(PLEASE READ AND PRINT ONE FOR YOUR RECORDS)
Fees, Rates, Costs and Limitations.
Below are the account fees, rates, costs, limitations, available credit and other terms for the CROWN JEWELERS Credit Card offer.
This is the Agreement and Disclosure Statement ("Agreement") that governs the use of your Account. Please print these disclosures and keep them with your records. If you are unable to print these, write to Crown Jewelers Inc., C/O Credit Dept., PO Box 155100, Fort Worth, TX 76155-0100 and request a copy. By submitting this you certify that you have read, meet, understand, and agree to the account fees, rates, costs, limitations, available credit and other terms listed below.
In this Agreement 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.
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: 1-800-680-5509 and/or write us at CROWN JEWELERS, P.O. BOX 63075, IRVING, TEXAS 75063. You may also email us at Billing@crownjewelers.com.
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. PAYMENTS BY PHONE- Payments made over the phone will be assessed a $5 charge.
F. ONLINE PAYMENTS- Payments made online will be assessed a $2 charge.
G. 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)
H. 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.
I. 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.
J. 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 that 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 rate, 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. ARBITRATION: Any dispute and/or claim arising from or in connection with this Agreement shall be subject to mediation and/or binding arbitration in Dallas, Texas pursuant to the rules of the American Arbitration Association and judgment of the arbitral award may be entered in any court having jurisdiction thereof. Such mediation and arbitration shall take place in the English language, and such arbitrator(s) shall not be empowered to award damages in excess of actual damages. The prevailing party in any dispute under this section shall recover reasonable attorney's fees and costs (including arbitration costs) from the other party. All information relating to a dispute, claim, mediation, arbitration, and/or lawsuit hereunder shall be treated as Confidential Information and shall not be disclosed by either party to any third party. Both you and we agree to waive the right to go to court or to have the dispute heard by a jury. You and we will be waiving any right to a jury trial and you also would not have the right to participate as part of a class of claimants relating to any dispute with us. Other rights available to you in court may also be unavailable in arbitration. Do not accept or use the card unless you agree to be bound by this arbitration provision.
28. SEVERABILITY: The invalidity or unenforceability of any one or more provisions of this Agreement shall in no way effect any other provisions.