*Safety & Misuse*
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, which can be abused similarly to glue or solvents. To combat this, we require that any customer purchasing our products confirm they are aware of these issues and will make every effort to prevent misuse. If we suspect that you intend to misuse our products, we will refuse to sell any equipment to you. Additionally, we will refuse to do business with you in the future, and your account (name, address, etc.) will be barred.
It is an offense 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.
*Product Safety*
Before using our whipped cream making equipment, you must first read the manufacturer’s instructions. This will guide you on how to safely charge your cream using the cream whipping chargers.
*CONSUMER TERMS OF SALE*
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Cake-Emergency.com, whose registered office is at G15, 838 Collins Street, Docklands, VIC 3008, Australia.
1.2 Any order placed by you for goods advertised on our website constitutes an offer by you to purchase the selected goods. No contract exists between you and us for the sale of any goods until we have received and accepted your order (which we may do at our discretion).
1.3 We will send you an order acknowledgment shortly after you place your order, confirming that we have received it. This acknowledgment is not a notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email prior to dispatching the goods. If we cannot accept your order (for example, but not limited to, because the goods are unavailable), we will notify you by telephone or email.
1.5 In the event that, after accepting your order, we discover that the goods are unavailable or that there was a pricing error on our website, we reserve the right not to supply the ordered goods. We will offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below. Note: If an item is out of stock, we reserve the right to automatically provide you with a free upgrade to a premium brand, such as Bestwhip or ISI.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if we do not receive the price of the goods from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you for future sales.
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 at the time you place your order.
2.2 If, after accepting your order, we discover within 14 days that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 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 possible.
2.3 If, within 14 days of accepting your order, we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances, we will contact you detailing the goods that are unavailable and offer you the option of canceling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not canceled the order within 14 days of receiving such notice, we will deliver the available goods in accordance with condition 4 below. We 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 the canceled order (if you have canceled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 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 miss-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 canceling the entirety of your order; or
2.4.3 canceling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receiving our notice, you have not responded by selecting one of the options in conditions 2.4.1 to 2.4.3 above, then:
(a) if all the goods you ordered are found to be mis-priced, the entire order will be automatically canceled, 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 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 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.
2.5 To avoid any 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 or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods. Details of these charges are clearly displayed on our website at the time you place your order.
2.7 Any free items are subject to availability, including the branding of such items.
2.8 Any email automated voucher codes are subject to a minimum order of $10, unless otherwise stated.
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 is due before the delivery date, and timely payment is a fundamental term of this agreement, breach of which entitles the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received, except for business accounts where we have agreed on credit facilities with you.
3.3 Payments must be made by you without any deductions unless you have a valid court order requiring the Supplier to pay you an amount equal to such deduction.
4. Delivery
4.1 The goods you order will be delivered to the address you provide when you place your order. Please note that some deliveries may not be made outside of Australia.
4.2 Orders placed before 2:00 pm on a working day will be processed that day and delivered according to 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 public holidays.)
4.3 If delivery cannot be made to your address for reasons within 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 (other than due to circumstances beyond the Supplier's control), 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. If you have not already paid for the goods in question, we will account to you for any excess over the price you agreed to pay for the goods (after deducting all reasonable storage and selling expenses) or charge you for any shortfall below the price you agreed to pay. If you have already paid for the goods in question, we will account to you for any proceeds received (after deducting all reasonable storage and selling expenses).4.5 If you fail to take delivery because you have canceled your contract under the Distance Selling Regulations, 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. Upon 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 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 due to reasonable or unavoidable delays in delivery. In such cases, the Supplier will inform you of any delay as soon as possible and will give you the option of canceling your order at that 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, please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery, please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims you make thereafter.
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 in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or 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. (Title for Business Customers)
6. Safety
6.1 If you are a business customer, until ownership of the goods has passed to you, you must:
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 marks 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. Upon request, you shall produce the insurance policy to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 in 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 have a bankruptcy order made against you, make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors. If you are a body corporate, this includes convening a meeting of creditors (whether formal or informal), entering into liquidation (whether voluntary or compulsory, except for a solvent voluntary liquidation for the purpose of reconstruction or amalgamation), having a receiver and/or manager, administrator, or administrative receiver appointed over your undertaking or any part thereof, having a resolution passed or a petition presented to any court for your winding up, or for the granting of an administration order in respect of you, or commencing any proceedings relating to your insolvency or possible insolvency; or
6.2.2 You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade; or
6.2.3 You encumber or in any way charge any of the goods.
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. 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 through the "Contact Us" section of our website, providing 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 in the Shipping & 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 in accordance with conditions 8.4, 8.5, or 8.6, 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 condition 12 below).
7.4 Once you have notified the Supplier that you are canceling 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 computer software that has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1 All new goods supplied by the Supplier are warranted to be free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12-month warranty period, you should follow the Supplier’s Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will, at its option, either:
8.1.1 replace the goods, if the Supplier has the same goods available at the same price;
8.1.2 repair the goods; or
8.1.3 refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date the relevant goods are returned in accordance with the Supplier’s Returns procedure (see condition 12 below).
8.2 Wherever possible, previously used or owned goods (“Used Goods”) will be highlighted as such on the Supplier's website at the time you place your order. All Used Goods supplied by the Supplier are warranted to be free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90-day warranty period, you should follow the Supplier’s Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will, at its option, either:
8.2.1 replace the Used Goods, if the Supplier has the same Used Goods available at the same price;
8.2.2 repair the Used Goods; or
8.2.3 refund or re-credit you the sum you have paid for the relevant Used Goods within 30 days of the date the relevant Used Goods are returned in accordance with the Supplier’s Returns procedure (see condition 12 below).
8.3 The warranties in conditions 8.1 and 8.2 above do not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer’s or Supplier's instructions, or any alteration or repair carried out without the Supplier's prior written approval.
8.4 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing via the "Contact Us" section of the website within 7 working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1, 8.2, and 8.5.
8.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1 and 8.2.
8.6 If the goods supplied to you develop a defect while under warranty, or if you have any other complaint about the goods, you should notify the Supplier in writing via the "Contact Us" section of the website as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect, or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer, the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage results from your breach of any term of this contract.
9.2 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.
9.3 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:
9.3.1 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
9.3.2 any indirect or consequential losses, liabilities, or costs.
9.4 If you are a business customer, the aggregate liability of the Supplier (whether in contract, for negligence, breach of statutory duty, or otherwise) 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.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure. However, unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information provided by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
12. Returns
12.1 For all details of the Supplier's returns policy and procedures, please click the link below:
12.2 Please note that 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 for the return carriage has been made.
12.3 Any items that you return to us are at your own risk. Therefore, we strongly advise all our customers to take reasonable care when returning any items to us, such as ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
13. Governing Law and Jurisdiction
13.1 These terms of sale and the supply of the goods will be subject to Australian law, and the Australian courts will have jurisdiction in respect of any dispute arising from the contract.
14. Discount/Gift Vouchers
14.1 Discount coupons and vouchers are subject to minimum order values, unless otherwise stated.
COPYRIGHT
All content included on this site, as created by Cake Emergency, such as text and graphics, is the property of Cake Emergency and/or the included manufacturers/brands and is protected by Australian and international copyright laws. The compilation of all content on this site is protected by Australian and international copyright laws.
OUR CONTACT INFORMATION
Address: G15, 838 Collins Street, Docklands VIC 3008, Australia.
Tel: +61 475 614 775
General E-Mail Enquiries: info@cake-emergency.com.co
Customer Service/Payment E-Mail Enquiries: info@cake-emergency.com.co
