TERMS & CONDITIONS 
Read Carefully

Welcome to crememax. By accessing, browsing, or purchasing products from this website, you agree to be bound by these Terms and Conditions. Please read them carefully.

 

1. Acceptance of Terms
 

By accessing or using crememax www.crememax.com , you agree to comply with these Terms and Conditions ("Terms"). If you disagree, do not use the Website or purchase products. These Terms apply to all sales of catering gases (e.g., N₂O, CO₂, N₂ etc.) ("Products").

 

2. Eligibility
 

All products sold—especially nitrous oxide cylinders—are regulated and subject to federal, state, and local laws, including those governing hazardous materials and minimum purchase age. The legal age to purchase nitrous oxide varies by jurisdiction and may be 18 or 21. By placing an order, buyers affirm that they meet all applicable age and regulatory requirements in their state or locality. It is the buyer’s sole responsibility to ensure compliance with these laws. We reserve the right to request proof of age or business authorization where required.

 

3. Product Use & Restrictions
 

Intended Use: Products are sold exclusively for commercial catering/food preparation (e.g., beverage carbonation, whipped cream chargers).
 

Prohibited Uses:

• Any recreational or non-food-related use.

• Misuse, inhalation, or illegal activities (e.g., violating the FDA’s Food Additive regulations for N₂O).

• You assume all risks for improper use.

• Such misuse poses severe health risks (e.g., oxygen deprivation, brain damage, nerve damage, death) and is illegal in many jurisdictions.

Quality: All gases are certified food-grade quality, suitable for culinary and food preparation applications.

Safety Warnings: Compressed gases are inherently hazardous. Risks include oxygen displacement, explosion, and frostbite.

Buyer's Responsibility: Buyer assumes full responsibility for safe handling, storage, use, and disposal. Buyer must consult and adhere to Safety Data Sheets (SDS) for each product.

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4. Orders & Payment
 

Orders are binding once submitted. We reserve the right to refuse/cancel orders (e.g., suspicious activity, stock limitations). Payment must be completed via approved methods (credit card, PayPal, etc.). All prices are in USD and exclude shipping, taxes, duties, and other charges. Seller reserves the right to adjust prices due to raw material cost increases.

Payment: Full payment is required before dispatch. Late payments may incur interest.

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5. Shipping & Delivery
 

We ship products within the United States via common carriers (e.g., freight, LTL) to business addresses only (no P.O. boxes or residential delivery). We only ship to permitted U.S. addresses. Some states/counties may be restricted. All cylinders are shipped in compliance with U.S. Department of Transportation regulations for Class 2 (gases) hazardous materials. You are responsible for any special permits, licenses or paperwork needed for receipt of regulated products. If a shipment is refused or undeliverable through no fault of ours, you may be charged for shipping and the order may be cancelled. We make reasonable efforts to ship orders promptly, but delivery dates are estimates and delays beyond our control (e.g., carrier delays, weather, force majeure) do not constitute a breach of these Terms.
 

• Risk of Loss: Risk of loss or damage passes to you once the goods are delivered to the carrier. You must inspect goods upon receipt and notify the carrier and us immediately of any visible damage or loss.

• Title Retention: Legal title to the products remains with us until we receive full payment. If you resell or misuse the products before paying, we have the right to recover them.
  
   

6. Returns & Refunds & Cancellations
 

No Returns for Hazardous Materials: Due to safety regulations, hazardous materials, flammable liquids, gases, or gassed equipment are generally not accepted for return. Unauthorized returns will be refused.
 

Eligible Returns: New, unused, non-hazardous items in original packaging may be returned within 7 days and will be accepted only at the discretion of seller.

Refunds: Subject to credit card and/or restocking fees. Shipping costs are non-refundable.
 

Cancellations: Orders can only be cancelled if not yet shipped and may incur a processing fee.
 

Defective Products: Notify us within 24 hours of delivery for replacement/refund.

7. Disclaimers & Limitation of Liability

As Is" Sales: Products are sold "as is," and Seller disclaims all warranties (express or implied).
 

Liability Cap: Seller's maximum liability is limited to the purchase price of the products. Seller is not liable for indirect, consequential, punitive damages, misuse, improper storage, or unauthorized modifications of Products. Maximum liability = product purchase price.
 

Assumption of Risk: You acknowledge that handling compressed gases involves hazards. You assume all risk and liability for the proper use, storage and handling of the products and will ensure that your personnel and customers follow all safety guidelines. Use proper handling equipment and ventilation. You must notify and train anyone handling the cylinders about proper use. We are not liable for any injury or damage resulting from improper use or unauthorized modification of the products.

Compliance and Restrictions: You agree not to use our products for any illegal or unauthorized purpose. Sales of nitrous oxide for inhalation (recreational use) are prohibited, and you must attest that cylinder are used only for legitimate catering or industrial purposes. You will not sell or distribute the products into any market where such sale is restricted or illegal. You must comply with any export regulations (if shipping outside the US is involved; otherwise, shipping is US-only).

Miscellaneous Provisions: We may modify these Terms at any time by posting updated terms on our website. Continued use of the website or placement of an order constitutes acceptance of the new terms. These Terms constitute the entire agreement and supersede all prior discussions. If any provision of these Terms is held invalid, the remainder will remain in effect. These Terms are governed by the laws of the state in which our principal office is located (without regard to its conflict-of-law rules), and any dispute will be resolved in that jurisdiction.

8. Compliance with Laws

You agree to comply with all applicable laws, including:

• FDA regulations (if used in food contact).

• DOT/EPA requirements for storage/transport.

• State/local restrictions (e.g., California’s Proposition 65).

We may report suspicious orders to authorities.

9. Indemnification

Buyer agrees to indemnify and hold Seller harmless from any claims, damages, or expenses arising from Buyer's misuse, unauthorized use, negligence, or breach of these Terms.

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10. Governing Law & Disputes

Dispute Resolution: Any disputes will be resolved through binding arbitration, which is more cost-effective and time-efficient than litigation.

Governed by the laws of State of Texas, USA, without regard to conflict of laws.

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11. Termination of Services

Seller reserves the right to terminate or suspend Buyer's access to the website or cancel orders immediately, without notice, for any breach of these Terms, illegal activity, product misuse, or other reasons at Seller's sole discretion.

Upon termination, Buyer is prohibited from creating new accounts.

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12. Miscellaneous Provisions

Force Majeure: Seller is not liable for delays or failures caused by events beyond its reasonable control (e.g., natural disasters, war).

Severability: If any part of these Terms is found unenforceable, the rest remains valid.

Entire Agreement: These Terms constitute the entire agreement between Buyer and Seller.

Amendments: Seller may amend these Terms at any time by posting updates on the website.