|
CROWN JEWELERS
ONLINE ACCOUNT HOLDER AGREEMENT
AND DISCLOSURE STATEMENT
(PLEASE READ AND PRINT ONE FOR YOUR RECORDS)
click here for an image-free copy to print
In this Agreement and disclosure
statement the words "you", "your", "yours", and "Accountholder" mean you, the
Accountholder, and any other person who is contractually liable for or has
signed or accepted the terms of this online application for CROWN JEWELERS
Revolving Credit Plan ("Plan"). The words "we", "us", and "our" mean CROWN
JEWELERS. The word "Account" means a sole or joint Accountholder account.
This is the Agreement and Disclosure
Statement ("Agreement") that governs the use of your Account. Please read it
and keep it for your records.
1. ACCOUNT ACTIVATION: You do
not have to sign the Agreement in order for the account to be activated. You
accept and agree to the terms of this Agreement once the account is used. This
account is established to enable you to obtain certain goods and/or services
from CROWN JEWELERS.
2. CREDIT LIMIT: We will
establish a maximum monetary credit limit for the Account ("Credit Limit"). The
credit limit is specified in the account acceptance mailer/Email. The unpaid
principal balance on the Account is not to exceed the Credit Limit. If you
request the Credit limit to be extended either permanently or temporarily, we
have no obligation to do so; however , we may make such an extension if we
choose without giving up any of our rights, and it does not mean that we have
to honor other uses which would cause your Credit Limit to be exceeded. From
time to time, we may permanently increase or decrease the Credit Limit and/or
require down payment as we deem appropriate.
3. LIABILITY: You promise to
pay for all purchases made by you or anyone you allow to use the Account, plus FINANCE
CHARGES, fees and other charges due on the Account. All of the persons
on this Account are jointly and individually bound and liable for repayment of
the entire Account balance, regardless of who received the benefit of the
Account or to whom any advance of credit was made under this Account. A Default
by any Accountholder will be a default by all Accountholders. We may collect
from or sue any Accountholder without giving up any of our rights against any
other. This Agreement is also binding upon your successors and heirs and upon
anyone to whom you assign your assets or who succeeds to them
You agree and everyone using the
Account agrees to be liable for the repayment of everything owed on the Account
even if we do not follow all of the legal procedures (such as diligence,
demand, presentment and notice and protest of dishonor) which we might be
required to do in the absence of this waiver. In addition you consent to any
continuance that we give with respect to time of payment or in the amount of
payment. that in any way may impair any of our rights under this Agreement. No
waiver, consent or approval by us will be effective unless it is in writing.
You agree that you will notify us
immediately, if you receive an order confirmation via email that you did not
place. Once the order is shipped you are liable for all charges and purchases
incurred on your account.
You may be liable for the loss , theft
or unauthorized use of your account. You will not be liable for unauthorized
use of your Account which occurs after notifying us. If you believe that your
password is , stolen or is being used in an unauthorized manner, you agree to
notify us immediately, either orally or in writing ( if orally you must confirm
in writing) . You can call us at: 817-695-1614 and/or write us at CROWN
JEWELERS, P.O. BOX 155100, FORT WORTH, TEXAS 76155-0100.
3B. PASSWORD: Password to your
online account is your authorization to use your account. Anyone you give your
password to is authorized to use your account and you accept full liability for
anyone using your account with your password.
4. SECURITY INTEREST IN PURCHASES:
You have granted us a purchase money security interest under the Uniform
Commercial Code in all merchandise charged to the Account. If an event of
default occurs, this security interest allows us or our assignee to repossess
only the merchandise which you have not paid in full. You are responsible for
any loss or damage to the purchased merchandise until the price is fully paid.
Any payments you make will first be used to pay the first expiring promotional
balances, if any, then any fees, then unpaid FINANCE CHARGES, and then
to pay for the earliest purchase on the Account. If more than one item is
purchased on the same date, your payment will first apply to the lowest price
item.
If you default , we may take
possession of the merchandise charged to the Account, sell it and apply the
proceeds to the unpaid Account balance. You will pay our expenses in taking
possession of and selling the merchandise. If the proceeds are not enough to
pay those expenses, along with unpaid Account balance you remain liable for and
must pay the difference. You are entitled to any excess if the proceeds are
more than you owe us.
5. PAYMENT: If you have a
balance we will send a periodic billing statement (unless not required to do so
by Regulation Z. truth in Lending Act (15 U.S.C. 1610), as amended) to the
person whose name first appeared on the Account Application as "Applicant",
unless a change has been requested by an Accountholder. You agree to pay for
all purchases, FINANCE CHARGES, fees and charges due on the Account
until paid in full and to make all payments by check or money order (if you
make your payments using another credit card accepted by us there will be
additional charge of $2.00 or 5% of the payment amount whichever is more) to us
at the location specified on your periodic billing statement in U.S. Dollars
payable through a U.S. financial institution. Application of payment will be at
our discretion, but always in such manner as to be consistent with the error
resolution procedures described herein.
The minimum payment will be 5% of the
outstanding balance on the account or $25.00, whichever amount is greater. if
your account is past due, you must pay your past due amount which will be in
addition to your monthly minimum payment. If balance on your account is less
than $25.00, your minimum payment will be the remaining balance on your
account. You must pay the minimum monthly payment as shown on your monthly
billing statement. However, not receiving a statement does not exempt you from
making your minimum payment every month. Payment greater than the minimum
periodic amount or additional payments may be made at any time without
prepayment penalty but shall not relieve you of your obligation to pay the next
succeeding periodic payment(s). We can accept late or partial payments, as well
as payments that are marked "paid in full" or with other restrictive
endorsements, without losing any of our rights under this Agreement. Payments
you make on the Account are to be mailed to the address we set forth on your
periodic billing statement. Payment must be received by us at our address
stated on your periodic billing statement on or before the payment due date
stated on your periodic billing statement.
6.
FEES AND CHARGES:
A. RETURNED PAYMENT- If any payment is
returned to us unpaid, we will charge the Account $25.00.
B. LATE PAYMENT- If we do not receive
the minimum periodic payment by the due date shown on your periodic billing
statement, we will charge Account $25.00.
C. MINIMUM FINANCE CHARGE- Minimum
finance charge in any billing cycle is $1.00.
D. UPDATE FEE- If we agree to update
the Account from a delinquent status to a current status, we will charge the
Account $5.00.
E. DOCUMENT FEE- If a copy of any
statement, sales draft or similar document is provided by us at your request
(except in connection with the billing error inquires or resolution), we will
charge the Account the following fee(s):
(I) Statement Copy- $6.00
(II) Sales/Credit Draft Copy -$6.00
(III) Research Fee- $15.00 per hour
(only applicable if extensive research is required)
F. PAYMENTS USING A CREDIT CARD. If
you choose to make your payment(s) on your account using a credit card we
accept, you will be charged an additional $2.00 or 5% of the payment amount
whichever is more.
G. CONSUMER CREDIT COUNSELING SERVICE-
If you participate in scheduling the Account through Consumer Credit Counseling
Service, we will charge the Account the fees that we are charged by the
Consumer Credit Counseling Service.
H. MISCELLANEOUS CHARGES You agree to
pay any other charges incident to the application for and the opening,
administration , and termination of the Account , including, but not limited to
, taxes, charges or fees and any penalties or interest thereon, imposed on this
Agreement or on any transaction effected/conducted/made pursuant to this
Agreement. We may advance any such tax charge or fee and any penalties or
interest thereon for you and add said amount to the Account balance.
7.
COMPUTATION OF FINANCE CHARGES:
A. FINANCE CHARGES:
If a Finance charge is imposed, we apply the monthly periodic rate of 1.75% (ANNUAL
PERCENTAGE RATE 21%) to the average daily balance. No FINANCE CHARGES
on purchases charged to the account will be calculated if the "New Purchase
Balance" shown on the periodic statement is paid in full on or before the
"Payment Due Date" shown on the periodic statement. If you do not pay the full
amount of "New Purchase Balance" on or before the "Payment Due Date" FINANCE
CHARGES are calculated on the "Average Daily Balance" shown on the
periodic statement from the date posted on the Account until paid in full. FINANCE
CHARGES which accrue after the "Statement Date" will appear on the next
periodic statement.
B. FINANCE CHARGE
CALCULATION ON SPECIAL PURCHASE PROGRAMS - In the event that we offer
to you a Special Purchase Program in accordance with Paragraph 25 of this
Agreement, the ANNUAL PERCENTAGE RATE applied to your Account may be
reduced in accordance with the specific terms of the particular Special
Purchase Program.
C. FINANCE CHARGES CALCULATION ON ACCOUNTS THIRTY
DAYS PAST DUE OR MORE- In the event that your
Account is deemed by us to be thirty (30) days or more past due on any given
cycle date, we have the right to impose on your Account during the entire
succeeding billing cycle a FINANCE CHARGE at maximum rate allowed
by the law.
D. COMPOUNDING OF UNPAID FINANCE CHARGES:
You agree that in each billing cycle the unpaid Periodic Rate
Portion of FINANCE CHARGES accruing in the prior billing cycle as the
result of Purchases will be added to the outstanding balance as a Purchase.
Thus, unpaid FINANCE CHARGES will be subject to, and will be included in
the calculation of , new FINANCE CHARGES, and will reduce the amount of
the available Credit Limit
E. BALANCE COMPUTATION METHOD:
We figure FINANCE CHARGES on the Account by applying the periodic rate
to the "Average Daily Principal Balance" of the Account (including
current transaction if there is an existing purchase principal balance).
The "Average Daily Balance" is calculated for purchases by totaling each day's
"Daily Purchase Balance" and dividing the total by the number of days in the
billing cycle. The Daily Purchase Balance is calculated by (1) taking the daily
beginning balance of previous purchases (including unpaid FINANCE CHARGES,
unpaid fees and unpaid insurance premiums, as applicable). (2) subtracting
payments, and credit adjustments, then (3) adding new purchases, FINANCE CHARGES,
fees, insurance premiums, as applicable, and debit adjustments (except FINANCE
CHARGES, fees and insurance premiums, as applicable, assessed on the
statement date which will not be included in the calculation until the next
business day).
8. EVENTS OF DEFAULT: You will
be in default of this Agreement if any one of he following occur: (a) you do
not make the required minimum periodic payment on the Account by the payment
due date, (b) your default of or failure to pay any obligation you have with
us, (c) you break one of your promises under this Agreement, (d) you become
generally unable to pay your debts, (e) any other creditor tries by legal
process to take money of yours in our possession, (f) you provided us with any
false or misleading information signatures on the Account credit application or
any other account with us, (g) your death, (h) the filing of a petition or
starting of other proceedings under the Federal Bankruptcy Code or any state
insolvency statute by or against you, (i) the Credit Limit of the Account being
exceeded, or (j) if we believe, in good faith, that the chances of your paying
or performing all your obligations under this Agreement have been impaired.
9. RIGHTS UPON AN EVENT OF DEFAULT:
If any event of default should occur, we may do any or all of the following:
(a) declare the outstanding Account balance owing on the Account to be
immediately due and payable without notice, (b) allow you to repay the Account
subject to the terms and conditions of this Agreement, (c) immediately
terminate Account credit privileges without notice, and /or (d) suspend the
availability of the Account regardless of whether you receive notice of
suspension.
Upon demand, you will immediately pay
the outstanding Account balance in full.
To the extent permitted by applicable
law, you agree to pay all court and collection costs and reasonable attorney
fees incurred by us in the collection of the Account. You agree that the ANNUAL
PERCENTAGE RATE of interest on the Account in effect at the time
of default shall be the interest rate at which legal action may be brought on
and judgment rendered for.
10. AMENDMENT: We may change or
amend any terms of this Agreement upon fifteen (15) days prior written notice
if required by law. Any changed or amended fee, charge, interest rat , FINANCE
CHARGE, ANNUAL PERCENTAGE RATE, or minimum payment amount, whether
increased or decreased, may be effective to both the outstanding Account
Balance and future transactions.
11. ERRORS: We will furnish you
a periodic statement showing all transactions for the previous billing period.
Unless you notify us of any alleged errors in accordance with the billing error
resolution procedure provided below, we will consider the statement correct for
all purposes.
12. NON-DEFAULT TERMINATION OF ACCOUNT
- REDUCTION OF CREDIT: We may terminate your Account or reduce the
Credit Limit at any time without sending notice to you unless notice is
required by law. Your rights under the Account will be terminated or modified
accordingly. In the event the Account is terminated or the Credit Limit
reduced, you must continue to make each required periodic payment until the
Account is paid in full. The Account, until paid in full shall also continue to
be subject to any amendment made to this Agreement pursuant to paragraph 11
including fees/charges pursuant to paragraph 7.
13. RETENTION OF DRAFTS: At the
time of making a purchase or credit transaction, you agree to sign and retain a
copy of the draft which accurately evidences the transaction. The absence of
your signature on a draft does not relieve you from liability for an amount
properly charged on the Account. You agree that your signature may be
electronically recorded, saved and reproduced as evidence of the transaction.
14. COLLECTION: You agree that
if you do not pay on the Account, you will accept calls from us at your home
and your place of business regarding collection of the Account. You understand
that the calls to your home could be automatically dialed and a recorded
message be played. You agree such calls will not be "Unsolicited" calls for the
purposes of state of federal law.
15. ACCOUNT USE AFTER REVOCATION:
Use of the account after notice of revocation is fraudulent and may be subject
to prosecution under the appropriate law(s).
16. CANCELLATION: You can
cancel the Account delivering to us either written or oral notice that you wish
to do so. Upon giving us your cancellation request, you agree to not use your
account. Any one Accountholder may give us written or oral notice without the
need all Accountholders to do so. Cancellation of the Account shall not affect
your obligation to pay any amount due and owing on the Account at the time of
cancellation. You will continue to be bound to pay the balance of the Account
under the terms of this Agreement until the Account is paid in full. The
Account, until paid in full, shall also continue to be subject to any amendment
made to this agreement pursuant to paragraph 11 including fees/charges pursuant
to paragraph 7.
17. ADDRESSES-NOTICES- ACTIONS:
If you move or your Email address changes, you
agree to notify us of your new address via email from
YOUR ACCOUNT page so that we may change our records.
You agree that whenever we are required to give you notice we may conclusively
presume that we have given it to you if we mail or email it to you at the last
address known to us as shown on our records. If you have a joint Account, all
notices regarding the Account can be given to any person execution the
Application whose name appears on our records, and that any action taken or
agreement made by any such person, shall bind all such persons. We may choose
to notify you of any matters regarding your account at your most recent
physical and/or Email address at our discretion.
18. CREDIT INVESTIGATION: You
authorize us at any time to make whatever credit investigation we feel is
proper to evaluate your credit, financial standing and employment, and you
authorize us to exchange your credit experience with credit bureaus and other
creditors we reasonably believe are doing business with you. You authorize your
employer (past, present or future) and other references to release and/or
verify information to us at any time. You also agree to furnish us with
financial statement we may request at any time and in such detail as we may
require.
19. ACCOUNT INFORMATION: You
authorize us to release information from our records regarding the Account (a)
in order to comply with any served subpoena issued by any state or federal law
agency or court, (b) to provide information about the Account to any
subsidiaries or affiliates, (c) in order to sell our customer lists, including
your name, to third parties, and (d) to any third party who we reasonably
believe is conducting an inquiry in accordance with the Federal Fair Credit
Reporting Act.
20. ASSIGNMENT OF ACCOUNT: We
may sell, assign, or transfer your Account or any portion thereof without
notice to you. You may not assign to anyone the Account or your rights under
this Agreement.
21. OTHER SERVICES: You
understand that from time to time third parties may offer you additional
features, services and enhancements, including, but not limited to, common
carrier travel insurance, renter's insurance, credit card registration for lost
or stolen credit cards, address change services, and other travel related
services. You understand that we are not liable for these features, services
and enhancements, and they are the sole responsibility of the third parties.
You agree to hold us harmless from any claims, actions or damages resulting
from your use of any of these features, enhancements, or services, when
permitted by applicable law.
22. INSURANCE: If you are
offered and you elect any insurance coverage in connection with the opening of
the Account or later, you authorize us to charge the insurance premiums for
such insurance to the Account on a monthly basis.
23. SKIP-A-PAYMENT OPTION: At
our option, we may allow you to "skip-a-payment" , which means that you may be
allowed to skip making the minimum periodic payment as to certain billing
cycles. If you accept, we will continue to accrue FINANCE CHARGES but no
late charge will be imposed. For the periodic billing cycle following a
"skip-a-payment", all terms disclosed herein will again apply.
24. SPECIAL PURCHASE PROGRAMS:
From time to time we may offer Special Purchase Programs under the Account.
Normal late payment charges, returned check charges and other provisions apply
to any Special Purchase Program unless inconsistent with a particular program
offering. The Particular feature of such programs may likewise vary from time
to time.
25. DIFFERED BILLING PROGRAM:
From time to time we may offer you deferred billing on a purchase(s) charged to
your Account. If you decide to defer the billing on certain purchase, then they
may not be billed (posted) to your Account until the month as stated in the
offer ("Deferred Billing Month"). The computation of FINANCE CHARGES will
not start until the Deferred Billing Month. Deferred billing purchase(s) may
not appear on the periodic statement until the Deferred Billing Month at which
time FINANCE CHARGES, required payments and fees as to the Deferred
purchase(s) will again apply. Prior charges, if any, or new purchase(s) not
deferred, if any, will continue to be billed as normal with all terms of the
Agreement applicable thereto.
26. CONTROLLING LAW: This
Agreement shall be governed solely by and interpreted entirely in accordance
with the laws of the State of Texas or, to the extent such laws are supersede,
regardless of where you reside. We will process the Account application, make
the decision to open the Account, approve and advance credit for you from our
offices in Texas. You agree that all terms, conditions, and other provisions
relating to the method of determining the balance upon which the interest rate
or FINANCE CHARGES are applied, and other terms of this
Agreement, shall be deemed to be material to the determination of the interest
rate.
27. SEVERABILITY: The
invalidity or unenforceability of any one or more provisions of this Agreement
shall in no way effect any other provisions.
|