The Vermont Country Store, Inc. and its affiliated companies (“The Vermont Country Store,” “we,” or “us”) provide this website and its related pages (the “Site”) on the condition that you first agree to these Terms & Conditions without changes. By using the Site, purchasing products, signing up for promotions, or registering with us, you agree to be fully bound by these Terms & Conditions. To be enforceable, modifications to these Terms & Conditions must be published by us on the Site.

BY AGREEING TO THESE TERMS & CONDITIONS, YOU AND THE VERMONT COUNTRY STORE AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND THE VERMONT COUNTRY STORE ONLY THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT AND WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS OR OTHER FORMS OF COLLECTIVE CLAIMS AND TO HAVE ANY CLAIMS DECIDED BY A JURY.

Please note that this Site causes information about you and your browsing activity to be shared with third parties that provide services to us and other companies. Such communications can occur due to your use of social media, like Facebook or Instagram, which offer options and instructions to members to limit such communications, which can include signing out of your social media accounts before visiting this Site. These communications may also be limited by your use of adblocking software or by your adjusting the privacy settings of your web browsing software. You can learn more about our information collection and usage practices, and the information shared with third parties, by reading the Site’s Privacy Policy for your state of primary residence.

We recommend you print out a copy of these Terms & Conditions for your records, and can download them here. Upon request by you or The Vermont Country Store, we each agree to sign and provide to each other a signed copy of these Terms & Conditions. If you have any questions or concerns about these Terms & Conditions, we urge you to consult legal counsel of your choice.

1. Privacy

Our Privacy Policy for your state of primary residence is incorporated into these Terms & Conditions. To the extent there is a conflict between that Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.

2. Product Descriptions and Pricing

We work hard to be as accurate as possible. Errors will be corrected when discovered, and we have the absolute right to revoke any stated offer and correct any error, inaccuracy, or omission (including after an order or request has been submitted by you or an order or request confirmation has been sent to you by us) without liability. The Vermont Country Store may refuse or cancel orders placed with incorrect pricing. We do not guarantee prices for our products listed on other websites or price search engines. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition for a refund.

3. Product Availability

We work hard to meet the anticipated demand for the products we sell. We reserve the right to cancel any orders for products which are no longer available, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us.

4. Limitations on Liability

YOU AGREE THAT THE VERMONT COUNTRY STORE AND ALL RELATED COMPANIES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, COMMUNICATIONS RECEIVED FROM US OR SENT TO THIRD PARTIES BY US, THE PURCHASE (AND USE) OF ANY PRODUCTS AND SERVICES FROM US (COLLECTIVELY, THE “RELEASED MATTERS”), OR THESE TERMS.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF SOME TYPES OF DAMAGES FOR THE RELEASED MATTERS. THESE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

5. Limitations on Warranties

THIS SITE, ALL CONTENTS, AND ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. THE VERMONT COUNTRY STORE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE VERMONT COUNTRY STORE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE VERMONT COUNTRY STORE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE LIMITATION OF WARRANTIES. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

6. Time Limitations for Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM BY YOU IN ANY WAY RELATING TO OR ARISING IN ANY WAY FROM (1) YOUR VISITS TO AND USE OF THE SITE; (2) PROMOTIONS YOU RECEIVE FROM US; OR (3) THE PURCHASE OR ATTEMPTED PURCHASE (AND USE) OF ANY PRODUCTS OR SERVICES FROM US MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE TIME LIMITATIONS FOR CLAIMS THAT ARE INCONSISTENT WITH ORDINARY STATUTES OF LIMITATION. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7. Dispute Resolution — Arbitration Agreement

At The Vermont Country Store, we highly value our relationships with customers and potential customers. If a dispute arises, we strive to resolve it fairly with everyone, including those buying for themselves or for or on behalf of others. In some cases, a third party may be needed to help settle disputes. Our Arbitration Agreement limits both you and The Vermont Country Store to resolving disputes through individual arbitration or small claims court, if applicable.

YOU AND THE VERMONT COUNTRY STORE AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE SETTLED INDIVIDUALLY THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. BOTH YOU AND THE VERMONT COUNTRY STORE WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE CLAIMS RELATED TO OR ARISING FROM THESE DISPUTES.

All Disputes Covered. The term "Disputes" is defined broadly to include all claims of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims, as well as claims of negligence, fraud, and misrepresentation.

All Persons and Entities Covered. This Arbitration Agreement extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and all others acting on behalf of you or The Vermont Country Store, including those on whose behalf you visit the Site. In addition, it is binding on the heirs, successors, agents, and assigns of you and The Vermont Country Store. If a Dispute involves parties who are not subject to this Arbitration Agreement, claims involving such parties shall be stayed pending the resolution of all related arbitrations.

Governing Law. This Arbitration Agreement is governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq. You and The Vermont Country Store agree that this Arbitration Agreement involves interstate commerce under the FAA. State laws concerning arbitration, including, but not limited to, laws concerning fees, costs, and the scope of arbitration, do not apply.

The Informal Settlement Process. Before filing a claim or demand against the other, you and The Vermont Country Store must first participate in the informal dispute resolution process described in this section.

(a)    To start the informal settlement process, the party making the claim (“Claimant”) must send a written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s full name, mailing address, email address, the date(s) the Dispute arose, a detailed explanation of the Dispute, and a proposal for resolving it, including any claimed amount and how it was calculated. The Respondent may request more information, and the Claimant agrees to reasonably investigate and provide any additional details. Claim Statements should be sent to: legal@vermontcountrystore.com or The Vermont Country Store, 5650 Main Street, Manchester Center, VT 05255, Attn: Legal Claim. Claim Statements by the Vermont Country Store will be sent to you at the email address or physical address associated with your account and/or prior purchases or communications with us.

(b)    If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant's attorney must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). This statement will be admissible in any arbitration or court proceeding related to the Dispute.

(c)    Once a Claim Statement that meets all the requirements is received, the Claimant and Respondent will work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitations for the 60-day period starting from the date the Respondent receives it (or for the duration of the informal settlement process if more than 60 days).

(d)    Failure to complete in good faith this informal settlement process is a material breach of the Terms & Conditions, and no court or arbitrator will have the authority to resolve any Disputes between you and The Vermont Country Store until this requirement is satisfied. Any arbitration filed under this Arbitration Agreement must state that the Claimant has completed in good faith the informal settlement process.

(e)    At the Respondent’s request, the arbitrator may determine that the Claimant has not participated in good faith in the informal settlement process. If so, the arbitrator has the discretion to (1) pause the arbitration for 60 days and instruct the Claimant to complete the settlement process in good faith, and (2) order the Claimant to pay the Respondent's costs and reasonable attorneys' fees incurred up to that point. If, after 60 days, the Claimant still has not participated in good faith, the arbitrator has the authority to issue a final decision in the Respondent's favor, with the discretion to award additional fees and costs, including reasonable attorneys' fees. If the arbitrator finds that the failure to complete the informal settlement process is attributable to the Claimant’s attorney, the arbitration shall have the authority to require that Claimant’s attorney pay some or all of the amounts awarded under this subsection.

Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At the end of the informal settlement process, unresolved Disputes from the Claim Statement can only be pursued individually in either (1) small claims court in your local county or parish, if available and if the court has jurisdiction, or another agreed-upon location, provided the Dispute qualifies as a small claim under the statutes and rules governing that court; or (2) binding individual arbitration as outlined below.

No Class Actions. Except as specified in the Mass Arbitration section below, you and The Vermont Country Store agree that all Disputes must be resolved individually. This means: (a) neither you nor The Vermont Country Store can file or participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator’s decision or award will apply only to that specific claimant's Dispute. This section does not limit the relief available to you or The Vermont Country Store in individual arbitration or small claims court, including equitable relief, nor does it restrict either party's right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means.

Fees and Costs. You and The Vermont Country Store will each cover your own costs and attorneys’ fees in the event of a Dispute. However, either party may recover these fees and costs if allowed by law or arbitration rules. If the arbitrator finds that a claim was made in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, they may award costs, arbitration fees, and attorneys’ fees to the defending party.

Changes. If The Vermont Country Store updates this Arbitration Agreement after you last accepted these Terms & Conditions, you can reject the changes by sending written notice within 30 days of the effective date (see Section 15). The notice must include your full name and clearly state that you reject the changes. By doing so, you agree to arbitrate any dispute based on the version of the Arbitration Agreement that was in effect when you last accepted the Terms & Conditions. Send your notice to legal@vermontcountrystore.com or The Vermont Country Store, 5650 Main Street, Manchester Center, VT 05255, Attn: Legal Claim.

Improperly Commenced Arbitration. If either party believes the other has started or is about to start arbitration in violation of this Arbitration Agreement (including the Mass Arbitration rules below), they can request a court order to stop the arbitration. They can also seek reimbursement for fees and reasonable attorneys' costs. Any arbitration will be paused while such court action is pending.

Survival. All parts of the Arbitration Agreement will remain in effect even if the Terms & Conditions or your relationship with The Vermont Country Store ends.

Severability. Except as expressly provided in the Mass Arbitration Rules, below, if any part of the Arbitration Agreement is found to be unenforceable, its remaining provisions will still apply to the fullest extent allowed by law.

Arbitration Rules and Requirements

In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all claims and grant the same relief a court could. The arbitrator must interpret and apply the Terms & Conditions just as a court would. If any claim cannot for any reason be resolved in arbitration, you and The Vermont Country Store agree to pause any court proceedings until arbitration resolves all arbitrable matters. The arbitration results will be binding only for the specific Dispute and will not affect any unrelated arbitration or court case.

Any court with proper authority can enforce this Arbitration Agreement, including matters related to Mass Arbitration as defined below. The court may also prevent the filing or continuation of any arbitration, or the charging of fees and costs, if it does not comply with the Arbitration Agreement's requirements.

Unless stated otherwise in this Arbitration Agreement, if you and The Vermont Country Store disagree about whether a Dispute should be arbitrated, the arbitrator's authority, or the enforceability of any part of this Arbitration Agreement, the arbitrator has the sole authority to resolve these issues, as allowed by law. However, if you or The Vermont Country Store argue that this Arbitration Agreement is not a binding contract or is otherwise wholly unenforceable, only a court with proper authority can decide such matters, and any pending arbitration shall be stayed until a final decision of the court after the exhaustion of all rights of appeal and review. This provision does not limit either party’s right to challenge in a court of competent jurisdiction an improperly commenced arbitration.

In any arbitration between you and The Vermont Country Store, the Respondent may choose to make a written settlement offer at any time but is under no obligation to do so. The settlement offer amount or terms will not be revealed to the arbitrator until after the award is made. If the award is less than the settlement offer or favors the Respondent, the other party must pay the Respondent’s costs incurred after the offer, including reasonable attorneys’ fees. If any law prohibits shifting costs, this offer will stop further accumulation of costs owed to the party making the claim.

The arbitration process will vary depending on whether your claim is pursued individually or as part of a Mass Arbitration (explained below). The individual arbitration rules do not apply to a Mass Arbitration, except in connection with the limited bellwether process described below.

If the American Arbitration Association (“AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Arbitration Agreement, you and The Vermont Country Store will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in strict conformity with the requirements of this Arbitration Agreement. If no such agreement is reached, both parties will jointly ask a court to appoint an arbitrator or organization under 9 U.S.C. § 5 to conduct the arbitration in strict conformity with the requirements of this Arbitration Agreement.

Individual Arbitration Rules. All arbitrations shall be before a single arbitrator of the AAA. Arbitrations involving consumers will be governed by these Terms & Conditions and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol. The Consumer Rules shall apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use only, and not goods or services offered or purchased for any other use, including in support of a business, job, or profession, or for resale. Arbitrations involving all others will be governed by these Terms & Conditions and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there’s a conflict between these Terms & Conditions and any applicable AAA rules and protocols, these Terms & Conditions will control.

For consumer arbitrations where claims or counterclaims are under $25,000 USD, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules (or its successor under the AAA Consumer Rules). The arbitrator may allow a hearing by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost is reasonable compared to the claim amount. The arbitrator's decision can be enforced in any court with proper jurisdiction.

To begin an arbitration proceeding with the AAA after completing the informal settlement process, the claiming party must send a letter describing the Dispute and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website.

Any attorney representing the Claimant who has not previously done so must sign, under oath or penalty of perjury, a Rule 11 Certification which shall be included with any arbitration demand under this Arbitration Agreement.

Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose an intention to file demands for arbitration against The Vermont Country Store raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special mass arbitration rules shall apply to the exclusion of any other mass arbitration rules published by any arbitration organization. To the extent that this definition of a Mass Arbitration is different than the definition of a mass arbitration in the rules of any arbitrator or arbitration organization, you and The Vermont Country Store agree that this definition of Mass Arbitration shall control.

Any arbitration organization that receives a demand violating these Mass Arbitration rules, including the definition, must dismiss the demand before assigning an arbitrator or charging fees to the Respondent. If the organization cannot determine if the Disputes qualify as a Mass Arbitration under the definition set forth in this Arbitration Agreement before an arbitrator is appointed, the Mass Arbitration Claimants and The Vermont Country Store agree to treat threatened arbitrations as if they were filed for the sole purpose of determining if the 25-claimant threshold is met.

Each Mass Arbitration Claimant must complete the informal settlement process outlined above before proceeding to arbitration, including a signed certification under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11 for all claimants. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11.

If the informal settlement process fails for any Mass Arbitration Claimants, both their counsel and The Vermont Country Store’s counsel will each select up to three (3) claimants (no more than six (6) in total) for bellwether arbitrations, which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a separate arbitrator. Any other Mass Arbitration claims must be dismissed without prejudice before the bellwether arbitrations can begin. Each bellwether arbitration must be completed within 120 days unless otherwise agreed. No further arbitration demands can be made by Mass Arbitration Claimants during the pendency of the bellwether arbitrations and the mandatory mediation process described below.

After the bellwether cases are resolved, The Vermont Country Store's counsel and the Mass Arbitration Claimants' counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes. This mediation will be conducted by the AAA under its current Mediation Procedures unless both parties agree to a different mediator or mediation process.

To prevent the Disputes described by the Mass Arbitration Claimants from expiring, all statutes of limitation for these Disputes will be paused for all claimants (other than the selected bellwether claimants) during the informal settlement process, the bellwether arbitrations, and mediation.

Mass Arbitration Claimants whose claims are still unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc., not with the AAA or any other organization. The applicable FairClaims rules, such as Small Claims or Fast Track, will depend on the claim amount, information about which is available here. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only, but shall not be binding.

If any requirement of the Mass Arbitration Rules is determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), the Respondent can, at its option, require that all unresolved Disputes between the Mass Arbitration Claimants and The Vermont Country Store to be resolved in a court with proper authority and meeting the venue requirements of Section 8, below. The Respondent shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision, the class of plaintiffs shall be limited to Mass Arbitration Claimants with unresolved Disputes.

If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination and Respondent elects to have unresolved Disputes be resolved in court, those claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules are unenforceable will not affect the validity or enforceability of any other parts of these Terms & Conditions.

8. Governing Law and Venue

Except with regard to the Arbitration Agreement and all matters related in any way to arbitration and dispute resolution, which are governed exclusively by the Federal Arbitration Act, these Terms & Conditions shall be governed by the laws of the State of Vermont without regard to conflict of law principles. Except where otherwise expressly provided, all lawsuits arising out of or related to the Terms & Conditions shall be filed in state or federal court in the State of Vermont only.

9. Purchase for Resale

Orders placed that The Vermont Country Store in its sole discretion deems to be purchased for resale or any other commercial use are final and are not eligible to be returned.

10. Acts of God and Other Events Beyond Our Control

The Vermont Country Store shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms & Conditions if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action or other causes beyond our commercially reasonable ability to control.

11. Modifications to These Terms & Conditions

We reserve the right to modify these Terms & Conditions at any time. We will communicate material changes to these Terms & Conditions by making the revised Terms & Conditions available for review on the Site and also, in our sole discretion, through such other means as we may deem appropriate. The modified Terms & Conditions will become effective on the date and time they are posted to the Site, which date is set forth in Section 15, below. By continuing to use the Site after any revised Terms & Conditions come into effect means you agree to be bound to the changes.

12. Miscellaneous

These Terms & Conditions constitute the entire contract between you and The Vermont Country Store. These Terms & Conditions may not be amended, nor any obligation waived, without our written consent. If you are under the age of eighteen (18) years, you may use the Site and purchase products and services through the Site only with the involvement and under the supervision of a parent or legal guardian. This Site is not intended for children.

13. Accessibility Statement

At The Vermont Country Store, we are committed to ensuring that our Site services and content are accessible to persons with disabilities, including, but not limited to, visitors using screen reader software and other assistive technology. We take accessibility seriously and we work diligently to make our Site accessible, utilizing WCAG 2.1AA as a guide. An e-commerce Site such as ours is constantly evolving, and our efforts to improve the usability of our Site are ongoing. If you experience any difficulty accessing any part of this Site, you have specific questions or concerns about the accessibility of any particular web page on this Site, or you otherwise need help, please email us at customerservice@vermontcountrystore.com or call us at 1-802-776-5644. We will work with you to address your questions or concerns, including by providing the information, item, or transaction through an alternate communication method that is accessible to you, if appropriate.

14. Legal Capacity and Consent

By making a purchase from The Vermont Country Store, you confirm that you have the legal right and capacity to enter into an agreement to these Terms & Conditions for yourself and on behalf of anyone you act for or on behalf of when using the Site or making a purchase. By using the Site, you also confirm that you are of legal age to agree to these Terms & Conditions, or, if not, that you have received consent from a parent or guardian, who agrees to these Terms & Conditions on your behalf.

15. Effective Date

The effective date of this version of our Terms & Conditions is October 7, 2024.