TERMS AND CONDITIONS OF SALE

By placing an order with GW Design and Distribution LLC, you agree to the following terms:

The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.

0. Definitions and Interpretation

In these Terms and Conditions:

"GW Products USA" or "GW" means GW Design and Distribution LLC, its affiliates, successors, and assigns.

"Client" or "Buyer" means any individual, company, or other entity placing an Order with GW Products USA.

"Order" means any purchase request or confirmed sale of Products made by the Buyer and accepted by GW.

"Products" means all goods, merchandise, or items offered for sale or sold by GW Products USA, including culinary-grade nitrous oxide products and any related accessories or materials.

"Terms" or "Agreement" refers to these Terms and Conditions of Sale, including any amendments or updates thereto.

1. Acceptance of Orders

All orders are subject to acceptance. GW Products USA reserves the right to reject any order at its sole discretion.

2. Prices

All prices are listed in US Dollars (USD) and are exclusive of any applicable taxes, duties, or delivery charges unless otherwise stated.

Quoted prices are valid for 7 calendar days from the date of quotation.

3. Payment Terms

Unless otherwise agreed in writing, payment must be made in full prior to dispatch of goods.

· All payments must include the invoice number as a reference. Failure to do so may delay order processing or reconciliation.

· Accounts not settled by the due date are subject to a 2% monthly finance charge on the outstanding balance.

· A 3% credit card processing fee applies to all payments made by credit card.

· Any alternative payment arrangements must be explicitly authorized in writing by GW Products USA.

· If a payment is still outstanding more than sixty (60) days after the due payment date, GW Products reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.

4. Title and Risk

Risk in the goods transfers to the buyer upon delivery. Title remains with GW Products USA until full payment is received.

5. Returns and Claims

· Return claims must be initiated within 30 days of purchase.

· Goods must be returned in the same condition as provided at delivery.

· Claims for damage or quality issues must be submitted within this period to: info@gwproductsusa.com

Returns are subject to a return and restocking fee, based on the costs incurred.

Approved returns/refunds will be provided in store credit, unless otherwise authorized in writing.

5.1 RMA Authorization Required

All returns must be pre-approved by GW Products USA and accompanied by a valid Return Merchandise Authorization (RMA) number issued by our support team.

5.2 RMA Request Procedure

To request an RMA, please email info@gwproductsusa.com with the following:

· Original invoice number

· Product SKU(s) and quantity

· Reason for return (e.g., defect, shipping damage, incorrect item)

· Supporting photos (if applicable)

5.3 RMA Approval and Return Instructions

Upon approval, GW Products USA will issue an RMA number along with instructions for return shipment. Unauthorized returns may be rejected or incur additional fees.

5.4 Restocking Fees and Credits

· Approved returns are subject to inspection.

· A restocking fee may apply depending on the product type and condition.

· Approved returns will be refunded as store credit unless otherwise agreed in writing.

6. Force Majeure

GW Products USA shall not be liable for delays or failure to fulfill obligations due to circumstances beyond its control, including but not limited to natural disasters, labor disputes, transportation disruptions, or changes in government regulation.

7. Limitation of Liability

GW Products USA’s total liability under or in connection with any order, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Buyer for the specific goods giving rise to the claim. We shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, or business opportunities, even if advised of the possibility of such damages.

8. Governing Law

These Terms and Conditions are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. All disputes shall be subject to the exclusive jurisdiction of the courts located in Texas.

9. Culinary-Grade Nitrous Oxide Usage and Liability

This section applies to all purchases of culinary-grade nitrous oxide and Nicotine products

9.1 Purpose of Agreement

The Buyer certifies that these products are being purchased solely for legitimate culinary applications, such as whipped cream preparation or similar food-related use.

9.2 Buyer Certification and Acknowledgment

By completing a purchase, the Buyer affirms and warrants:

· Legal Age: Buyer is at least 21 years of age, or the minimum legal age required in their jurisdiction to purchase nitrous oxide.

· Legal Use: Buyer will use the product only for lawful culinary purposes.

· No Recreational Use: Buyer will not inhale or ingest the product for euphoric, psychoactive, or recreational purposes.

· No Redistribution to Minors: Buyer will not supply the product to any person under legal age or to anyone intending to misuse it.

· Legal Compliance: Buyer agrees to comply with all local, state, and federal laws relating to nitrous oxide use and distribution.

9.3 Waiver of Liability

By purchasing nitrous oxide products, the Buyer agrees to:

· Assume all risk associated with possession and use of the product.

· Release GW Products USA from liability for any injury, damage, death, or penalties resulting from misuse, abuse, or illegal distribution.

· Indemnify GW Products USA against all claims, damages, and costs (including legal fees) arising from improper use or handling.

9.4 Hazards of Misuse

Buyer acknowledges that misusing nitrous oxide (N₂O) or nicotine-containing products is dangerous, potentially life-threatening, and in many cases illegal. Buyer agrees to use all products solely for their intended legal purposes and in accordance with applicable local, state, and federal regulations.

Nitrous Oxide (N₂O)

Misuse of nitrous oxide can lead to serious health risks and criminal liability. Known risks include, but are not limited to:

Oxygen deprivation (hypoxia)
Loss of motor control or consciousness
Brain damage
Asphyxiation or death
Vitamin B12 deficiency and nerve damage
Hallucinations or psychiatric symptoms
Criminal prosecution under misuse laws

10. Nicotine Products

Buyer further acknowledges that nicotine is a highly addictive chemical regulated by the U.S. Food and Drug Administration (FDA), specifically through its Center for Tobacco Products (CTP). Misuse or improper storage or sale of nicotine products may result in health risks and legal consequences. Risks and required disclaimers include:

WARNING: This product contains nicotine. Nicotine is an addictive chemical.
Use by minors is strictly prohibited. Must be 21 years of age or older to purchase in accordance with federal law.
Not intended for use by pregnant or nursing individuals, people with heart conditions, or those sensitive to nicotine.
Improper use (e.g., ingestion, tampering, modifying devices, or using unauthorized liquids) may result in nicotine poisoning or other serious health consequences.
Compliance with all FDA regulations, including packaging, labeling, and marketing restrictions, is required by law. Buyer acknowledges that these regulations are dynamic and may evolve, requiring continuous adherence to current federal, state, and local laws (e.g., flavor bans, specific licensing requirements).
Criminal penalties may apply for unauthorized distribution, sale to minors, or resale in jurisdictions where restricted.
Buyer agrees to indemnify and hold harmless GW Products USA, its affiliates, and its officers from any liability arising from the misuse, illegal use, or unauthorized resale of any product.

Nitrous oxide is not a toy or recreational drug and must be handled responsibly.

11. Intellectual Property

All intellectual property rights in and to the Products, including but not limited to product designs, trademarks, trade dress, artwork, and brand names, remain the exclusive property of GW Design and Distribution LLC. Nothing in these Terms and Conditions shall be construed as transferring or granting any license to the Buyer with respect to such intellectual property, unless expressly stated in writing.

12. Termination

GW Products USA reserves the right to immediately terminate any order or agreement, or suspend delivery of Products, in the event the Buyer:

(a) fails to make payment by the due date;

(b) breaches any material term of these Terms and Conditions;

13. Export Compliance

“The Buyer agrees to comply with all applicable export control and trade sanctions laws. The Buyer shall not export, re-export, or transfer any Products purchased from GW Products USA in violation of such laws, including U.S. export control regulations.

14. Severability and Waiver

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No failure or delay by GW Products USA in enforcing any right or provision shall constitute a waiver of such right or provision.

15. Entire Agreement

These Terms and Conditions constitute the entire agreement between GW Products USA and the Buyer concerning the sale of Products, and supersede any prior discussions, communications, or representations. No amendment shall be valid unless made in writing and signed by both parties.