KAY JEWELERS
RETAIL INSTALLMENT CREDIT AGREEMENT In this Kay Jewelers Retail Installment Credit Agreement ("Agreement"), the words "you" and "your" refer to any person who electronically signs the Application for this Account or this Agreement, has requested and is issued a Kay Jewelers credit card, or is authorized to use this Kay Jewelers Credit Card Account ("Account"). "We", "us", and "our" refer to Sterling Jewelers Inc., d/b/a Kay Jewelers, P.O. Box 3680, Akron, OH 44309-3680, its subsidiaries and affiliates, and any person to whom this Agreement and/or any amount due on this Account may be assigned. "Account" means your Kay Jewelers Account, which will be governed by this Agreement. "Authorized User" means any person you permit to use your Account or who has apparent authority to do so. "Card" means any access device or method by which the Account may be accessed, including the Account number.
1. Promise to Pay: You promise to pay us for all credit extended on this Account and all other amounts owed to us under the terms of this Agreement. You are responsible for any charges you make and any charges made by anyone else you have authorized to use this Account. You are also responsible for the use of each Card issued on this Account according to the terms of this Agreement. You may request additional Cards on this Account for yourself or others and you may permit an Authorized User to have access to the Card or Account number. However, if you do so, you must pay us for all charges made by those persons. See Paragraph 24 for details. When you sign the Application for this Account, you will be agreeing to everything written here. Therefore, before you sign the Application, you should read this entire Agreement, which includes the cost-of-credit disclosures required by federal law. The information you provide on the Application that identifies you is incorporated in this Agreement by reference. This Agreement will not be effective until we approve your Application.
2. Balances: Each transaction or group of transactions subject to the same terms (such as the APR) shall be considered part of the same balance. The balance subject to the Regular APR and the other regular terms set forth in this Agreement is your Account's regular balance. We calculate your total regular balance each billing cycle by taking the regular balance for the prior billing cycle, adding any regular purchases, fees, finance charges, and other debits, and subtracting any payments or other credits, as of the closing date for that billing cycle. Balances subject to promotional terms are promotional balances. We calculate the total of any promotional balance by adding any promotional purchases for that balance and subtracting any payments allocated to that promotional balance or other credits. We also may establish other balances, such as a Delinquency Balance pursuant to Paragraph 9, as required. We calculate the total of any such balance by adding any debits to the balance and subtracting any payments allocated to the balance or other credits. You authorize us to allocate any payment or credit among your regular, promotional, and other balances in any manner, including in a manner that may be beneficial to us, such as allocating payments to your regular balance before payments are allocated to your promotional balances. The total of your regular balance and any promotional or other balances is the "New Balance" shown on your statement. The "Balance Payable To Avoid Further Finance Charges" shown on your statement is your New Balance less any portion of a promotional balance for which payment is not required to avoid the imposition of finance charges.
3. Your Regular Annual Percentage Rate: If periodic finance charges are assessed during a billing cycle, we will use the following Annual Percentage Rate (the "Regular APR") and corresponding monthly periodic rate, subject to any promotional terms and the terms of Paragraph 9:
If you reside in
the state of: | We apply the monthly periodic rate of: | ANNUAL
PERCENTAGE RATE |
| AL | 1.75% to $750.00
1.5% over $750.00 | 21%
18% |
| AR | 0.4583%* | 5.50% |
| CO, GA, IN, MS, OK, TN, TX, VT, WV, WY | 1.75% | 21% |
| HI, MA, MN, NC | 1.5% | 18% |
| NE | 1.75% to $499.99
1.5% for $500.00 and more | 21%
18% |
| All other states | 1.9083% | 22.9% |
*The rate in AR is a variable rate and is accurate as of December 2008. The rate is determined by adding 5% to the Federal Reserve Discount Rate as published in The Wall Street Journal. An increase in the Federal Reserve Discount Rate will take effect the day after the Discount Rate is increased. An increase in the Federal Reserve Discount Rate will increase your monthly periodic rate and Annual Percentage Rate and may increase your Finance Charges and minimum payment due on your Account. The applicable rate is the rate in existence at the time of purchase. The rate will continue to apply to the balance of that purchase until paid in full.
4. How to Avoid Finance Charges on your Regular Purchases: If you live in LA, ME, MD, MA, MN, MS, MT, NE, NM, NY, OR, RI, TX, VA, or VT, no periodic finance charge will be imposed in any billing period (a) in which there is no balance at the beginning of the billing period (the "Previous Balance" shown on your billing statement) or (b) in which payments received and credits issued within twenty-five (25) days after the closing date shown on your billing statement equal or exceed the balance at the beginning of the billing period. If we do not receive the full amount due (the "New Balance" shown on your billing statement) within twenty-five (25) days after the closing date shown on your statement, we will impose a periodic finance charge, calculated as explained in Paragraph 5. In all states except LA, ME, MD, MA, MN, MS, MT, NE, NM, NY, OR, RI, TX, VA, and VT, we will impose a periodic finance charge, calculated as explained in Paragraph 5. The periodic finance charge will be imposed on each billing statement, including the first statement you receive for new purchases or other charges. However, if the Previous Balance on that statement is zero or is a credit balance, you will avoid paying the periodic finance charge shown on that statement if we receive, within twenty-five (25) days after the closing date, your payment of the "Balance Payable To Avoid Further Finance Charges" shown on that statement.
5. Calculation of Finance Charges: We figure the periodic finance charge for each balance on your Account (regular, promotional, or other) by applying the applicable monthly periodic rate to the Average Daily Balance (including current transactions, except in MN and NM, where we exclude current transactions) for that balance. To get the Average Daily Balance for each balance, we take the beginning balance each day, add any new transactions (except we do not add in any new transactions in MN and NM) and subtract any payments or credits and any late fees, any returned check fees, or unpaid finance charges. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance. Any negative Average Daily Balance will be treated as zero. If a periodic finance charge is imposed and the total periodic finance charge that results from application of the above calculation to each balance is less than $0.50, we will impose a minimum periodic
FINANCE CHARGE of $0.50, except there is no minimum
FINANCE CHARGE in AR, DC, HI, IL, IA, MD, NE, NM, NC, and RI. You authorize us to round any calculation used to determine the periodic finance charge, including rounding that may cause minor variations in our favor. The applicable monthly periodic rate for a balance is the applicable Annual Percentage Rate divided by twelve (12).
6. Minimum Payment: You agree to pay at least the minimum payment shown on your billing statement on or before its due date. Your total minimum payment is the sum of any minimum payment for your regular balance, for any promotional balance, and for any other balance. We base your minimum payment for your regular balance on the highest New Balance on your Account since the New Balance was last reduced to zero (the "Highest New Balance"). Your Account is considered to be zero when opened or when there is a credit balance. We will refigure the minimum payment if a subsequent return is made, and the New Balance is below the highest New Balance, or if a subsequent purchase increases the New Balance above the previous highest New Balance. The minimum payment for your regular balance will be calculated as follows:
| Highest New Balance | Minimum Payment Rounded
Up to the Nearest $5.00 Increment |
| $0 to $265.00 | $25.00 |
| $265.01 to $500.00 | 10% of Highest New Balance |
| $500.01 to $750.00 | 9% of Highest New Balance |
| $750.01 to $1,500.00 | 7% of Highest New Balance |
| $1,500.01 to $2,500.00 | 6% of Highest New Balance |
| $2,500.01 & Up | 5% of Highest New Balance |
If your billing statement shows a promotional balance (such as a "No Finance Charge Option" balance, a "Reduced Finance Charge Rate Option" balance, and/or an "Eighteen (18) Month Option" balance), the minimum payment for this balance shall be calculated as specified in Paragraph 7. A separate minimum payment will be shown for each promotional balance on your billing statement, along with a combined total required minimum payment for your Account. There shall be no separate, additional minimum payment component for a non-regular, non-promotional balance unless we provide you notice of such a requirement.
7. Promotional Terms: If any single purchase is designated as purchased under one of the three promotional payment plans below, and each required minimum payment is received by us by the due date shown on your billing statement, then the promotional terms of the specified plan will apply. If any required minimum payment is not received by its due date shown, finance charges will be imposed under our regular terms as provided in Paragraph 5 from the date of promotional purchase.
No Finance Charge Option: No finance charge will be imposed on "No Finance Charge Option" plan purchases, subject to the conditions in this Paragraph 7. The required minimum promotional payment will be the promotional balance for this plan divided by the number of months during which the "No Finance Charge Option" plan is offered, rounded up to the nearest $5.00. However, the minimum payment will be not less than $25.00 or $40.00, depending on the specific terms of the promotion, which may shorten your repayment period.
Reduced Rate Option: Subject to the conditions in this Paragraph 7, a reduced Annual Percentage Rate for purchases will be imposed on the balance for "Reduced Rate Option" plan purchases for the duration of the "Reduced Finance Charge Rate Option" period, as specified in the specific terms of the promotion. Your minimum payment will be not less than the amounts specified in Paragraph 6, which may shorten your repayment period. At the end of the "Reduced Finance Charge Rate Option" period, finance charges will be assessed on any remaining balance pursuant to your regular terms.
Eighteen (18) Month Option: Subject to the conditions in this Paragraph 7, no finance charges will be imposed on "Eighteen (18) Month Option" plan purchases for the first twelve (12) months, and a reduced or standard Annual Percentage Rate for purchases will be imposed on the remaining balance for such purchases for six (6) additional months. The required minimum promotional payment will be the financed amount divided by eighteen (18) and then multiplied by 1.030 rounded up to the nearest $5.00. However, the minimum promotional payment will not be less than $150.00 or $250.00, depending on the specific terms of the promotion, which may shorten your repayment period.
8. Payments: In order to be credited as of a particular day, your payment must be received in the form specified in the instructions on your billing statement. A nonconforming payment may be delayed up to five (5) days. Do not send cash payments. We can accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without losing any of our rights under this Agreement. You agree to pay us in U.S. dollars drawn on funds on deposit in the United States using a check or similar instrument that will be processed and honored by your bank.
9. Default APR: In all jurisdictions except AL, AR, CO, GA, HI, IN, MA, MN, MS, NE, NC, OK, TN, TX, VT, WV, and WY, where this provision will not apply, if we fail to receive at least your required minimum payment by the due date shown on your statement in two consecutive billing cycles, beginning on the first day of the next billing cycle, we will compute your finance charges by applying an
ANNUAL PERCENTAGE RATE of 24.99% (which equates to a monthly periodic rate of 2.0825%), except in DC and MD the
ANNUAL PERCENTAGE RATE will be 24.0% (which equates to a monthly periodic rate of 2.0%) ("Default APR"), to the balance attributable to purchases made before the higher rate is applied. We will apply the Default APR to the balance attributable to purchases made before the Default APR begins to be applied (the "Delinquency Balance"). The Default APR will continue to apply to your Delinquency Balance until it is reduced to zero. We will continue to apply the Regular APR set forth in Paragraph 3 to the balance(s) attributable to purchases made after the Default APR begins to be applied.
10. Disputed Amounts and Legal Notices: All notices relating to legal actions, including bankruptcy notices, must be sent to us at P.O. Box 1799, Akron, OH 44309-1799. Legal notices sent to any other addresses will not satisfy any legal requirement that you provide notice to us.
11. Arbitration for Disputes - No Jury Trials or Class Actions: This paragraph describes how all Claims (as defined in sub paragraph A below) will be arbitrated on an individual (non-class, non-representative) basis instead of litigated in court at the election of you or us.
A. The term "Claim" means any claim, dispute, or controversy between you and us arising from or relating to your Card, your Account, or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability, or scope of this arbitration provision or the Agreement. Claims arising in the past, present, or future, including Claims arising before the opening of your Account, are subject to arbitration. For purposes of this arbitration provision, "you" and "us" also includes any corporate affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors, and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims". "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims, and claims based upon contract, tort, fraud, and other intentional torts, statutes, regulations, common law, and equity. Claims and remedies sought as part of a class action, private attorney general action, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. "Claim" also includes claims by or against any third party relating to or arising from your Card, your Account, or this Agreement. The term "Claim" is to be given the broadest possible meaning that will be enforced. "Administrator" means the American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879; JAMS, 1920 Main St., Suite 300, Irvine, CA 92614, www.jamsadr.com, (949) 224-1810; or the National Arbitration Forum, 45 Broadway, 28th Floor, New York, NY 10006, www.arb-forum.com, (800) 352-5267, as the case may be.
B. We OR you have the right to require that each Claim be resolved by arbitration on an individual (non-class, non-representative) basis. A Claim will be arbitrated if (1) both we and you or (2) only one or the other of we or you, exercise the right to require that the Claim be arbitrated. If, for example, we exercise our right to require that the Claim be resolved by arbitration but you do not also exercise your right to require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we nor you request arbitration, the Claim will not be resolved by arbitration and instead will be litigated in court. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards or decisions is limited to you and us alone. Furthermore, Claims between you and us may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. However, applicants, co-applicants, authorized users on a single Account, or corporate affiliates are considered one person for the purposes of this rule. No arbitration award will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act ("FAA") (9 U.S.C. §1, et seq.).
C. If we or you request arbitration of a Claim, we and you will not have the right to litigate the Claim in court. This means (1) there will be no jury trial on the Claim, (2) there will be no pre-arbitration discovery except as the Administrator's rules permit, and (3) no Claim may be arbitrated on a class-action, private attorney general, or other representative basis, and neither we nor you will have the right to participate as a representative or member of any class or group of claimants pertaining to any Claim subject to arbitration. D. The party initiating an arbitration shall select an Administrator from the organizations listed above. The arbitration shall be governed by the procedures and rules of the Administrator and this Agreement, which need not apply federal, state, or local rules of procedure and evidence. The Administrator's procedures and rules may limit the discovery available to you or us. You can obtain a copy of an Administrator's procedures and rules by contacting the Administrator. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the Administrator. In the event of any conflict or inconsistency between this arbitration provision and the Administrator's rules or other provisions of this Agreement, this arbitration provision will govern. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. Arbitration hearings for Claims by or against you will take place in the federal judicial district in which you reside. If you make a request to us in writing, we will temporarily advance to you the filing, administrative, and hearing fees for the arbitration of your Claim against us (but not if the Claim is against you) in excess of any filing fee you would have been required to pay to file the Claim in a state or federal court (whichever is less) in the judicial district in which you reside. At the end of the arbitration, the arbitrator will decide if you have to repay the advance (and if you do have to repay, you agree to do so). Unless applicable law requires otherwise, we will pay our, and you will pay your, lawyers', experts', and witnesses' fees. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award.
E. Judgment upon the arbitrator's award may be entered in any court with jurisdiction. The arbitrator's decision will be final and binding, except (1) for any appeal right under FAA or (2) if the arbitrator's award is more than $100,000.00, you or we may appeal it to a three-arbitrator panel, which will decide the appeal by majority vote. The appealing party will pay the appeal costs. This agreement to arbitrate shall survive any suspension, termination, revocation, or closure of the Agreement or your Account, and any bankruptcy to the extent consistent with applicable bankruptcy law.
F. If any part of this arbitration provision cannot be enforced, the rest of the arbitration provision will continue to apply. However, an arbitrator cannot enlarge his or her authority over the adjudication of Claims beyond that provided by this arbitration provision by enforcing only part of this arbitration provision. If an arbitrator determines that applicable law requires this arbitration provision to be enforced in a way that would result in greater authority over Claims than otherwise allowed, such as the adjudication of claims on a class or representative basis, then the arbitrator must decline to hear the dispute and shall refer the parties to a court or other body with sufficient authority. In the event of any conflict or inconsistency between this arbitration provision and the Administrator's rules or other provisions of this Agreement, this arbitration provision will govern.
12. Fees: A. Returned Check Fee: If any check, instrument, or electronic authorization used to pay an amount you owe is not honored upon first presentment (for residents of MD, second presentment), even if the check, instrument, or electronic authorization is later honored, we may charge you a reasonable processing fee of $30.00, subject to the following exceptions:
| State | Returned Check Fee |
AZ, AR, CO, FL, IL, KY, LA, MI, NV,
NC, ND, OK, OR, RI, SC, WV | $25.00 |
| CA, MD, MO, TX | $15.00 |
| CT, HI, ID, IN, IA, NJ, NY, TN, UT | $20.00 |
| DE, MA, NE, NM, PA, VT, WY | None |
We will add any returned check fee to your Account's regular balance.
B. Late Fee: If we do not receive your minimum payment within five (5) days (ten (10) days in AL, AZ, CO, DC, FL, GA, HI, ID, IL, IN, KS, KY, LA, MI, MN, MO, NE, NJ, NY, OK, SC, WV, and WY; fifteen (15) days in CA, MA, and ME; twenty-one (21) days in TX; thirty (30) days in NC; forty (40) days in RI) after its due date, we will impose a late fee in the amounts below:
| State | Late Fee |
| AK, AR, CT, HI, MD, MI, MN, MS, NV, NH, NY, ND, OH, OR, PA, SD, VA, WI | $39.00 (except $29.00 if the outstanding balance is $1,000.00 or less) |
| AL | 5% of amount past due but not more than $100.00 and not less than $10.00 |
| AZ, KS | $10.00 (except $5.00 if the minimum payment is $25.00 or less) |
| CA, CO, DC, IA, LA | $15.00 |
| DE, MT, NM, TN, VT | None |
| FL, NJ, TX | $10.00 |
| GA | $18.00 |
| ID | Greater of 5% of amount past due or $15.00 |
| IL, KY, WY | Greater of 5% of amount past due or $10.00 |
| IN | $16.50 The amount of the late payment fee is subject to change as provided in IN Code § 24-4.5-1-106. |
| MA | Lesser of 10% of outstanding balance or $10.00 |
| ME | Lesser of 5% of amount past due or $10.00 |
| MO | $10.00 (except $5.00 if the minimum payment is less than $25.00) |
| NC | $10.00 (except $5.00 if the outstanding balance is under $100.00) |
| NE | Greater of 5% of amount past due or $5.00 |
| OK | 5% of amount past due but not more than $20.00 and not less than $5.00 |
| RI | $12.00 |
| SC | The maximum late fee allowed by law, which is currently 5% of amount past due, but not more than $14.50 and not less than $5.80. The amount of the late fee is subject to change as provided in SC Code § 37-1-109. |
| UT | Greater of 5% of amount past due or $30.00
|
| WA | $39.00 (except 10% of the average daily balance for prior 30-day period, but not less than $2.00, if the balance is less than $100.00) |
| WV | Lesser of 5% of amount past due or $15.00 |
We will add any late fee to your Account's regular balance.
13. Security Interest: You grant us a purchase money security interest in each item of merchandise purchased on your Account to secure its unpaid purchase price (except in CT, MO (on any purchase under $150.00), and NY (on any purchase under $200.00)) until such item of merchandise is paid for in full (in NY, not to exceed five (5) years from date the purchase is posted to your Account). Solely for the purpose of determining the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to any unpaid insurance premium, next to any unpaid Late Fees, any unpaid Returned Check Fees, and any unpaid Finance Charge, then to pay off each purchase in the order in which the purchase was made. For the purpose of determining the amount owing on your Account balances, payments will be credited as explained in Paragraph 2 above.
14. Default/Collection Costs: If you fail to pay any minimum payment when due, or if the prospect of payment, performance, or realization of collateral is significantly impaired, to the extent permitted by applicable law it will be a default, and, subject to any right you may have under state law to receive notice of and to cure such default, we may declare the entire unpaid balance on the Account due and payable (except in WI you will not be in default until you fail to make a minimum payment on two occasions within a twelve (12) month period). We also may repossess any article of merchandise in which we still retain a security interest, but we will do so only in the manner and to the extent permitted by applicable law. If the Account is referred to an attorney who is not our salaried employee and we bring a suit against you to collect the amount you owe, in addition to the full amount owed and any court costs, you agree to pay our reasonable attorney's fees of 15% of the total amount due (10% of any amount due in AR, 10% of any amount due over $500.00 in NJ, and 10% of any amount due of $3,800.00 or less in OK), or such lesser amount as may be permitted by applicable law. No attorney's fees will be imposed in AL (when the unpaid balance is under $300.00), DC, IA, KS, ME, NE, OH, SD, WV, and WI, or in any state, or in any amount, where not permitted by law. In the states of CA, CT, DE, NH, and PA, we will pay your reasonable attorney's fees if you prevail in a suit we bring against you or if you prevail in a suit you bring against us under this Agreement. Notice to New Hampshire Residents: If you successfully assert a partial defense or counterclaim, the court may withhold part or all of any attorney's fees to which we may be entitled.
15. Canceling or Limiting Your Credit/Credit Cards: You have the right to cancel your Account at any time, for any reason. You will still be liable for any balances owed. We may limit or terminate the use of your Account and/or raise or lower your credit limit at any time and for any reason without advance notice to you. Some purchases will require our prior authorization, in which case you may be asked to provide identification. If our authorization system is not working, we may not be able to authorize a transaction, even if you have sufficient available credit. We will not be liable to you if this happens. We are not responsible for the refusal of anyone to accept or honor a Card associated with this Account. All Cards we issue remain our property and, if requested, you agree to return any Card issued to you. Your credit limit with us may be reduced by the amount of credit purchases you make at other retail jewelers that are affiliated with us. To request the names of the other retail jewelers that are affiliated with us, please call our Credit Customer Service Department at 1-800-877-3616 or 1-330-668-5000, Ext. 6867. You may request an increase in your credit line at any time by writing to us at P.O. Box 3680, Akron, OH 44309-3680 or calling us at the number included in your billing statement for such inquiries.
16. Change in This Agreement: We may change any term of this Agreement, including any Annual Percentage Rate or fee, as well as add and/or subtract terms, by furnishing you notice of the change to the extent required by law. If permitted by applicable law, any new terms may at our option be applied to any balance existing on the Account at the time of change, as well as to any subsequent transactions.
17. Credit Investigation: You authorize us to investigate your credit history by obtaining consumer reports and by making direct inquiries of businesses where you have accounts and where you work. We may request a consumer report from consumer reporting agencies in considering your application for this Account and later in connection with an update, renewal, extension of credit, or collection of the Account. Upon your request we will disclose whether a consumer report was requested and the name and address of any consumer reporting agency that furnished the report.
We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected on your credit report. If you believe that we have reported inaccurate information to a credit reporting agency, write to us at the Customer Service address listed on your billing statement and we will investigate the matter.
18. No Waiver by Us: We may, without notice to you, delay or refrain from enforcing our rights under this Agreement without losing them (e.g., we may extend the time to make some payments without extending the time to make other payments, accept late or partial payments without waiving our right to have future payments made when they are due, and/or waive any charge or fee without losing our right to impose that charge or fee when it is due under this Agreement).
19. Telephone Monitoring, Recording, and Calls: We treat every customer call confidentially. To assure that you receive the best possible customer service, and that our employees are complying with our policies and all applicable laws, your calls with us may be monitored and/or recorded. You agree that you have an established business relationship with us and may be contacted from time to time regarding your Account and products and services that we believe may be of interest to you. You further agree that all of our contacts with you are not unsolicited, and may be made with an automated dialing and announcing or similar device. You also agree that we contact you at any telephone number you provide to us, whether a residential number or a wireless, cellular, or mobile number.
20. Governing Law: This Agreement and your Account and any claim, dispute, or controversy arising from or relating to this Agreement or your Account, are governed by federal law, and to the extent that state law applies the law of the state of your billing address when this Account was opened will govern this Agreement (without regard to conflicts of laws principles), unless we receive written notice that you have moved to another state pursuant to Paragraph 21. If we receive notice of a change in your billing address, except for any Annual Percentage Rate (and corresponding monthly periodic rate) applicable to any outstanding balance, the terms applicable to the state of your new billing address will apply to all balances on your Account after we receive written notice of your new address. Any Annual Percentage Rate (and corresponding monthly periodic rate) applicable to a balance outstanding prior to notification of a change in billing address will continue to apply to such balance until it is paid off.
21. Change of Address: You agree to notify us promptly in writing if you move from your billing address. Until we receive written notice of your new billing address, we will continue to send billing statements and other notices to the address we have on file for your Account. Subject to Paragraph 20, we deem you to reside at the billing address we have on file for the purpose of applying terms that vary with your state of residence.
22. Assignment: We may sell, transfer, or assign our rights or obligations under this Agreement without prior notice to you. You may not sell, transfer, or assign your rights or obligations under this Agreement or your Account.
23. Liability for Unauthorized Use: You agree to notify us promptly if your Card is lost or stolen, or of the unauthorized use of your Card, by writing to us at Kay Jewelers, P.O. Box 3680, Akron, OH 44309-3680 or by calling us at 1-800-877-3616. If you orally give us notice, you agree to confirm in writing. You may be liable for unauthorized use of your Card prior to your notification of us. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or unauthorized use and, in any case, your liability will not exceed $50.00.
24. Authorized Users: You may request additional Cards on your Account and you may permit an Authorized User to have access to a Card. However, if you do, you are responsible for all charges made by the Authorized User, including charges for which you may not have intended to be responsible. You must notify us to revoke an Authorized User's permission to use your Account. If you do so, we may close the Account and issue a new Card or Cards with a different Account number.
Notice to District of Columbia Residents: A financial benefit inures to the seller by way of commission or rebate resulting from your purchase of Credit Insurance coverage on this Account.
Notice to Florida Residents: The Annual Percentage Rates shown above are authorized by Chapter 655 of the Florida Statutes.
Notice to Maryland Residents: This Account is governed by Subtitle 9, Title 12 of the Maryland Commercial Law Article.
Notice to Michigan Residents: The seller retains a security interest in the subject matter of this Agreement. Notice to Texas Residents: The Regular APR shown above is authorized by the Market Competitive Rate ceiling that is in effect under Tex. Fin. Code Ann. § 345.152. To contact Kay Jewelers about this Account, call 1-800-877-3616. This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, TX 78705-4207, Phone 1-512-936-7600 or 1-800-538-1579. Contact the Commissioner relative to any inquiries or complaints.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO THE BUYER: 1. DO NOT SIGN THE APPLICATION AND/OR THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS CREDIT AGREEMENT. 3. YOU MAY AT ANY TIME PAY THE TOTAL BALANCE OUTSTANDING UNDER THIS AGREEMENT WITHOUT INCURRING ANY ADDITIONAL CHARGE. 4. KEEP THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. 5. YOU MAY UNDER CERTAIN CIRCUMSTANCES REDEEM THE PROPERTY, IF REPOSSESSED BECAUSE OF YOUR DEFAULT, AND YOU MAY, UNDER CERTAIN CONDITIONS, REQUIRE A RESALE OF THE PROPERTY REPOSSESSED. 6. THE SELLER HAS NO RIGHT TO UNLAWFULLY ENTER YOUR PREMISES OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT. ADDITIONAL NOTICE FOR MASSACHUSETTS AND WASHINGTON RESIDENTS: 7. YOU MAY CANCEL A PURCHASE UNDER THIS AGREEMENT IF IT HAS BEEN SIGNED BY A PARTY THERETO AT A PLACE OTHER THAN THE ADDRESS OF THE SELLER, WHICH MAY BE HIS MAIN OFFICE OR BRANCH THEREOF; PROVIDED, YOU NOTIFY THE SELLER IN WRITING AT HIS MAIN OFFICE OR BRANCH, BY ORDINARY MAIL POSTED, BY TELEGRAM SENT, OR BY DELIVERY, NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING A PURCHASE UNDER THIS RETAIL INSTALLMENT CREDIT AGREEMENT. YOU ACKNOWLEDGE RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CREDIT AGREEMENT.
| Buyer | Signature |
| Co-Buyer | Signature |
| Seller-Creditor | Mario Weiss |
Mario P. Weiss, Senior Vice President Credit Operations,
Sterling Jewelers Inc., d/b/a Kay Jewelers,
P.O. Box 3680, Akron, OH 44309-3680 |
Your Billing Rights - Keep This Notice For Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify Us In Case Of Errors Or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us (on a separate sheet) at the address for billing inquiries listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment you must tell us at least three business days before the automatic payment is scheduled to occur.
Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within thirty (30) days unless we have corrected the error by then. Within ninety (90) days we must either correct the error or explain why the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill; and, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.
If we do not follow these rules, we cannot collect the first $50.00 of the questioned amount, even if your bill was correct.
Special Rule For Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right:
(a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.
Kay Jewelers Credit Card Privacy Policy
We collect nonpublic personal information about you from the following sources:
(a) information we receive from you on applications or other forms; (b) information about your transactions with us; and (c) information we receive from consumer reporting agencies. We may disclose all the information we collect to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. If you reside in CA, we do not disclose your information pursuant to joint marketing agreements. If you reside in VT, we may share only your name and contact information pursuant to joint marketing agreements. Otherwise, we do not disclose any nonpublic personal information about you (or about any current or former customer) to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order for us to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
