Terms of Use

TERMS OF USE

Effective Date: August 4, 2023

OVERVIEW

These are the Terms of Use (“Terms”) for Vera Bradley Designs, Inc. and Vera Bradley Wholesale (“Vera Bradley”). These Terms apply when you visit our websites at verabradley.com, verabradleywholesale.com, outlet.verabradley.com, or any associated pages (our “websites”), interact with us in any way, become our vendor or content creator, shop in store or online, attend events, or use any and all of our products and services (collectively, our “services”). These Terms, our SMS Terms, Refer-a-Friend Terms and Conditions, and the Privacy Notice constitute the entire agreement between you and Vera Bradley, superseding any prior agreements between you and Vera Bradley with respect to our services.

Please read these Terms carefully before accessing or using our websites and services. By using our websites or any of our services, you agree with the terms of the Privacy Notice and our Terms of Use. If you do not agree with our Terms, policies and practices, please discontinue use of our websites and services immediately. We reserve the right to refuse service to anyone for any reason at any time.

AGE RESTRICTIONS

Vera Bradley takes children’s privacy seriously. By accepting these Terms through your use of our websites or services, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the websites under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the websites. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the websites, including all financial charges and legal liability that such child may incur.

REPRESENTATIONS AND WARRANTIES TO VERA BRADLEY

By using our services, you represent, warrant, and agree:

You meet all age and eligibility requirements expressed in these Terms;
You will only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our services to further distribution or resale or for any other commercial or business purposes;
You will only use our services for lawful purposes, and will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
You will not use our services to cause nuisance, annoyance or inconvenience;
You will not impair or harm the proper operation of our services;
You will not copy, or distribute any content contained within our services without written permission from Vera Bradley;
You will only use our services for your own use and will not resell any aspect of our services to a third party;
You own or control all rights in and to any information or property shared with us;
You will provide us with whatever proof of identity we may reasonably request;
You have not previously been suspended or removed from our services;
Your use of our services is in compliance with applicable laws and regulations;
You will not transmit any worms, viruses, or any code of a destructive nature on any of our services;
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the websites and services, use of the websites and services, or access to the Website and/or services or any contact on the websites through which any services are provided, without our express written permission.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the websites and services are not accurate, complete or current. All materials on the websites and services are 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 the websites is at your own risk.

The websites and services 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 the websites at any time, but we have no obligation to update any information on the websites. You agree that it is your responsibility to monitor changes to the websites and services.

Occasionally there may be information on our websites 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.

COMMUNICATIONS

As part of your use of our websites and services, you consent to receive electronic notifications from Vera Bradley. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services announcements or notifications even if you have opted-out from other messages.

PRODUCTS AND SERVICES

Online Products. Certain products or services may be available exclusively online through the websites. 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 colors and images of our products that appear on the websites. We cannot guarantee that your computer monitor's display of any color will be accurate. The products on the websites 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 websites, Vera Bradley shall in no event incur any liability therefor. Vera Bradley does not warrant that item descriptions or other content of the websites is accurate, complete, reliable, current, or error-free. If a product offered on the websites is not as described, your sole remedy is to return it in unused condition for a refund.

Limit of Sales. 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, services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the websites is void where prohibited.

Quality of Products and Services. 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.

Modifications. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the services (or any part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the services (or any part thereof).

THIRD PARTY LINKS AND SOURCES

Third Party Content. Certain content, products and services available via our service may include materials from third parties. Third party links on the websites may direct you to third party websites that are not affiliated with Vera Bradley. 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. 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.

INTELLECTUAL PROPERTY

Service content, Software and Trademarks. You acknowledge and agree that our websites and services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Vera Bradley , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.

The Vera Bradley name and logos are trademarks and service marks of Vera Bradley (collectively the “Vera Bradley Trademarks”). Other company, product, and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Vera Bradley. Nothing in these Terms or in our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Vera Bradley Trademarks displayed through our services, without our prior written permission in each instance. All goodwill generated from the use of Vera Bradley Trademarks will inure to our exclusive benefit.

Third Party Material. Under no circumstances will Vera Bradley be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Vera Bradley does not have a duty to pre-screen content, but that Vera Bradley and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Vera Bradley to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to Vera Bradley is non-confidential, and Vera Bradley will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Vera Bradley may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Vera Bradley, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

COPYRIGHT POLICY

Vera Bradley respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. Vera Bradley will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, Vera Bradley may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Vera Bradley may terminate access for users of the Vera Bradley services who are infringers. Vera Bradley reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

In accordance with the DMCA and other applicable law, Vera Bradley has adopted a policy of terminating, in appropriate circumstances and at Vera Bradley’s sole discretion, users who are deemed to be repeat infringers. Vera Bradley may also at its sole discretion limit access to the Vera Bradley services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notifying Vera Bradley of Copyright Infringement. Vera Bradley will process and investigate notices of alleged infringement and will take appropriate actions consistent with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Vera Bradley’s Copyright Agent at customercare@verabradley.com (Subject line: “DMCA Takedown Request”).

To provide Vera Bradley with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Department” at:

Vera Bradley

Attention: Customer Service

12420 Stonebridge Road

Roanoke, Indiana 46783

customercare@verabradley.com or (888) 855-8372

Please deliver the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We must receive the following information from you:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
A detailed description of where the material that you claim is infringing is located or found on the websites or services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.

Providing Vera Bradley with Counter-Notification. If Vera Bradley removes or disables access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide Vera Bradley with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at the contact information above that sets forth the following information:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of Indiana and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

If a counter-notice is received by the Copyright Agent, Vera Bradley will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

RETURNS & CANCELLATIONS

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 websites, 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 websites 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 websites 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 websites 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 websites 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 websites 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 websites 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.

REGISTRATION AND ONLINE STORE

To obtain full access to the websites, you may be required to complete a registration. It is a condition to your use of this websites 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.

The websites 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 websites, you represent that you are 18 years of age or older.

INDEMNITY

Indemnity and Release. You agree to release, indemnify, and hold harmless Vera Bradley, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of websites and services, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our Services. YOUR USE OF OUR WEBSITES AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERA BRADLEY VERA BRADLEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

VERA BRADLEY MAKES NO WARRANTY THAT (I) OUR WEBSITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERA BRADLEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VERA BRADLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL VERA BRADLEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VERA BRADLEY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITES AND SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR WEBSITES SERVICES.

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 NOTICE (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 websites 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 websites are appropriate or available for use in other locations. If, despite these conditions, you use the websites from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.

GENERAL

Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our services after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. Terms will be governed by the laws of Indiana without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Vera Bradley agree to submit to the personal and exclusive jurisdiction of the local courts located in Allen County and the federal courts located in the United States District Court for the Northern District of Indiana. Vera Bradley may assign or transfer these Terms, in whole or in part, without restriction.

No Waiver. The failure of Vera Bradley to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CONTACT

For general questions or questions about these Terms, feel free to call us at (888) 855-8372 or email us at customercare@verabradley.com

Address: