Terms of service

Terms of Service

Effective Date: 1/09/2025

1. Agreement to Terms

By accessing or using www.blowy.com.au ("the Website"), purchasing products from Blowy, or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or purchase our products.

These Terms constitute a legally binding agreement between you and Infinite Three Pty Ltd (ABN: 25669478335) ("blowy", "we", "us", or "our"), the operator of blowy.com.au.

2. Eligibility

To use our Website and make purchases, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter binding contracts
  • Provide accurate, current, and complete information
  • Have a valid payment method
  • Not be prohibited from receiving products under Australian or New Zealand laws

3. Products and Services

Product Information

  • We strive to display products accurately, but cannot guarantee perfect color or appearance match
  • Product specifications are approximate and subject to manufacturer tolerances
  • No order quantity limits apply - order as many as you need
  • All prices are in Australian Dollars (AUD) unless otherwise stated
  • Prices include GST where applicable

Product Use

The blowy handheld blower is designed for:

  • Personal, household use only
  • Cleaning electronics, keyboards, and delicate equipment
  • Use as an alternative to compressed air

The product must NOT be used for:

  • Any illegal or harmful activities
  • Modification or tampering
  • Any use not recommended in the user manual

4. Ordering and Payment

Placing Orders

By placing an order, you:

  • Agree to pay the total amount displayed
  • Confirm all information provided is accurate
  • Acknowledge this constitutes an offer to purchase
  • Understand acceptance occurs when we process payment

Order Acceptance

We reserve the right to:

  • Refuse or cancel any order for any reason
  • Cancel orders with pricing errors
  • Verify information before processing
  • Request additional identification for security

Payment Methods

We accept:

  • All major credit cards (Visa, Mastercard, American Express)
  • All debit cards
  • Afterpay (buy now, pay later)
  • Additional payment methods as displayed at checkout

All transactions are:

  • Processed in Australian Dollars (AUD)
  • Secured with industry-standard encryption
  • Subject to approval by your payment provider

Pricing Errors

If we discover a pricing error:

  • We'll contact you before processing
  • You may cancel the order for full refund
  • We're not obligated to honor incorrect prices

5. Account Options

Guest Checkout

  • Purchase without creating an account
  • Order confirmation sent to provided email
  • Order can be tracked using order number and email

Account Registration

Creating an account provides:

  • Faster checkout for future orders
  • Order history access
  • Tracking for all shipments
  • Exclusive member offers (when available)

Account Responsibilities

If you create an account:

  • You're responsible for maintaining password confidentiality
  • You're liable for all activities under your account
  • You must notify us immediately of unauthorized use
  • We may suspend accounts suspected of violations
  • You must provide accurate, current information

6. Shipping and Delivery

Please refer to our separate Shipping Policy for detailed information about:

  • 1-2 business day processing times
  • 2-3 business day delivery (Australia)
  • Free shipping over $100
  • Full tracking on all orders

Risk of loss and title pass to you upon delivery to the carrier.

7. Returns and Refunds

Please refer to our separate Returns & Refunds Policy for information about:

  • 30-day change of mind returns (no restocking fee)
  • 3-year warranty coverage
  • Australian Consumer Law rights
  • Return procedures

8. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies your rights under the Australian Consumer Law (ACL) or New Zealand Consumer Guarantees Act. Our goods come with guarantees that cannot be excluded under Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9. Privacy and Data Protection

Your use of our Website and services is also governed by our Privacy Policy. By using our services, you consent to our collection and use of information as described in the Privacy Policy.

10. Intellectual Property

Our Property

All content on this Website including but not limited to:

  • Text, graphics, logos, images, videos
  • Product descriptions and specifications
  • Website design and compilation
  • Software and technical elements
  • The "blowy" name and branding

Is owned by or licensed to Infinite Three Pty Ltd and protected by copyright, trademark, and other intellectual property laws.

Your License

We grant you a limited, non-exclusive, non-transferable license to:

  • View and use the Website for personal purposes
  • Download or print content for personal, non-commercial use
  • Share product links with others

Restrictions

You must not:

  • Copy, modify, or distribute our content without permission
  • Use our trademarks or logos without authorization
  • Create derivative works from our content
  • Scrape or data mine our Website
  • Remove copyright or proprietary notices

11. User Conduct

When using our Website, you agree not to:

  • Violate any laws or regulations
  • Provide false or misleading information
  • Impersonate others or misrepresent affiliation
  • Interfere with Website operation or security
  • Transmit viruses or harmful code
  • Use automated systems without permission
  • Harass, abuse, or harm others
  • Engage in fraudulent activities
  • Attempt unauthorized access to any systems

12. Third-Party Links and Services

Our Website may contain:

  • Links to third-party websites
  • Third-party payment processors (Afterpay)
  • Social media integrations

We are not responsible for:

  • Content on linked websites
  • Privacy practices of third parties
  • Products or services offered by others
  • Any damages from using third-party sites

13. Disclaimers

Website Availability

  • We don't guarantee uninterrupted or error-free operation
  • We may modify or discontinue services without notice
  • We're not liable for downtime or technical issues
  • We reserve the right to perform maintenance as needed

Product Disclaimers

  • Products are provided with manufacturer specifications
  • We don't guarantee suitability for specific purposes beyond intended use
  • Results may vary based on use conditions
  • User assumes responsibility for proper use

14. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the purchase price of products
  • We're not liable for indirect, consequential, or punitive damages
  • We're not liable for lost profits or data
  • We're not liable for damages from product misuse

This limitation does not apply to liability that cannot be excluded under Australian Consumer Law.

15. Indemnification

You agree to indemnify and hold harmless Infinite Three Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your breach of these Terms
  • Your violation of laws or third-party rights
  • Your use or misuse of products
  • Your negligence or willful misconduct
  • Any content you submit or transmit

16. Termination

We may terminate or suspend your access immediately, without prior notice, for:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Abusive use of return policy
  • Any conduct harmful to our business

Upon termination, your right to use the Website ceases immediately.

17. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising from or relating to these Terms shall be subject to the laws of Australia and the jurisdiction of Australian courts.

18. Dispute Resolution

Our Commitment

We're committed to resolving disputes fairly and efficiently.

Resolution Process

If a dispute arises:

  1. Contact Us First: Email info@blowy.com.au with your concern
  2. Good Faith Discussion: We'll work together to resolve the issue within 14 days
  3. Mediation: If unresolved, either party may initiate mediation through:
    • Australian Commercial Disputes Centre (ACDC)
    • Or mutually agreed mediator
    • Costs shared equally
  4. Legal Action: Only after mediation attempts, parties may pursue legal remedies

Consumer Rights

This process doesn't limit your rights to:

  • Contact consumer protection agencies
  • File complaints with Fair Trading
  • Exercise rights under Australian Consumer Law

19. Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective when posted on the Website. We'll notify registered account holders of material changes via email. Your continued use after changes constitutes acceptance of modified Terms.

20. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

21. Entire Agreement

These Terms, along with our Privacy Policy, Shipping Policy, and Returns & Refunds Policy, constitute the entire agreement between you and Infinite Three Pty Ltd regarding the use of our Website and services.

22. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23. Contact Information

For questions about these Terms, please contact us:

Email: info@blowy.com.au
Business Name: Infinite Three Pty Ltd
ABN: 25669478335
ACN: 669 478 335
Address: 17 The Close, Helensvale, QLD, 4212, Australia

Response Time: Within 24 business hours

Last Updated: 1/09/2025