- TERMS & CONDITIONS
- RETURNS & EXCHANGES
- PRIVACY POLICY
- SHIPPING & DELIVERY
TERMS & CONDITIONS
This website is operated by VERB. Throughout the site, the terms “we”, “us” and “our” refer to VERB. VERB offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pacific Prizm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pacific Prizm and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVER ABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW Australia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Please contact us with questions about the Terms of Service.
RETURNS POLICY
If you wish to return an item because you have changed your mind about the purchase, VERB will offer you an exchange or credit voucher, provided that the following conditions are met:
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You return the item within 14 days of purchase
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The item(s) must be returned to VERB via registered post or courier, please advise us of the tracking number
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You provide a copy of the email receipt or paper receipt you received with the goods
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The item is in a resalable condition. This means the item is in its original packaging, including swing tags. In the case of shoes or boots the box must be in original condition
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The item has not been used or worn or opened. It must be in its original condition – Any sew-in labels are still attached
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The product is not one in which a change of mind return is not available (see below)
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Where an exchange is made due to customer change of mind you are required to pay for postage for the return of the item to VERB as well as the postage for the new item being sent to you. This also applies when ‘Free shipping’ is in place.
If these requirements are not satisfied, VERB reserves the right to NOT offer an exchange or credit voucher.
OTHER RETURNS
VERB will accept product returns and provide you with an exchange voucher, refund or repair where:
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You can show proof of purchase
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The product does not match the sample, photo, or online description
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The product is faulty. Faulty goods claims will be accepted for assessment by VERB then forwarded to the supplier within six months of the purchase date. Please note warranty claims can take 4-8 weeks to process.
VERB may elect to return the product to the manufacturers repair agent to determine the nature of the fault or problem. VERB reserves the right to not offer a repair, refund or exchange where the item fault is as a result of misuse or neglect. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. VERB has no control over manufacturer warranty periods, nor can we control repair periods and cannot advise what they will be. We will however do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, VERB cannot be held accountable for repair periods or communication from the manufacturer. Each manufacturer may have different warranty periods or service standards for faulty items, we have no control over the repairs or assessment process for warranty issues. In most cases, products returned in used condition will be repaired instead of replaced and will not be refunded unless repair is impossible. Any items returned outside of the warranty period will generally incur a charge for the repair.
VERB reserves the right to assess the condition and age of the returned goods prior to providing a repair, exchange or refund. This may result in repair, exchange or refund being refused.
Please note: Refunds will be issued using your original payment method.
Refunded Products For Other Reasons:
VERB may refund any purchased items and not ship orders for any of the following reasons:
– Orders outside Australia that we cannot fulfil due to manufacturer not permitting overseas sales on particular items.
– Items purchased at an Incorrect pricing due to error within the store or errors caused during upload link from store POS to website.
Gift cards not redeemable for cash.
PRIVACY POLICY
VERB is committed to protecting the privacy of everyone who shops or interacts with us, and this policy sets out our commitment to you on privacy.
VERB abides by the Australian Privacy Principals (APP) contained in the Australian Privacy Act 1988, the Australian Privacy Principals 2014 and the Privacy Principals contained in the New Zealand Privacy Act 1993.
VERB may collect personal information about you in store, online through our website www.verbvision.com.au and using our VERBVISION social media accounts, apps and pages. By providing your personal information to VERB and by using our website, you are consenting to VERB collecting your personal information and using it in accordance with this privacy policy.
Collecting personal information
VERB may collect personal information from you including your name, address, phone and other contact details, occupation, email address, merchandise information, and method of payment. VERB may also collect transaction information relating to your purchases with VERB and your preferences.
VERB collects personal information in the normal course of providing services to you. These services include:
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Providing information in store;
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Processing online purchases and payments;
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Registering an online VERB account;
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When you contact VERB customer service;
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Processing credit card purchases;
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Purchases and arranging product holds;
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Using VERB social media accounts, pages and apps;
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Processing gift cards purchases;
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Entering VERB online and in store competitions;
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Using of social media accounts, apps and pages and log-ins (which may be hosted by third parties);
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Recording customer accident details; and
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Processing cash refunds.
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Signing up to receive VERB email marketing communication
VERB may also collect personal information for recruitment and employment purposes, for trade references or other contractual arrangements.
Why do we collect your personal information?
We collect personal information as detailed above, which we may later use to customise our services, to provide relevant consumer information and to provide marketing and re-marketing communications across VERB sites, properties, stores and marketing channels.
Use of your personal information
In most circumstances personal information will be collected directly from you. VERB may use your personal information to keep you up to date with VERB’s product ranges, specials, promotions and offers that you may be interested in including for direct marketing. Specifically, you authorise VERB to contact you regarding your purchase and use of our online store.
Any information collected is safely and securely stored and only used for the purposes for which it was collected. We restrict access to your personal information, maintain technology products to prevent unauthorised computer access and use SSL (secure sockets layer) encryption technology when processing your financial details at our online store. The majority of personal information collected is stored within Australia, however third parties that we contract with may host this data in a cloud based system or in America.
VERB does not sell or trade any personal information collected. However, we may share some of the personal information we collect with our related corporations and service providers, contractors who help us provide services, and/or trading partners. We often need to share your information with companies who perform parts of our service delivery. This may include:
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Service providers e.g. IT services, mailing services, remarketing platforms, data analysis;
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Companies assisting VERB with marketing and competitions;
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Regulatory authorities;
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Professional advisors; and
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Any other third party required by law.
Where we share your information, VERB will ensure that these third parties protect your privacy in accordance with the Australian Privacy Principles.
VERB may also publish some of your personal information on our website or social media pages where you have entered a competition or promotion run by VERB.
Unsolicited information
VERB may in turn receive unsolicited personal information about you from third parties or from you directly. For example, unsolicited information may come into our possession during the course of dealing with customer complaints or general enquiries. If it is clear to us that we should not have collected that information, VERB will destroy or de-identify that information, provided it is lawful and reasonable to do so.
Email marketing communications
If you have registered to receive email marketing communications from VERB we reserve the right to contact you in regards to VERB. You can opt-out of receiving email marketing communications at any time. To unsubscribe, simply sign into your account and untick the ‘Manage Your Subscriptions’ box or click to unsubscribe from the bottom of any of our email marketing communications.
Linking to Third-Party Websites
When you click on links and banners on our site that take you to third-party websites, you will be subject to that third-party’s privacy policies. While we support the protection of privacy on the Internet, VERB is not responsible for the actions of any third-party web sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by us.
Cookies
Our websites use “cookies” – small data files that are stored on your computer when you visit a website. Cookies enable you to shop on our website and may be used in a variety of ways to enhance or personalise your online browsing and shopping experience. Cookies may eliminate the need to repeatedly enter the same information, enabling us to improve the content, reliability and functionality of our websites, evaluate the effectiveness of advertising on our websites, and track website usage patterns. Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. You may experience a loss of functionality as a result of configuring your web browser not to accept cookies.
Online Ordering security
VERB adheres to credit card and personal information being kept secure at all times. Therefore, to help ensure that your shopping experience is safe and secure VERB uses EV Secure Socket Layer (SSL) technology. Extended Validation SSL Certificates give high-security Web browsers information to clearly identify a Web site organisational identity. This encrypts all the information you send across to us including your credit card details. All pages that require you to enter your personal information or payment details on our site have the Extended Validation Standard, which will cause the URL address bar to turn green in your browser; this verifies the authenticity of our online security.
VERB may update its privacy policy from time to time without notice in line with customer expectations and legislative changes, and an updated policy will be posted on VERB’s website.
Complaints
If you have any queries or concerns regarding VERBS’s Privacy Policy or wish to access or correct your personal information, please contact our customer service team on +61404846718 for all Australian residents Monday – Friday (9am – 5pm AEST).
If you wish not to receive any communications or marketing from VERB, please use the unsubscribe button or contact the customer service team above.
Right of access
You have the right to review, amend or delete personal information that may be held by VERB by making a request to our customer service team. We will take all reasonable steps to comply with the request, except where it is required for legal reasons.
More information about privacy law is available from the Office of the Privacy Commissioner at www.privacy.gov.au
SHIPPING & DELIVERY
We know you want your goods as soon as possible, We will endeavour to get your order out at soon as possible, sometimes delays may occur as products may be in our offsite warehouse or your order is placed after our cut of times.
Regular orders placed before 1:00pm AEST, less than 1 metre in length will be shipped via standard Australia Parcel Post.
Australia wide parcel post shipping times are 3 or more business days.
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This service may exceed recommended times when shipping to regional areas.
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Delivery dates may vary due to weekends, public holidays, sale days or unexpected schedule disruptions.
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VERB holds no responsibility for the period of time it takes for your parcel to reach you once it has left our building.
FAST DELIVERY SHIPPING
Express shipping for items on our website is available on selected products online or via over the phone service.
If you wish to receive faster shipping options please contact us on +61404846718 and we will provide you with a quote for Express costs and process your payment over the phone.
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VERB is located in Wollongong N.S.W. We are outside metro area and next day delivery is not guaranteed
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Delivery to states including Western Australia, Northern Territory, Tasmania etc may still take 5 or more business days.
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VERB does not guarantee you will receive your parcel on the prescribed day of estimated delivery and hold no responsibility if your item does not reach you in time and do not offer refunds for express shipping.
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If you are flying overseas and need an item as soon as possible please allow yourself with adequate time to receive your parcel.
Large items over 1 metre will be shipped via courier.
Express shipping is available for these items however can be very costly. Please call us for a quote with your postcode and state.
AUSTRALIA POST TERMS AND CONDITIONS:
Items greater than 1 metre in length, will be shipped courier service to the provided address. If you may not be home at time of delivery, providing a business address may be more beneficial. If you are not present to accept your delivery, a card will be left to advise where your parcel can be collected.
Returns and Exchanges
For returns and exchanges please see our returns policy page to see if your criteria for returns or exchanges has been met.