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Terms of Use
Effective Date: July 30, 2020
Site Access
By accessing this website (the “Site”), you agree to be bound by these Terms of Use, as well as any additional terms appearing at applicable sections of this Site and all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. Our Privacy Policy, SMS/MMS Terms of Services, and Refer-a-Friend Terms and Conditions are part of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. Vera Bradley Designs, Inc. ("Vera Bradley") reserves the right to modify these Terms of Use at any time and will post such changes here. By continuing to use this Site after Vera Bradley posts any such changes, you agree to be bound by the modified terms. If you do not agree to any change, you must immediately stop using and accessing the Site. Please review the Terms of Use regularly for updates and changes.
The "Last Updated" date, as stated above, indicates the last time the agreement was materially modified. Checking the date above allows you to determine whether there have been material modifications since the last time you reviewed the Terms of Use.
Copyright Notice
All copyrights in this site are owned by Vera Bradley. All rights reserved. You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by Vera Bradley or some third party who licensed to Vera Bradley the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with the prior written approval of Vera Bradley.
Vera Bradley grants you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing Vera Bradley's services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
Vera Bradley makes no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.
Trademarks
"Vera Bradley," "Vera Bradley Designs, Inc.," its other brand names and its logos are trademarks of Vera Bradley. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without the prior written permission of Vera Bradley. The use or misuse of any of these marks or other information is strictly prohibited.
Limitation of Warranty and Damages
The information on the Site is provided "as is" and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. Vera Bradley makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this Site. Vera Bradley makes no warranty that the Site will be available, uninterrupted, error-free, or free of viruses or other harmful components. Vera Bradley further makes no warranty that you will achieve successful results from following any instructions or directions on the Site.
The foregoing also applies to any information in any website hyperlinked to this Site. Such links are provided for your reference only. Vera Bradley does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.
In no event will Vera Bradley be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the Site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Vera Bradley, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Products
The products on the Site are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Vera Bradley, there are inaccuracies in the presentation on the Site, Vera Bradley shall in no event incur any liability therefor. Vera Bradley does not warrant that item descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition for a refund.
Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site.
Return & Cancellation Policy
For all returns and cancellations, please see our Return & Cancellation Policy, which is incorporated into these Terms of Use.
Prices
Prices are firm and final. They are expressed in US dollars. All taxes are included in the summary of the order. Vera Bradley reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the Site, but items ordered are invoiced at the price in effect on the day of the order. Despite our best efforts, a small number of the items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Vera Bradley reserves the right to limit quantities. All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you. The amount of shipping cost is calculated as a function of the destination and the actual weight or volume of the order in accordance with the methods defined by the shipper chosen by Vera Bradley. We encourage you to print and maintain a copy of your purchase order for your records.
Payment, expressed in US Dollars, shall be made exclusively online through the Site via MasterCard, Visa, American Express, PayPal or Vera Bradley Gift Cards.
Vera Bradley does NOT charge your credit card until after your order has entered the shipping process.
Order
A guided search allows you to find a selection of items from Vera Bradley 's collection on the Site and then to make your choice from this selection in order to place your order. Your order is carried out in three steps:
The first step consists of approval, by you, of the articles chosen for your order.
Vera Bradley checks that the items proposed at the time of the order are actually available; in addition, to avoid two simultaneous orders for the same item, Vera Bradley verifies, at the time of the approval of the order, the precise availability of the items chosen and sets them aside.
The second step consists of your entry of the necessary pieces of identification and other information required for the execution of the order, namely, in particular, the following items: name, complete delivery address, payment information and billing address.
To that end, you may create an 'account' identified by your e-mail address and a password chosen by you, or you may check out as a guest, without creating an account. If you have already ordered from the Site and created an account, these pieces of identification and other information will have been saved; you will then need to call up your account (by inputting your e-mail address and password); once connected to your account, you may, if necessary, modify any information.
The third step consists of the final approval of the order. You are presented with a summary of the order, valid and binding as a purchase order, including all items selected, delivery, payment information and billing addresses, the total amount of the said items, taxes, and shipping and handling costs.
At this point, you will verify the summary of the order and make, if desired, any modifications to it. After such modifications, you will be presented with a new summary of the order so modified. Any order whether modified or not must receive final approval on the part of the customer, based on the summary described. This action is accomplished by clicking on the 'confirm' button.
This click constitutes an electronic signature that has, between the parties, the same validity as a handwritten name. Vera Bradley commits to preparing the order in the shortest possible time. You will be advised of the shipment of the order via e-mail.
To properly serve all customers, Vera Bradley reserves the right to limit quantities of any item(s) purchased. Vera Bradley further reserves the right to cancel any order or multiple orders for any reason and will not charge customer if the order is cancelled. Commercial use of the Vera Bradley Site is expressly prohibited. Vera Bradley reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Shipment
Items may be delivered by UPS or USPS. Any delivery times provided on the Site are estimates only. Exceeding these times shall in no event be held against Vera Bradley or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interest. The risk of loss and title for such items pass to you upon Vera Bradley's delivery to the shipper. Items are always shipped at the risk of the customer, who must check their good condition at delivery. Any problem concerning delivery (damaged parcels, items missing from the Vera Bradley invoice accompanying them, etc.) must be brought to the attention of Vera Bradley within a reasonable time by contacting Vera Bradley via email, phone, or standard US mail. See necessary contact information at the end of these Terms of Use.
Submitted Information
If you submit information to us or post information or materials to the Site, excluding financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, video or other media materials, concepts or other information (collectively, the "Submitted Information"), you are giving the Submitted Information to Vera Bradley free of charge, and the Submitted Information will be treated as non-confidential and non-proprietary and may be used by Vera Bradley for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the Site, on a public forum, or in any other manner. Submitted Information may be readily viewed by Vera Bradley and the general public.
You grant Vera Bradley a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant Vera Bradley and our sub-licensees the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information.
If you believe that any Submitted Information has been used on the Site in a manner that violates an intellectual property right or other proprietary right, please contact us at customercare@verabradley.com. You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity. You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Vera Bradley Site or any connected network, or otherwise interferes with any person's or entity's use or enjoyment of the Vera Bradley Site. You further agree to defend and indemnify Vera Bradley for any breach of this agreement.
Vera Bradley does not endorse opinions submitted to our public forums. In addition, the public forums are for noncommercial use. You agree not to use any public forum for commercial solicitations or advertising or to promote websites or entities that are competitive with Vera Bradley. While we may not review, monitor, filter or edit every message posted by our visitors, we reserve the right to edit or delete messages in our sole discretion.
We may from time to time expressly request submissions of concepts, stories, or other content from you for various Site features including contests and promotions. You understand and agree that you will read any specific rules or other terms and conditions which relate to such features and which govern those submissions. Such rules and/or other terms and conditions shall be incorporated into these Terms of Use.
Through your usage of the Site, you may submit and/or Vera Bradley may gather and track your page views, how you came to visit the site, and length of time viewing pages. Vera Bradley is free to use such information for internal studies and analysis.
If you are a copyright owner and believe infringing use of your content is on our Service, or you are a User that has received notice that you have posted allegedly copyright infringing content on our Service, please see below:
a. DMCA Notice. Vera Bradley asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Vera Bradley’s sole discretion, Vera Bradley may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Vera Bradley has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
b. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
(iv) your full name, address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Vera Bradley will only respond to DMCA Notices that it receives by mail or email at the addresses below:
Vera Bradley Customer Service DMCA Notices
12420 Stonebridge Road
Roanoke, IN 46783
Or customercare@verabradley.com or (888) 855-8372.
It is often difficult to determine if your copyright has been infringed. Vera Bradley may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Vera Bradley may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Vera Bradley’s other rights, Vera Bradley may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Vera Bradley.
c. Counter-Notification. If access on the Service to a work that you submitted to Vera Bradley is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, email address, and the username of your Account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
(d) your full name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion, as permitted by applicable law. Any user of the Service that fails to respond satisfactorily to Vera Bradley with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
Registration and Online Store
To obtain full access to the Site, you may be required to complete a registration. It is a condition to your use of this Site that all information you provide be correct, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password as such use will be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is strictly prohibited.
This Site may also feature online shopping and paid memberships. You must be 18 years of age or older to participate in such activities. By ordering a product or service on the Vera Bradley Site, you represent that you are 18 years of age or older.
Third-Party Services and Advertisements; Dealings with Third Parties; Third-Party Content and Sites; Advertisements
The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to or from third-party websites or other services that are not owned, controlled or operated by Vera Bradley, including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Vera Bradley (collectively, “Third-Party Services”). We may also host our content, apps, and tools on Third-Party Services. Vera Bradley may have no or limited control over the content, operations, policies, terms, or other elements of Third-Party Services, and does not assume any obligation to review them. Vera Bradley does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Vera Bradley is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services.
AS PERMITTED BY APPLICABLE LAW, Vera Bradley WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN, OR OTHERWISE ARISING OUT OF THE USE OF, THESE THIRD-PARTY SERVICES.
Any activities you engage in connection with Third-Party Services are subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities.
Terms applicable for Apple IOS and Other Platforms and Devices. If you are accessing or using the Service through Apple, Android, or other third party platforms or services, those Third-Party Services’ own terms and policies apply to such access and usage.
Dealings with Third Parties. Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). As permitted by applicable law, Vera Bradley disclaims all liability in connection therewith.
Termination of This Agreement
Vera Bradley may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.
Dispute Resolution
GOVERNING LAW; JURISDICTION; DISPUTES. YOU AGREE THAT ALL DISPUTES, ACTIONS, AND CLAIMS RELATING TO OUR COLLECTION, USE, OR SHARING OF YOUR PERSONAL INFORMATION AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND OUR SERVICE, INCLUDING WITHOUT LIMITATION THE SITE'S PRIVACY POLICY (EXCEPT FOR LEGAL ACTION TAKEN TO SEEK AN INJUNCTION OR OTHER EQUITABLE RELIEF RELATED THERETO OR CLAIMS RELATED TO THE VALIDITY OR ENFORCEABILITY OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS) (COLLECTIVELY “DISPUTE”) WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), FEDERAL ARBITRATION LAW, AND LAWS OF THE STATE OF INDIANA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
IN THE EVENT OF A DISPUTE, YOU OR VERA BRADLEY MUST GIVE THE OTHER A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND THE RELIEF REQUESTED. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO VERA BRADLEY, 12420 STONEBRIDGE ROAD, ROANOKE, IN 46783 (ATTN: OFFICE OF THE GENERAL COUNSEL) (DISPUTE NOTICE). YOU AND VERA BRADLEY WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN 60 DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER 60 DAYS, YOU OR VERA BRADLEY MAY COMMENCE ARBITRATION. YOU ARE NOT REQUIRED TO WAIT 60 DAYS TO FILE A SMALL CLAIMS ACTION.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES (“ARBITRATION FEES”) WILL BE GOVERNED BY THE AAA'S RULES. YOU AGREE TO COMMENCE ARBITRATION ONLY IN YOUR COUNTY OF RESIDENCE OR ALLEN COUNTY INDIANA. WE WILL REIMBURSE TO YOU ARBITRATION FEES YOU PAID FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. VERA BRADLEY WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSION, OR IN PERSON BY FOLLOWING THE AAA RULES. IN A DISPUTE INVOLVING $10,000 OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD.
YOU AGREE THAT THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE TO WHICH THIS SECTION APPLIES MUST BE FILED WITHIN ONE YEAR IN SMALL CLAIMS COURT OR IN ARBITRATION WITH THE AAA. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE COULD FIRST BE FILED. IF SUCH A DISPUTE IS NOT FILED WITHIN ONE YEAR, IT'S PERMANENTLY BARRED.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
United States Only
All materials on this Site are provided solely for the purpose of promoting Vera Bradley's operations, services and products in the United States, its territories, possessions and protectorates. Vera Bradley makes no representation that the materials on the Site are appropriate or available for use in other locations. If, despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Miscellaneous Terms
Vera Bradley failures to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.
Contact
Any questions may be directed to:
Vera Bradley Customer Service
12420 Stonebridge Road
Roanoke, IN 46783
Or customercare@verabradley.com or (888) 855-8372.
Site Access
By accessing this website (the “Site”), you agree to be bound by these Terms of Use, as well as any additional terms appearing at applicable sections of this Site and all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. Our Privacy Policy, SMS/MMS Terms of Services, and Refer-a-Friend Terms and Conditions are part of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. Vera Bradley Designs, Inc. ("Vera Bradley") reserves the right to modify these Terms of Use at any time and will post such changes here. By continuing to use this Site after Vera Bradley posts any such changes, you agree to be bound by the modified terms. If you do not agree to any change, you must immediately stop using and accessing the Site. Please review the Terms of Use regularly for updates and changes.
The "Last Updated" date, as stated above, indicates the last time the agreement was materially modified. Checking the date above allows you to determine whether there have been material modifications since the last time you reviewed the Terms of Use.
Copyright Notice
All copyrights in this site are owned by Vera Bradley. All rights reserved. You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by Vera Bradley or some third party who licensed to Vera Bradley the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with the prior written approval of Vera Bradley.
Vera Bradley grants you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing Vera Bradley's services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
Vera Bradley makes no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.
Trademarks
"Vera Bradley," "Vera Bradley Designs, Inc.," its other brand names and its logos are trademarks of Vera Bradley. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without the prior written permission of Vera Bradley. The use or misuse of any of these marks or other information is strictly prohibited.
Limitation of Warranty and Damages
The information on the Site is provided "as is" and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. Vera Bradley makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this Site. Vera Bradley makes no warranty that the Site will be available, uninterrupted, error-free, or free of viruses or other harmful components. Vera Bradley further makes no warranty that you will achieve successful results from following any instructions or directions on the Site.
The foregoing also applies to any information in any website hyperlinked to this Site. Such links are provided for your reference only. Vera Bradley does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.
In no event will Vera Bradley be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the Site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Vera Bradley, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Products
The products on the Site are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Vera Bradley, there are inaccuracies in the presentation on the Site, Vera Bradley shall in no event incur any liability therefor. Vera Bradley does not warrant that item descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition for a refund.
Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site.
Return & Cancellation Policy
For all returns and cancellations, please see our Return & Cancellation Policy, which is incorporated into these Terms of Use.
Prices
Prices are firm and final. They are expressed in US dollars. All taxes are included in the summary of the order. Vera Bradley reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the Site, but items ordered are invoiced at the price in effect on the day of the order. Despite our best efforts, a small number of the items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Vera Bradley reserves the right to limit quantities. All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you. The amount of shipping cost is calculated as a function of the destination and the actual weight or volume of the order in accordance with the methods defined by the shipper chosen by Vera Bradley. We encourage you to print and maintain a copy of your purchase order for your records.
Payment, expressed in US Dollars, shall be made exclusively online through the Site via MasterCard, Visa, American Express, PayPal or Vera Bradley Gift Cards.
Vera Bradley does NOT charge your credit card until after your order has entered the shipping process.
Order
A guided search allows you to find a selection of items from Vera Bradley 's collection on the Site and then to make your choice from this selection in order to place your order. Your order is carried out in three steps:
The first step consists of approval, by you, of the articles chosen for your order.
Vera Bradley checks that the items proposed at the time of the order are actually available; in addition, to avoid two simultaneous orders for the same item, Vera Bradley verifies, at the time of the approval of the order, the precise availability of the items chosen and sets them aside.
The second step consists of your entry of the necessary pieces of identification and other information required for the execution of the order, namely, in particular, the following items: name, complete delivery address, payment information and billing address.
To that end, you may create an 'account' identified by your e-mail address and a password chosen by you, or you may check out as a guest, without creating an account. If you have already ordered from the Site and created an account, these pieces of identification and other information will have been saved; you will then need to call up your account (by inputting your e-mail address and password); once connected to your account, you may, if necessary, modify any information.
The third step consists of the final approval of the order. You are presented with a summary of the order, valid and binding as a purchase order, including all items selected, delivery, payment information and billing addresses, the total amount of the said items, taxes, and shipping and handling costs.
At this point, you will verify the summary of the order and make, if desired, any modifications to it. After such modifications, you will be presented with a new summary of the order so modified. Any order whether modified or not must receive final approval on the part of the customer, based on the summary described. This action is accomplished by clicking on the 'confirm' button.
This click constitutes an electronic signature that has, between the parties, the same validity as a handwritten name. Vera Bradley commits to preparing the order in the shortest possible time. You will be advised of the shipment of the order via e-mail.
To properly serve all customers, Vera Bradley reserves the right to limit quantities of any item(s) purchased. Vera Bradley further reserves the right to cancel any order or multiple orders for any reason and will not charge customer if the order is cancelled. Commercial use of the Vera Bradley Site is expressly prohibited. Vera Bradley reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Shipment
Items may be delivered by UPS or USPS. Any delivery times provided on the Site are estimates only. Exceeding these times shall in no event be held against Vera Bradley or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interest. The risk of loss and title for such items pass to you upon Vera Bradley's delivery to the shipper. Items are always shipped at the risk of the customer, who must check their good condition at delivery. Any problem concerning delivery (damaged parcels, items missing from the Vera Bradley invoice accompanying them, etc.) must be brought to the attention of Vera Bradley within a reasonable time by contacting Vera Bradley via email, phone, or standard US mail. See necessary contact information at the end of these Terms of Use.
Submitted Information
If you submit information to us or post information or materials to the Site, excluding financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, video or other media materials, concepts or other information (collectively, the "Submitted Information"), you are giving the Submitted Information to Vera Bradley free of charge, and the Submitted Information will be treated as non-confidential and non-proprietary and may be used by Vera Bradley for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the Site, on a public forum, or in any other manner. Submitted Information may be readily viewed by Vera Bradley and the general public.
You grant Vera Bradley a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant Vera Bradley and our sub-licensees the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information.
If you believe that any Submitted Information has been used on the Site in a manner that violates an intellectual property right or other proprietary right, please contact us at customercare@verabradley.com. You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity. You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Vera Bradley Site or any connected network, or otherwise interferes with any person's or entity's use or enjoyment of the Vera Bradley Site. You further agree to defend and indemnify Vera Bradley for any breach of this agreement.
Vera Bradley does not endorse opinions submitted to our public forums. In addition, the public forums are for noncommercial use. You agree not to use any public forum for commercial solicitations or advertising or to promote websites or entities that are competitive with Vera Bradley. While we may not review, monitor, filter or edit every message posted by our visitors, we reserve the right to edit or delete messages in our sole discretion.
We may from time to time expressly request submissions of concepts, stories, or other content from you for various Site features including contests and promotions. You understand and agree that you will read any specific rules or other terms and conditions which relate to such features and which govern those submissions. Such rules and/or other terms and conditions shall be incorporated into these Terms of Use.
Through your usage of the Site, you may submit and/or Vera Bradley may gather and track your page views, how you came to visit the site, and length of time viewing pages. Vera Bradley is free to use such information for internal studies and analysis.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner and believe infringing use of your content is on our Service, or you are a User that has received notice that you have posted allegedly copyright infringing content on our Service, please see below:
a. DMCA Notice. Vera Bradley asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Vera Bradley’s sole discretion, Vera Bradley may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Vera Bradley has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
b. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
(iv) your full name, address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Vera Bradley will only respond to DMCA Notices that it receives by mail or email at the addresses below:
Vera Bradley Customer Service DMCA Notices
12420 Stonebridge Road
Roanoke, IN 46783
Or customercare@verabradley.com or (888) 855-8372.
It is often difficult to determine if your copyright has been infringed. Vera Bradley may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Vera Bradley may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Vera Bradley’s other rights, Vera Bradley may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Vera Bradley.
c. Counter-Notification. If access on the Service to a work that you submitted to Vera Bradley is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, email address, and the username of your Account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
PROCEDURE FOR ALLEGING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
(d) your full name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion, as permitted by applicable law. Any user of the Service that fails to respond satisfactorily to Vera Bradley with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
Registration and Online Store
To obtain full access to the Site, you may be required to complete a registration. It is a condition to your use of this Site that all information you provide be correct, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password as such use will be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is strictly prohibited.
This Site may also feature online shopping and paid memberships. You must be 18 years of age or older to participate in such activities. By ordering a product or service on the Vera Bradley Site, you represent that you are 18 years of age or older.
Third-Party Services and Advertisements; Dealings with Third Parties; Third-Party Content and Sites; Advertisements
The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to or from third-party websites or other services that are not owned, controlled or operated by Vera Bradley, including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Vera Bradley (collectively, “Third-Party Services”). We may also host our content, apps, and tools on Third-Party Services. Vera Bradley may have no or limited control over the content, operations, policies, terms, or other elements of Third-Party Services, and does not assume any obligation to review them. Vera Bradley does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Vera Bradley is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services.
AS PERMITTED BY APPLICABLE LAW, Vera Bradley WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN, OR OTHERWISE ARISING OUT OF THE USE OF, THESE THIRD-PARTY SERVICES.
Any activities you engage in connection with Third-Party Services are subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities.
Terms applicable for Apple IOS and Other Platforms and Devices. If you are accessing or using the Service through Apple, Android, or other third party platforms or services, those Third-Party Services’ own terms and policies apply to such access and usage.
Dealings with Third Parties. Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). As permitted by applicable law, Vera Bradley disclaims all liability in connection therewith.
Termination of This Agreement
Vera Bradley may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.
Dispute Resolution
GOVERNING LAW; JURISDICTION; DISPUTES. YOU AGREE THAT ALL DISPUTES, ACTIONS, AND CLAIMS RELATING TO OUR COLLECTION, USE, OR SHARING OF YOUR PERSONAL INFORMATION AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND OUR SERVICE, INCLUDING WITHOUT LIMITATION THE SITE'S PRIVACY POLICY (EXCEPT FOR LEGAL ACTION TAKEN TO SEEK AN INJUNCTION OR OTHER EQUITABLE RELIEF RELATED THERETO OR CLAIMS RELATED TO THE VALIDITY OR ENFORCEABILITY OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS) (COLLECTIVELY “DISPUTE”) WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), FEDERAL ARBITRATION LAW, AND LAWS OF THE STATE OF INDIANA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
IN THE EVENT OF A DISPUTE, YOU OR VERA BRADLEY MUST GIVE THE OTHER A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND THE RELIEF REQUESTED. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO VERA BRADLEY, 12420 STONEBRIDGE ROAD, ROANOKE, IN 46783 (ATTN: OFFICE OF THE GENERAL COUNSEL) (DISPUTE NOTICE). YOU AND VERA BRADLEY WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN 60 DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER 60 DAYS, YOU OR VERA BRADLEY MAY COMMENCE ARBITRATION. YOU ARE NOT REQUIRED TO WAIT 60 DAYS TO FILE A SMALL CLAIMS ACTION.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES (“ARBITRATION FEES”) WILL BE GOVERNED BY THE AAA'S RULES. YOU AGREE TO COMMENCE ARBITRATION ONLY IN YOUR COUNTY OF RESIDENCE OR ALLEN COUNTY INDIANA. WE WILL REIMBURSE TO YOU ARBITRATION FEES YOU PAID FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. VERA BRADLEY WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSION, OR IN PERSON BY FOLLOWING THE AAA RULES. IN A DISPUTE INVOLVING $10,000 OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD.
YOU AGREE THAT THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE TO WHICH THIS SECTION APPLIES MUST BE FILED WITHIN ONE YEAR IN SMALL CLAIMS COURT OR IN ARBITRATION WITH THE AAA. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE COULD FIRST BE FILED. IF SUCH A DISPUTE IS NOT FILED WITHIN ONE YEAR, IT'S PERMANENTLY BARRED.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
United States Only
All materials on this Site are provided solely for the purpose of promoting Vera Bradley's operations, services and products in the United States, its territories, possessions and protectorates. Vera Bradley makes no representation that the materials on the Site are appropriate or available for use in other locations. If, despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Miscellaneous Terms
Vera Bradley failures to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.
Contact
Any questions may be directed to:
Vera Bradley Customer Service
12420 Stonebridge Road
Roanoke, IN 46783
Or customercare@verabradley.com or (888) 855-8372.
