Last Updated: 29 May 2023

1. Overview

a) The Transmitt website, located at www.transmitt.co (Website), is owned, controlled and operated by Transmitt Pty Ltd (ABN 92 656 852 318) (Transmitt, we, our, and/or us).

b) As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.

c) If you do not agree with the Terms, you should stop using the Website.

d) Transmitt has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

2. Pricing & Ordering

a) Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change product and shipping pricing at our discretion and without notice.

b) Unless otherwise stated, all prices are in Australian Dollars. GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total for all shipments within Australia.

c) By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms.

d) While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant products and materials. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.

e) An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.

f) To purchase products via our Website, you must use a valid credit and debit card. We use third party payment processors, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment.

g) You acknowledge and agree you are responsible for any taxes and/or import duties payable in respect of an Order.

h) We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:

i. Promotions apply to full priced items only;
ii. only one discount code can be used in connection with an Order;
iii. discount codes cannot be used in conjunction with any other offer;
iv. discount codes are not transferable;
v. discount codes must be used by the date specified (where applicable);
vi. Promotions cannot apply retrospectively to previous Orders; and we may change or cancel any Promotion at any time and without notice within its sole discretion.

i) We can create custom products for you, which are not available to purchase via the Website. If you would like to place an Order for custom products, please email us at hello@transmitt.co.

3. Shipping & Delivery

a) We aim to process and ship Orders within the timeframe specified for the product listing on the Website (dependant on stock levels) of the Order being placed. We ask for your patience as this handling process may vary, for example, if we have a high volume of Orders. If you need your Order by a certain time, please email us at support@transmitt.co and we will do our very best to get it to you. In saying that, you acknowledge that we are not liable to you for any delay in dispatch of your Order.

b) When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.

c) We try our best to ship your Order within any timeframes we indicate to you. Any date or period of time given by us in relation to the processing and shipping of an order (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.

d) We ship within Australia and internationally.

e) All purchases are posted via DHL and other suitable delivery partners as determined by us from time to time, or via a courier nominated by you (at our discretion). You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.

f) Once an Order is dispatched, we will send you a confirmation email with tracking information.

g) We kindly request that you inspect all products on delivery to confirm they are what you ordered and do not have any faults or defects. If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact support@transmitt.co.

4. Title & Risk

a) Title in the product(s) comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us.

b) To the extent permitted by law, all risk of loss or damage to the product(s) passes to you when the Order is delivered to you at your nominated delivery address.

5. Australian Consumer Law

Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.

Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

6. Refund Policy For Change Of Mind

Subject to your rights under clause 5 above, we do not offer refunds for returns due to ‘change of mind’.

7. Returns Policy For Faults And Incorrect Products

a) Nothing in these Terms restricts, limits or excludes any rights you may have under the Australian Consumer Law or any other law.

b) We warrant that any products purchased on or through the Website will be free from defects in workmanship and materials for a period of 12 months (or such other period agree by us in writing) from the date of delivery of the products (Warranty Period). Additionally, we also provide an extended warranty of 3 years on non-electrical parts, such as shades, and other similar components. This extended warranty will be effective from the expiration of the initial 12-month Warranty Period , provided that you adhere to the care instructions and install the lights in a suitable environment.

c) If you believe any of the products purchased on or through the Website are faulty, defective, have a problem or are not what you ordered, please notify us by email at support@transmitt.co (this is referred to as a Fault Notice) with the following information:

i. customer name;
ii. date of purchase;
iii. order number;
iv. product(s) being returned;
v. reason for return;
vi. photos of any fault or defect (if applicable); and
vii. the outcome you request.

d) So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 7 days of the products being delivered to you.

e) Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:

i. where we agree there is an issue with your product, we will ask you to return the product to us and you will be entitled to receive a remedy listed below. Shipping to us is payable by you.; and
i. where we are unable to determine whether there is an issue with your product, we will ask you to return the product to us for further assessment. Shipping to us is payable by you.

f) Where a product is returned under clause 7 and the product is not the product ordered, you are entitled (at your election) to a replacement product to the same value or a full refund and we will pay for return shipping costs.

g) Where a product is returned under clause 7 and the product has:

i. a minor problem (as defined in the Australian Consumer Law), we will at our election, repair, replace or refund the products and pay for return shipping costs;
ii. a major problem (as defined in the Australian Consumer Law), we will at your election, repair, replace or refund the products and pay for return shipping costs;

8. User Accounts

a) We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website (including access to trade pricing and other trade only benefits) or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.

b) It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.

c) You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.

9. Personal Information

a) We are committed to the transparent management of your personal information.

b) So that we can fulfil your Orders, we will need to collect certain personal information from you.

c) We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

10. Product Disclaimers

Subject to clause 5, by purchasing any products from our Website, you agree and acknowledge that:

a) the products may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using our products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise;

b) we do not guarantee the availability of electrical components, globes and other parts comprising the Goods (Parts). Parts may go out of stock or otherwise be unavailable from time to time, and we will not be liable to you;

c) some of the products are handmade and individually finished. The materials and processes used to create such products means there may be slight variations in appearance (including colour, form and finish) of the products. Slight variations in appearance are to be expected and will not be accepted as defective or a reason for return;

d) colours and finishes of the products viewed on the Website are representative only and may vary from the actual products;

e) the products may age over time and change appearance; and

f) and the products must be cared for in accordance with the care instructions provided with them. You acknowledge you must follow the care instructions in order to properly care for and maintain the life of products purchased from us.

11. Intellectual Property

a) Transmitt is a trade mark of Transmitt Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.

b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).

c) While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.

d) If you send us photographs, imagery, footage, feedback or other content via the Website or otherwise, you grant us a non-exclusive, transferable, worldwide, perpetual licence to use such material.

12. Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

13. Limitation Of Liability

Subject to clause 5 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:

a) your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;

b) Transmitt does not make any representations, warranties or guarantees in relation to the supply of goods or services by Transmitt via the Website;

c) Transmitt hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website; and

d) Transmitt hereby disclaims all liability in connection with any Loss arising out of or in connect with any custom related delays or other delivery delays.

14. Indemnity

a) You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.

b) We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

c) Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

15. Governing Law

a) The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms.

b) If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

c) This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

16. Definitions

a) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

b) Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

c) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.