including by inhaling the gas inside the cream chargers), we will refuse to provide you with any deliveries in accordance with these Terms.

Misuse of the cream chargers can be dangerous to your health and may result in burns, injury, or death.

Subject to any rights you have under the Australian Consumer Law and these Terms, you agree to release us from any claim or liability in respect of misuse of the goods from our Site that results in injury or death.

You agree to follow the instructions on the goods that are purchased from our Site.

Our Disclosures:

Before becoming a customer, here are some important points for you to understand:

  1. We may cancel an order at any time before delivery for any reason. If we cancel, we will refund you using the original payment method.

  2. Our liability under these terms is limited to the price paid by you for the products subject to the claim, and we will not be liable for consequential loss.

  3. We will not be liable for any loss or damage to the products, injury, or loss to any person, failure or delay in providing the products, or breach of any law, if such loss was caused by events or circumstances beyond our reasonable control or acts or omissions by you or your related parties.

  4. We may amend these Terms at any time by publishing updated terms on our Site.

  5. Nothing in these terms limits your rights under Australian Consumer Law.

Disclaimer

(a) Age Requirement

You must be at least 18 years old to receive any products from our website. If you are under 18, you will not be able to purchase any products from our site.

(b) Proof of Age

To ensure compliance with the age requirement, we may request valid proof of age (such as a government-issued ID or driver’s license) to verify that you are 18 years or older. If you fail to provide valid proof of age, your order will be cancelled, and shipping fees will not be refunded.

(c) Product Usage Restrictions

We only provide products that comply with the manufacturer’s guidelines for baking or kitchen use. All products are strictly for lawful and appropriate purposes in line with food industry standards. Any use of the products that deviates from the manufacturer’s instructions will not be our responsibility.

(d) Abuse of Products

We expressly disclaim any responsibility for the abuse of products, including but not limited to the inhalation of nitrous oxide (N2O) or any other misuse. If we detect that a product purchased from us is being used for any form of abuse or illegal activity, we will take the following actions:

  • Immediately restrict any current or future transactions with you;

  • Block you from purchasing any further products;

  • You will bear full responsibility for any consequences resulting from the abuse or misuse of the product.

(e) Identity Verification Requirement

Before delivery, we may request photo identification to verify the legitimacy of the transaction. If you refuse to provide valid photo identification, your order will be cancelled, and the shipping fee will not be refunded. If we discover that the information provided is false or fraudulent, your order will be immediately cancelled, and we may take appropriate actions.

(f) Legal Use of Products

All products sold are intended for legal and compliant use only. The use of our products for any illegal purpose, including abuse or misuse that may cause physical harm or addiction, is strictly prohibited. We reserve the right to refuse to sell products to any user who violates these terms.

Introduction

(a) This website (Site) is operated by “jinyouz5.sg-host.com”.

These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

Use of the Site

(a) By placing an order through the Site, you accept these Terms.

(b) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.

(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

  • Anything that would constitute a breach of an individual’s privacy or any other legal rights;

  • Using the Site to defame, harass, threaten, menace or offend any person;

  • Using the Site for unlawful purposes;

  • Interfering with any user of the Site;

  • Tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

  • Using the Site to send unsolicited electronic messages;

  • Using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

  • Facilitating or assisting a third party to do any of the above acts.

Accounts

(a) You may purchase products without creating an account or choose to create an account to review your order history.

(b) Any personal information provided during account creation must be accurate and up-to-date. We will treat your information in accordance with our Privacy Policy.

(c) You are responsible for maintaining the confidentiality of your account details and for all activity under your account.

Orders

(a) When you order through the Site, you agree to purchase the products for the listed price, including any applicable delivery charges and taxes.

(b) We reserve the right to accept or reject any order. If we reject your order, we will notify you in a timely manner.

(c) You are responsible for verifying the order details before submission.

(d) Once your payment is validated, we will send you an order confirmation, including the items ordered and estimated delivery times.

(e) Some products on the Site may not be suitable for children under 18 years old.

(f) All purchases are subject to product availability. We strive to keep products in stock and to keep the Site updated with accurate availability.

(g) We may cancel any accepted order at any time before delivery, including if there are significant delays, issues with supply, or pricing errors.

(h) You may cancel your order before delivery, but if it has already been dispatched, you will still be charged for the delivery.

Price and Payments

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).

(b) You must pay the Price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider (e.g., Stripe). You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f) We may from time to time issue promotional discount codes for certain products on the Site.

(g) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(h) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

Delivery, title and risk

(a) If possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(b) Delivery costs are set out on the Site and are to be paid in addition to the Price.

(c) We normally dispatch products within an hour of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) We deliver the products using a range of delivery methods. You may need to show ID before the product is provided. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(e) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

Failed Contact and Redelivery Policy (Instant Delivery Orders)

For Instant Delivery orders, our driver will attempt to contact the customer by phone and/or SMS upon arrival at the delivery address. If the driver is unable to reach the customer after multiple attempts, and the delivery cannot be completed, the order will be taken back for security and quality protection reasons.
In such cases, the original delivery fee will be deducted and is non-refundable. If the customer wishes to have the order redelivered, a new delivery fee will be required. Customers may contact our customer service team to arrange a redelivery at their convenience.

We are not responsible for delays or additional charges resulting from unsuccessful delivery attempts due to the customer being unreachable or unavailable at the time of delivery.

Returns

Change of mind returns

(a) We accept returns for change of mind, provided the product is unopened and in resalable condition. You may have additional rights under the Australian Consumer Law.

Australian Consumer Law

(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example, delivery costs) of returning the products to us.

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

Limitations

(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

  • Our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

  • We will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

(d) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

  • Loss of, or damage to, the products, or any injury or loss to any person;

  • Failure or delay in providing the products; or

  • Breach of the Terms or any law,

Where caused or contributed to by any:

  • Event or circumstance beyond our reasonable control; or

  • Act or omission of you or your related parties.

Intellectual Property

(a) All intellectual property (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

  • Copy, in whole or in part, any of Our Intellectual Property;

  • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

  • Breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our Intellectual Property; causing any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

  • You do not assert that you are the owner of Our Intellectual Property;

  • Unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

  • You do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading, or deceptive; and

  • You comply with all other terms of these Terms.

General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post, text or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and Complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Entire Agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(g) Governing Law:
These Terms are governed by the laws of Victoria, New South Wales, and Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria, New South Wales, and Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(h) Third Party Sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

For any questions or notices, please contact us at:

Email: info@jinyouz5.sg-host.com

Last Update: 19 August 2021


Terms of Sale

Baking Needs Only:

Products sold are intended for baking and food preparation purposes only. Misuse is harmful, and we will refuse to sell products to anyone suspected of misuse or under 18. Nitrous oxide (N2O) products will not be delivered to universities, dormitories, schools, or hospitals.

Recycling Information:

Cream chargers are made with 100% recyclable steel and should be disposed of with your regular recycling. Do not dispose of unused chargers improperly.

Last update: 01/01/2024

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