top of page
Terms & Conditions
Terms & Conditions - the basics
5
These Terms contain important legal provisions, including:
-
liability exclusions and limitations;
-
an indemnity in our favour;
-
class-action and jury-trial waivers (to the extent permitted by law); and
-
a mandatory arbitration clause for most disputes.
They also contain critical safety and legal warnings about nitrous oxide. Misuse, including inhalation, can cause serious injury, permanent disability or death.
For clarity:
-
We sell sealed, food-grade nitrous oxide cream chargers and related equipment for lawful culinary use only (e.g. whipping cream in approved dispensers).
-
We do not sell or supply nitrous oxide for inhalation, “getting high” or any other form of human consumption.
-
We use the words “nangs” and “Nangs Delivery” on this Site because they are common slang terms customers use to search for cream chargers online. Our use of those words is for branding and SEO only and must not be interpreted as promoting or supplying nitrous oxide for recreational or abusive use.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded. Where any term would do so, it is to that extent read down or severed so that your non-excludable statutory rights remain unaffected.
If you do not agree to be bound by these Terms in full, do not use the Site or place an order.
1. Definitions
In these Terms, unless the context requires otherwise:
“ACL” means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Agreement”, “Terms” means these Terms & Conditions of Use & Sale, as amended from time to time.
“Business Hours” means 8:00am to 9:00pm local time (Brisbane), unless otherwise posted on the Site.
“Culinary Use” means the lawful preparation, aeration or dispensing of food or beverages using approved equipment in accordance with manufacturer instructions and all applicable laws. Culinary Use expressly excludes inhalation, ingestion or any other form of human consumption of nitrous oxide.
“Customer”, “you”, “your” means the individual accessing the Site, placing an order or otherwise dealing with us.
“Driver” means an independent contractor engaged under a Delivery Services Agreement to collect Goods from our dispatch location and deliver them to you. Drivers carry their own motor-vehicle, public-liability and goods-in-transit insurance and indemnify the Company for their acts and omissions.
“Force Majeure Event” means any event beyond our reasonable control, including severe weather, flood, fire, pandemic, strike, riot, government action, law-enforcement operation, road closure, major traffic accident or telecommunications failure.
“Goods” means nitrous oxide cream chargers/cylinders, whipped-cream dispensers and any related or ancillary items advertised on, or supplied via, the Site, in each case supplied solely for Culinary Use.
“Nangs”, “nang”, “nang delivery” and similar expressions are informal slang used in Australia to refer to small nitrous oxide cream chargers/cylinders. On the Site and in our marketing, these terms are used only as convenient shorthand for nitrous oxide cream chargers supplied for lawful Culinary Use. They do not mean, and must not be taken to mean, that the Goods are intended for inhalation, “getting high” or any other form of human consumption.
“Non-Excludable Rights” means any rights, remedies, guarantees or warranties you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
“Service Area” means the Brisbane metropolitan area and nearby suburbs as shown on our coverage map or otherwise confirmed at checkout.
“Site” means the NangsDelivery.com website, its subdomains, mobile applications and any communication channel we use, including SMS, telephone, WhatsApp and social-media accounts.
2. Acceptance of Terms
By accessing, browsing, communicating through or placing an order via the Site, you confirm that you:
-
have read and understood these Terms; and
-
agree to be legally bound by them in full.
If you do not accept each provision of these Terms, you must immediately stop using the Site and must not place an order.
3. Eligibility, Age & Lawful Purpose
3.1 Minimum age & capacity
By using the Site or ordering Goods you warrant that:
-
you are at least 18 years of age (or the legal age of majority in your jurisdiction, whichever is higher); and
-
you have full legal capacity to enter into this Agreement.
3.2 Lawful purpose only
The Goods are supplied solely for Culinary Use and for no other purpose.
You acknowledge it is an offence to supply nitrous oxide for human consumption and that nitrous oxide may be regulated under various laws.
By placing an order you warrant that you are not acquiring the Goods:
-
for inhalation or any other form of human consumption;
-
for supply to any person you know or reasonably suspect intends to inhale or otherwise consume nitrous oxide; or
-
in circumstances that would breach any applicable law.
3.3 Identity & age verification
We may require you (or any person accepting delivery) to provide government-issued photo identification and/or proof of age and address before completing any sale or delivery.
We may refuse to hand over Goods or may cancel an order where:
-
satisfactory identification is not produced;
-
details on the identification do not reasonably match the order; or
-
we reasonably suspect that the Goods will be misused or supplied to a minor.
To the extent permitted by law, you are not entitled to any refund where we refuse delivery for the reasons above, except as required under your Non-Excludable Rights.
3.4 Right to refuse service
We may, at any time and in our sole discretion (acting reasonably and subject to the ACL), refuse, cancel, suspend or restrict service or delivery to any person or address where we reasonably suspect misuse, unsafe behaviour, fraud or breach of these Terms.
3.5 Brisbane service area only
We accept orders and deliver Goods only within the Service Area. If you submit an order for delivery outside the Service Area, we may cancel the order and refund any amounts paid (less any non-refundable merchant or processing fees), subject to your Non-Excludable Rights.
4. Product Use, Safety & Misuse
4.1 Intended use only
The Goods are intended only for Culinary Use in accordance with manufacturer instructions and all applicable laws and regulations.
Misuse of nitrous oxide—including inhalation, use with balloons or masks, or any other form of human consumption—can cause serious injury, permanent disability or death.
4.2 Customer warranties
By ordering, you expressly warrant that you will:
-
not inhale nitrous oxide, nor encourage, assist or permit any other person to inhale or otherwise consume it;
-
not sell, supply or make Goods available to any person under 18;
-
store cylinders upright, below 50°C, out of reach of children/unauthorised persons, and away from heat/sparks/flames/sunlight;
-
use only approved, compatible dispensers and follow all safety instructions; and
-
comply at all times with all laws that apply to purchase, storage, transport, use and resale of nitrous oxide.
4.3 Release & assumption of risk (subject to Non-Excludable Rights)
You acknowledge the inherent risks associated with handling compressed-gas cylinders. To the maximum extent permitted by law, and without limiting your Non-Excludable Rights, you release and hold us harmless from claims arising out of misuse, failure to follow safety instructions, unsafe storage/handling/transport after delivery, or your breach of these Terms or applicable law.
4.4 No medical or legal advice
Content on the Site is general information only and is not medical, toxicology or legal advice.
5. Orders & Processing
5.1 Instant processing
Orders placed via the Site are usually processed and allocated to an available Driver immediately. Once a Driver is assigned, orders generally cannot be modified.
5.2 Offer & acceptance
Your order is an offer to purchase Goods on these Terms. Our acceptance occurs when we send an order-confirmation message or dispatch the Goods (whichever happens first).
5.3 Cancellation by you
You may request to cancel or modify an order only before a Driver is assigned. Once a Driver status shows “On the way”, “Out for delivery” or similar, the order becomes non-cancellable and we may charge/retain a A$25 (GST incl.) delivery fee if you refuse delivery or are unavailable, subject to your Non-Excludable Rights.
5.4 Cancellation by us
We may cancel an order where we reasonably suspect fraud/misuse/unlawful purpose/supply to a minor, cannot verify identity, there is a Force Majeure Event, there is a stock/pricing error, or the order would breach any law. Your contractual remedy is a refund of amounts paid for undelivered Goods, without limiting ACL rights.
5.5 Payment processing fees
Where allowed by law, we may deduct non-refundable merchant/payment processing fees charged by your payment provider.
6. Pricing, Taxes & Payment
All prices are in AUD and include GST unless stated otherwise. By placing an order, you authorise us (and payment processors) to charge your payment method for the Goods, delivery fees, and any disclosed surcharges.
7. Delivery Service (Brisbane)
7.1 Coverage
We provide same-day and rapid delivery within the Brisbane metro Service Area shown on our coverage map.
7.2 ETA & time not of the essence
Any ETA (including “20 minutes”) is an estimate only, not a guarantee. Delays may occur due to traffic, weather, major events, or distance. Time is not of the essence except where required by your Non-Excludable Rights.
7.3 Independent Drivers & risk in transit
Deliveries may be fulfilled by independent contractor Drivers. Subject to your Non-Excludable Rights, risk of loss or damage passes to you once Goods are handed to the Driver for delivery to your nominated address.
7.4 Authority to Leave (ATL)
Orders may be treated as Authority to Leave by default unless you request signature delivery before checkout (fees may apply). After delivery/ATL, you are responsible for loss/theft, subject to your Non-Excludable Rights.
7.5 Incorrect or changed address
Incorrect details or address changes after dispatch may incur a A$25 rerouting fee plus distance/tolls.
7.6 Delivery failure
If delivery fails due to incorrect details, refusal, or unavailability, we may refund amounts paid less delivery/processing/restocking fees (where permitted), subject always to your Non-Excludable Rights.
7.7 Damage in transit
Transit damage claims must be lodged within 30 minutes of recorded delivery time and include clear photographic evidence. Remedy is replacement or refund for affected Goods, without limiting your Non-Excludable Rights.
8–14. (Returns, Prohibited Conduct, Liability, Indemnity, Third-Party Services, Force Majeure)
(These sections can remain largely the same as your original text, but remove any state-by-state summaries and any references to multiple states/metros. If you want, I can convert sections 8–14 into a Brisbane-only clean version too.)
15. Dispute Resolution, Class Action Waiver & Arbitration
15.1 Good-faith negotiation
Contact us at with full details and allow 10 Business Days to respond.
15.2 Class-action waiver
To the fullest extent permitted by law, disputes must be pursued individually and not as a class/collective action (unless a court finds this unenforceable, in which case it is severed to that extent).
15.3 Arbitration (Brisbane)
If not resolved, disputes must be submitted to confidential arbitration before a single arbitrator in Brisbane, Queensland, under the ACICA Expedited Arbitration Rules in force when arbitration commences. The arbitrator’s decision is final and binding except to the extent allowed by law.
15.4 Exceptions
Nothing prevents complaints to regulators or claims in a small-claims tribunal where that cannot lawfully be excluded, or us seeking urgent injunctive relief for safety or IP issues.
16. Governing Law & Jurisdiction
This Agreement is governed by the laws of Queensland, Australia. Subject to the arbitration clause, you submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that hear appeals from them.
17–18. Changes, Severability & Entire Agreement
(Can remain as-is, with no other-state references.)
19. Contact Details
nangsdeliveryipswich.com.au
20. Marketing Statement (Brisbane)
Nangs Delivery | Nangs Delivery Brisbane
We use the term “nangs” on this Site because it is common slang many people use to search for nitrous oxide cream chargers. When we say “nangs”, we mean food-grade nitrous oxide cream chargers for lawful Culinary Use only. We do not encourage, promote or condone inhalation or any misuse of nitrous oxide. Delivery times are estimates only.
bottom of page