Terms of Service

1. OVERVIEW

This website is operated by HYX MOOWHIP INC., doing business as MooWhip (“MooWhip,” “we,” “us,” or “our”).

Our website, located at Moowhip.com, provides information, products, ordering services, shipping services, and, where available, local delivery services. By visiting our website, creating an account, submitting information, placing an order, purchasing a product, or using any part of our services, you agree to these Terms of Service (“Terms”).

If you do not agree to these Terms, you may not use our website or purchase products from us.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer our products and services.

2. AGE REQUIREMENT

You must be at least 21 years old to:

  • Create or use a customer account for purchasing products;

  • Place an order through our website;

  • Purchase, receive, accept delivery of, or take possession of any nitrous oxide product or other age-restricted product;

  • Submit an identification document for age verification; or

  • Purchase an age-restricted product for another person.

By using our purchasing services, you represent and warrant that you are at least 21 years old.

You may not purchase products for, transfer products to, or assist in obtaining products for anyone under 21 years of age. Parents, guardians, and other adults may not authorize a minor dependent to use the website to purchase or receive products.

We reserve the right to refuse or cancel any order when we reasonably believe that the purchaser or recipient is under 21, is purchasing on behalf of a minor, has provided inaccurate information, or is attempting to avoid our age-verification procedures.

3. IDENTITY AND AGE VERIFICATION

Orders may be subject to identity and age verification before payment is captured, before fulfillment, before shipment, and/or at the time of delivery.

We use Real ID, provided by Verdict, and may use other authorized service providers to verify government-issued identification documents and confirm that a customer is at least 21 years old.

Verification may include:

  • A government-issued driver’s license, state identification card, passport, or other accepted identification;

  • The purchaser’s name, date of birth, age, address, and identification-document information;

  • Images of the identification document;

  • A photograph, selfie, facial comparison, or liveness check;

  • Billing, shipping, phone, email, device, and order information; and

  • Automated authenticity, fraud, and identity-matching checks.

Submitting an identification document does not guarantee approval. We may require additional information or conduct a manual review.

We may reject, hold, cancel, or refund an order when:

  • Verification is incomplete or unsuccessful;

  • The identification appears altered, expired, fraudulent, or otherwise invalid;

  • The name or information does not reasonably match the order;

  • The customer refuses to complete verification;

  • The order presents indicators of fraud, diversion, resale, misuse, or a straw purchase; or

  • We are unable to legally ship or deliver the product to the requested destination.

Returning customers may not be required to repeat online verification each time. However, we may require re-verification following account, device, browser, network, payment, address, legal, security, or risk-related changes.

Age verification completed online does not eliminate the possibility of an additional identification check at delivery.

Our collection and handling of identification information is described in our Privacy Policy.

4. LEGITIMATE CULINARY USE ONLY

MooWhip nitrous oxide products are offered solely for legitimate culinary and food-preparation purposes, including use with compatible whipped-cream dispensers and culinary equipment.

Our products are not offered or intended for:

  • Direct inhalation;

  • Recreational use;

  • Intoxication;

  • Transfer into balloons or other inhalation devices;

  • Use with drug-related paraphernalia;

  • Any unlawful purpose; or

  • Any use inconsistent with the product instructions, warnings, or applicable law.

You may not use, advertise, resell, distribute, or provide our products for inhalation, intoxication, or any other unlawful purpose.

We may refuse service, restrict quantities, cancel orders, terminate accounts, or report conduct to appropriate authorities when we reasonably suspect unlawful use, diversion, resale, or misuse.

5. PRODUCT SAFETY

Nitrous oxide is a compressed gas. Improper handling may cause serious injury, cold burns, frostbite, pressure-related injury, oxygen displacement, unconsciousness, neurological injury, fire-related hazards, or death.

Customers must:

  • Read and follow all packaging labels, instructions, and warnings;

  • Use only compatible culinary equipment;

  • Keep cylinders secured and away from heat, flame, direct sunlight, and children;

  • Never tamper with, puncture, burn, refill, modify, or improperly dispose of a cylinder;

  • Never place any part of the body directly in front of a valve or gas outlet;

  • Use products only in adequately ventilated areas; and

  • Comply with all applicable storage, handling, recycling, and disposal requirements.

You are responsible for determining whether you have the knowledge, training, equipment, and legal authority needed to possess and use a product safely.

6. ORDER ACCEPTANCE

An order confirmation does not constitute final acceptance of an order.

We reserve the right to:

  • Accept or reject any order;

  • Limit quantities;

  • Require additional verification;

  • Correct pricing, inventory, description, or technical errors;

  • Place an order on hold;

  • Cancel an order before fulfillment; or

  • Restrict sales by customer, address, state, region, product, quantity, or other risk factor.

If we cancel an order after payment has been collected, we will issue an appropriate refund to the original payment method, subject to applicable law and our Refund Policy.

7. PRICES, PAYMENTS, AND TAXES

Prices are listed in U.S. dollars unless otherwise stated and may change without notice.

Applicable shipping charges, local-delivery fees, discounts, and taxes are displayed during checkout when available.

Sales tax is calculated based on applicable law, the product purchased, and the delivery destination. We do not charge a fixed nationwide or international tax rate.

You agree to provide accurate, current, and complete billing and payment information. We may cancel orders involving suspected payment fraud, unauthorized payment methods, chargeback abuse, or inaccurate billing information.

8. SHIPPING AND LOCAL DELIVERY

Shipping and local delivery are subject to our Shipping & Local Delivery Policy.

Age-restricted orders may require:

  • Successful online ID verification;

  • An adult signature;

  • Presentation of an unexpired government-issued photo ID at delivery; and

  • Confirmation that the person receiving the order is at least 21 years old.

Age-restricted products will not be knowingly delivered to:

  • Anyone under 21;

  • An unattended doorstep;

  • A P.O. box;

  • A parcel locker;

  • A neighbor who has not been properly verified;

  • A location where no verified adult recipient is present; or

  • Any location where delivery would violate applicable law or carrier requirements.

For local delivery, the purchaser or an adult recipient designated in the order must be physically present and must provide acceptable identification upon request.

If legal-age verification cannot be completed at delivery, the order may be returned, rescheduled, or canceled. Additional delivery or redelivery fees may apply.

Delivery dates and time windows are estimates and are not guaranteed.

9. SHIPPING AND BILLING INFORMATION

You agree to provide complete and accurate:

  • Legal name;

  • Billing address;

  • Physical delivery address;

  • Email address;

  • Phone number; and

  • Other information reasonably requested for verification or delivery.

We may require that the name, billing information, delivery information, and identification information reasonably match.

You are responsible for reviewing your information before submitting an order. Address changes may not be possible after processing or shipment begins.

10. RETURNS, REFUNDS, AND ORDER CHANGES

Returns, replacements, refunds, cancellations, and order modifications are governed by our Refund Policy.

Compressed-gas products, opened products, used products, products with broken seals, and products that cannot safely or legally be returned may be ineligible for return, except where required by law or where a verified product defect exists.

Our Policy on Lost Packages

We offer a one-time free replacement order if your package is lost for the first time.

If a package is reported missing again, we will assist you in locating it by contacting the carrier. We will then review the delivery evidence provided by the shipping carrier. If they confirm that the package was successfully delivered to the correct address provided, we will unfortunately be unable to issue a second replacement.

However, if the carrier confirms that the package was indeed lost or misdelivered by the courier, we will file a claim with them directly and make sure you receive appropriate compensation or a solution.

Contact us as soon as possible if you need to request an order change or cancellation. We cannot guarantee changes after fulfillment has begun.

11. ACCURACY OF INFORMATION

We attempt to display accurate product descriptions, photographs, specifications, availability, pricing, shipping information, and safety information.

However, information may occasionally contain errors, omissions, or outdated material. We reserve the right to correct errors and update information without prior notice.

Product appearance, packaging, labels, colors, and accessories may vary slightly from photographs, provided that the product remains substantially consistent with its description.

12. PROHIBITED USES

You may not use the website, products, or services:

  • For any unlawful, fraudulent, deceptive, abusive, or unauthorized purpose;

  • To purchase or receive age-restricted products while under 21;

  • To purchase for or transfer products to a person under 21;

  • To facilitate inhalation, intoxication, or recreational misuse;

  • To circumvent age, identity, payment, quantity, geographic, or security controls;

  • To submit false, stolen, altered, or unauthorized identification;

  • To impersonate another person;

  • To interfere with the website’s security or operation;

  • To transmit malicious software;

  • To collect information about other users without authorization;

  • To violate intellectual-property rights;

  • To harass, threaten, or abuse our staff, delivery personnel, contractors, or other customers; or

  • To violate any applicable federal, state, local, or other law.

Violation may result in immediate account termination, order cancellation, refusal of service, preservation of relevant records, and referral to appropriate authorities.

13. THIRD-PARTY SERVICES

We use third-party service providers, including Shopify, payment processors, shipping carriers, customer-support providers, analytics providers, fraud-prevention providers, and Real ID by Verdict.

Third-party services may be governed by their own terms and privacy policies. We are not responsible for third-party services to the extent permitted by law.

14. INTELLECTUAL PROPERTY

All website content, including text, graphics, logos, product names, designs, photographs, videos, recipes, branding, and other materials, is owned by or licensed to MooWhip and is protected by applicable intellectual-property laws.

You may not reproduce, modify, distribute, sell, exploit, or create derivative works from our content without prior written authorization.

15. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the website, services, and products are provided on an “as available” and “as is” basis, except for any express product warranty provided by us.

We do not warrant that the website will be uninterrupted, error-free, or free from harmful components.

Nothing in these Terms excludes warranties, rights, or remedies that cannot legally be excluded under applicable consumer-protection law.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, HYX MOOWHIP INC., MooWhip, and our officers, employees, contractors, affiliates, agents, service providers, and suppliers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the website or products.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability arising from fraud, intentional misconduct, or other liability that applicable law prohibits us from excluding.

17. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless HYX MOOWHIP INC., MooWhip, and our officers, employees, contractors, agents, and service providers from claims, losses, liabilities, and reasonable expenses arising from:

  • Your violation of these Terms;

  • Your unlawful or unauthorized use of a product;

  • Your transfer of a product to a minor;

  • Your misuse, resale, distribution, or improper storage of a product; or

  • Your violation of another person’s rights or applicable law.

18. TERMINATION

We may suspend or terminate access to our services, refuse future transactions, or cancel an account when we reasonably believe these Terms have been violated or when necessary to protect customers, our business, service providers, or the public.

Terms that by their nature should survive termination will remain effective.

19. SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

20. GOVERNING LAW AND VENUE

These Terms and any separate agreement through which we provide products or services are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Subject to any consumer right that cannot legally be waived, legal proceedings relating to these Terms or our services shall be brought in a state or federal court having jurisdiction in Queens County, New York.

21. CHANGES TO THESE TERMS

We may update these Terms to reflect changes in our products, practices, service providers, or legal obligations.

The revised Terms will be posted on this page with an updated effective date. Continued use of our services after an update constitutes acceptance of the revised Terms to the extent permitted by law.

22. CONTACT INFORMATION

Questions about these Terms may be sent to

Email: support@moowhip.com