THERAPEUTIC GOODS ADMINISTRATION (TGA) SCHEDULE 6 POISONS

Cream Chargers Nitrous Oxide is classified by the Therapeutic Goods Administration (TGA) as a Schedule 6 Poison. Regulatory controls over all Schedule 6 poisons include:

• • Can only be supplied to people apparently aged 16 years and older (Penalty $30,000 fine)
  • An offence to supply in circumstances where the supplier could reasonably suspect the use of the poison will be in a way that could be expected to pose a serious threat to the health, safety and welfare of an individual or the public more broadly (Penalty $30,000 fine)
  • Provision for the issuing of a ‘compliance notice’ to impose restrictions on a supplier where a restriction is considered necessary to protect the health, safety and welfare of an individual or the public more broadly (Penalty for breaching a compliance notice is a fine of $30,000)
  • Must be stored out of reach of children in the retail setting (Penalty $45,000)
  • Must not be disposed of in a manner that constitutes, or is likely to constitute, a risk to public health or safety (Penalty of $45,000)

In accordance with the regulatory controls over all Schedule 6 Poisons, Gear’d Up Express will not sell Cream Chargers Nitrous Oxide to any person suspected to use Cream Chargers Nitrous Oxide in a way that could be expected to pose a serious threat to the health, safety and welfare of an individual or the public more broadly. By purchasing from our website, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not in a manner that may pose a serious threat to the health, safety and welfare of an individual or the public more broadly.

WESTERN AUSTRALIA (WA) CRIMINAL CODE ACT

WA Criminal Code Act which is relevant to the supply of Cream Chargers Nitrous Oxide in Western Australia. The WA Criminal Code Act Compilation Act 1913 can be accessed here.  206. Supplying intoxicant to person likely to abuse them  (1) In this section — intoxicant means a drug, or a volatile or other substance, capable of intoxicating a person, but does not include liquor as defined in the Liquor Control Act 1988; volatile substance means a substance that produces a vapour at room temperature. (2) A person who sells or supplies an intoxicant to another person in circumstances where the person knows, or where it is reasonable to suspect, that that or another person will use it to become intoxicated is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12,000. In accordance with the WA Criminal Code Act, Gear’d Up Express will not sell or supply Cream Chargers Nitrous Oxide to any person we suspect will use Cream Chargers Nitrous Oxide for intoxication. By purchasing from our website, the purchaser agrees to use Cream Chargers Nitrous Oxide as intended by the manufacturer, and not in a manner that may induce intoxication.

CONTROLLING TERMS

You confirm that you are at least 18 years old. You understand that the gas contained inside whipped cream chargers is Nitrous Oxide. By purchasing on this website, you “agree”, and 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 Gear’d Up Express is not liable for injuries or deaths caused to anyone, regardless of age, by the misuse of any products sold on our website. You agree that it is the responsibility of you, the purchaser, to ascertain and obey all applicable local, state, and federal laws regarding the possession and use of any product sold on this website. Gear’d Up Express assumes 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.

INDEMNITY

You agree to defend, indemnify, and hold harmless Gear’d Up Express from and against all claims, damages, costs, and expenses, including lawyer fees, arising from, or related to your purchase from Gear’d Up Express.

DRUG & ALCOHOL

We of course want you to have a good time. Who doesn’t. However, we hope you are partying in a sensible manner. If you feel like your partying is getting out of hand, please know there are many people who can help you. See below drug and alcohol numbers: