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GE CAPITAL CONSUMER CARD CO. CREDIT CARD AGREEMENT RETAIL INSTALMENT CREDIT AGREEMENT Nonnegotiable Consumer Note
1. GENERAL. This Agreement ("Agreement") governs the use of your Jewelry Accents credit card account (your "Account"). Please read and keep this Agreement for your records. In this Agreement and in your billing statement ("Statement"), "we", "us", and "our" refer to GE Captial Consumer Cardo Co., 5300 Kings Island Drive, Mason, OH 45040, our assignees, or other holders of this Agreement or your Account. "You" and "your" refer to all persons who are approved by us to use the Account. "Card" refers to your Jewelery Accents Credit Card. The effective date ("Effective Date") of this Agreement will be the earlier of (i)the date you submit an Account application that is approved by us, or (ii) the first date that you or someone authorized by you uses the Account [in NY, the first date that you or someone authorized by you signs a sales slip or memorandum indicating a Purchase (as defined herein) on the Account]. You may use your Card to make Purchases on credit from time to time under your Account, up to any credit limit we may establish for your Account (your "Credit Limit"). We reserve the right to decline to authorize any Purchase or to change your Credit Limit at any time. You agree to use your Account only for personal , family or household purposes.
2. PROMISE TO PAY. When you submit your Application for this Account, you agree to be bound by this Agreement. You promise to pay us for all credit that we extend on your Account for purchases (including mail, internet, catalog and phone orders, if any) of goods or services ("Purchase(s)") and all other amounts owed to us under the terms of this Agreement. If your Account is a joint Account, (i) each of you is bound by this Agreement; (ii) each of you may use the Account, up to any Credit Limit; and (iii) each of you jointly and individually promises to pay us, and may be held liable for, all amounts owed to us on your Account.
3. FINANCE CHARGES:
4. BALANCE SUBJECT TO FINANCE CHARGE. We may assess a Finance Charge on your Account in each billing period. We figure the Finance Charge on your Account separately for non-promotional Purchases and for each Special Payment Plan under which you make Purchases using one of the methods described below. In all states except PR, we figure the Finance Charge using the "Two-Cycle Average Daily Balance (including new Purchases)" method. Under this method, the Finance Charge is the sum of the "Finance Charge on Current Billing Period Balances" and, under the circumstances described in Section 4.B, the "Finance Charge on Previous Billing Period Purchases":
In PR, we figure the Finance Charge using the "Average Daily Balance (including new Purchases)" method. To get the Average Daily Balance, we take the beginning balance in your Account each day in the billing period (excluding billed but unpaid Finance Charges, fees and insurance premiums), add any new Purchases and subtract any payments or credits. This gives us the daily balance. Any daily balance of less than zero will be treated as zero. Then we add all of the daily balances for the billing period together and divide th total by the number of days in the billing period. This gives us the "Average Daily Balance." Finally, to get the Finance Charge, we multiply the Average Daily Balance by the monthly periodic rate.
5. WHEN FINANCE CHARGES BEGIN TO ACCRUE: In all states except PR, unless for each billing period you pay your New Balance, including any balance of Purchases made under any Special Paymnent Plan, in full on or before the Payment Due Date, Purchases and other debits will incur a Finance Charge from the date of the transaction (or, at our option, from the date they are posted to your Account).
In PR, no Finance Charge will be assessed during a billing period if (a) there is not outstanding balance on your Account at the beginning of the billing period or (b) the sum of your payments and credits made during the billing period is at least equal to the outstanding balance on your Account, including any balance of Purchases made under any Special Payment Plan, at the beginning of that billing period. If either (a) or (b) applies, new Purchases will not incur a Finance Charge in the billing period when they are made or if the entire outstanding balance, including any balance of Purchases made under any Special Payment Plan, for that billing period is paid by the Payment Due Date for that billing period. If neither (a) nor (b) above applies during a billing period, new Purchases and other debits will incur a Finance Charge from the date of the transaction or, at our option, from the date they are posted to your Account.
6. PAYMENTS. Unless otherwise provided for in a Special Payment Plan, when there is a New Balance shown on your Statement, you agree to pay at least the Minimum Payment called for on that Statement, in time for receipt by us by the Payment Due Date shown on the Statement. Your Minimum Payment will be the greater of $10.00 or 3% of the New Balance, rounded to the next lowest dollar. In addition, your Minimum Payment will also include any past due amounts. However, when the New Balance is less than $10.00, you must pay us the New Balance.
You may at any time pay the entire balance in full or more than the Minimum Payment. All payments, except Disputed Payments (as defined below), must be mailed or delivered to us at the address shown on your Statement (the "Payment Address"). Any payments received after 5:00 p.m. on any business day will be credited on the next business day. Credit to your Account may be delayed up to five days if payment is (a) not received at the Payment Address, (b) not made in U.S. dollars drawn on a U.S. financial institution located in the U.S., or (c) not accompanied by the top portion of your Statement. Delayed crediting may cause you to incur a Late Payment Fee, additional Finance Charges or may cause your Account to be subject to the Delinquency Rate. Although we post your payments in the manner described above, in certain limited circumstances, your available Credit Limit may not be restored for up to ten days (or longer, in rare circumstance) after we receive your payment. All credits for payments to your Account are subject to final payment by the institution on which the item of payment was drawn.
Except as specified in paragraph 8 below with respect solely to the determination of the extent of our purchase money security interest and subject to any requirements of applicable law, we reserve the right to select the method by which payments and credits are allocated to your Account in our sole discretion. Depending on how you use your Account, such as when you make payments, the amount of your payments and the types of transactions you make, the particular payment allocation method that we use may result in higher amounts of Finance Charges on your Account.
All written communications concerning disputed amounts, including any check or other payment instrument that (i) indicates that the payment constitutes "payment in full" or is tendered as full satisfaction of a disputed amount, or (ii) is tendered with other conditions or limitations ("Disputed Payments"), must be mailed or delivered to us at the address for billing inquiries shown on the Statement, not the Payment Address.
7. FEES.
8. SECURITY INTEREST. Except in CT, GA (on purchases of clothing, softwares, and other non-durable items), MO (on any merchandise under $150), NC, NY (on any merchandise under $200), and PR, you grant us a purchase money security interest in each item of merchandise purchased on your Account to secure its unpaid purchase price until such merchandise is paid in full (in NY, not to exceed five years from the date the merchandise 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, and subject to the requirements of applicable law, your payments will be allocated first to Finance Charges on the Account, and then to pay off each Purchase on the Account in the order in which the Purchase was made (if more than one item was purchased on the same day, your payments will be allocated to pay off the lowest priced item first). Additionally, if you made a Purchase pursuant to a credit promotion involving the avoidance of Finance Charges and that Purchase in included on Statements during the promotional period, we also will allocate to such promotional Purchase the same payments referred to in the immediately preceding sentence if those payments are received during the period starting with the initial billing of the promotional Purchase until the expiration of the promotional period. For purposes of determining the amount owing on your Account, payments will be credited only once at the time of payment to the then-outstanding balance of your Account. We agree that no security interest is or will be retained or acquired under the Agreement in any real property which is used or is expected to be used as your dwelling (and in NY, in any motor vehicle or in any goods likely to be affixed to a motor vehicle or real property so as to become a part thereof).
9. SPECIAL PAYMENT PLANS. From time to time you may be offered special promotional terms which (subject to specified conditions) reduce the cost of credit under this Agreement or otherwise modify the terms of this Agreement with respect to certain Purchases on your Account ("Special Payment Plans"). The standard provisions of this Agreement apply to any Special Payment Plan, unless otherwise provided under the Special Payment Plan offering, and will continue to apply to any and all transactions that are not subject to a Special Payment Plan. We may, without prior notice, terminate your participation in any Special Payment Plan if you are in default under this Agreement. Default includes, but is not limited to, any payment delinquency whether or not such delinquency relates to a Special Payment Plan. In the event of termination of your participation in any Special Payment Plan: (i) each remaining balance will not be treated as a Special Payment Plan Purchase and will be subject to the standard provisions applicable to such Purchases; and (ii) finance charges accrued on the Special Payment Plan balance from the date of purchase, if any, may be added to your balance.
10. TERMINATION/CHANGE IN TERMS. You may at any time terminate this Agreement. We may, at any time and subject to applicable law: (a) terminate this Agreement; (b) terminate your right to make future Purchases; (c) change your Credit Limit; or (d) change or delete any term or condition of, or add new terms to, this Agreement relating to your Account. Unless prohibited by applicable law, we may apply any changed or new terms to any outstanding balance of your Account on the effective date of the change and to any future balances created after that date. When required by applicable law, we will mail a notice of any change(s) or addition(s) to you. Upon any termination of this Agreement you will continue to be obligated to pay all amounts owing under, and to otherwise perform the terms and conditions of, this Agreement.
11. DEFAULT. Subject to the limitations of applicable law, we may declare that you are in default under this Agreement if you (a) fail to make at least the Minimum Payment when due; (b) violate any other terms of this Agreement; or (c) become the subject of a bankruptcy or insolvency proceeding. After you r default or your death, and subject to the limitations of applicable law, we have the right to: (i) reduce your Credit Limit: (ii) terminate your Account, in which case the terms of this Agreement will apply until full payment is received of the amount owing on your Account, including Finance Charges which we will continue to impose to the date of full payment; (iii) require immediate payment of your entire Account balance, including Special Payment Plan balances, all accrued but unpaid Finance Charges, and all fees and other charges listed in this Agreement; (iv) bring an action to collect all amounts owed; and (v) take any action allowed by law. If, after your default, we refer your Account for collection to an attorney who is not our salaried employee, we may, to the extent permitted by applicable law, charge and collect from you our collection costs, including court costs and reasonable attorneys' fees.
12. LIABILITY FOR UNAUTHORIZED USE. The Card is issued to you by us at your request and you agree to destroy it upon demand. You may be liable for the unauthorized use of the Card. You agree to promptly notify us if your Card is lost or stolen or of possible unauthorized use of your Card by writing to P.O. Box 276, Dayton, OH 45401-0276 or by calling us at 1-800-333-1071. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use and, in any case, your liability for unauthorized use will not exceed $50 (In NY, you will have no liability for unauthorized use of the Card prior to the Effective Date). If you orally give us notice concerning loss or theft, you agree to confirm it in writing. You agree that unauthorized use does not include use by a person whom you have given authority to use the Account or Card and that you will be liable for all use by such a person. To terminate that authority, you must notify us at 1-800-333-1071.
13. CREDIT REPORTS AND ACCOUNT INFORMATION. You give us permission to request information and to make whatever inquiries we consider necessary and appropriate (including obtaining information from third parties and requesting consumer reports from consumer reporting agencies) for the purpose of considering your application for this Account and subsequently, in connection with any updates, renewals or extensions of credit or reviewing or collecting your Account. You also authorize us to report information concerning you or your Account, including information about your performance under this Agreement, to consumer reporting agencies and others who may properly receive such information. If you believe that we have reported inaccurate information about you to a consumer reporting agency, please contact us at P.O. Box 276, Dayton, OH 45401-0276. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please send us a copy of that report to us as well. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a consumer reporting agency if you fail to fulfill the terms of this Agreement.
14. USE OF INFORMATION ABOUT YOU AND YOUR ACCOUNT. You authorize and direct us to furnish information about you and your Account to Jewelry Accents and to dealers that accept the Jewelry Accents Credit Card (and their respective affiliates) for use in connection with the Jewelry Accents Credit Card program, including to create and update their customer records for you, to assist them in better serving you, and to provide you with notices of special promotions, catalogs and tailored offerings.
In addition, you agree to the use of information about you and your Account described in the Privacy Policy. The Privacy Policy is made a part of this Agreement and is enclosed or attached hereto.
15. TELEPHONE MONITORING. We treat every customer call confidentially. To ensure that you receive accurate and courteous customer service, on occasion your call may be monitored by other employees and you agree to any such monitoring. A license to use observing equipment has been obtained from the Georgia Public Service Commission.
16. NO WAIVER BY US. We reserve the right, at any time and in our sole discretion, not to impose part or all of any fee or other amount imposed pursuant to this Agreement or not to exercise any of our other rights under this Agreement and, should we do so, we will not waive our right to impose such fee or other amount or exercise the right as set forth in this Agreement in the future. Without limiting the foregoing, we may, at our option: (a) accept late or partial payments or checks or money orders marked "payment in full" or tendered with other conditions or limitations, (b) agree to extend the due date of any payment due under this Agreement for any length of time, (c) release any security interest we have in connection with this Agreement, and/or (d) release any other person responsible under this Agreement, without notifying you and without releasing you from your obligation to pay all amounts owing under this Agreement in full, or to otherwise perform the terms and conditions of this Agreement.
17. CHANGE OF ADDRESS. You agree to notify us promptly if you change your address. Until we are notified that your address has changed, we will continue to send Statements and other notices to the last address we maintained on your Account. If your Account is a joint Account, each of you appoints the other(s) as your agent to designate the address to which the Statement (and any other notices) may be sent to you by us.
18. ARBITRATION PROVISION. This Arbitration Provision sets forth the circumstances and procedures under which a Claim or Claims (as defined below) may be arbitrated instead of litigated in court. This Arbitration Provision supersedes and replaces any existing arbitration provision between you and us. This Arbitration Provision does not apply in PR.
As used in this Arbitration Provision, the term "Claim" or "Claims" means any claim, dispute or controversy between you and us arising from or relating to this Cardholder Agreement (the "Agreement"), any prior agreement that you may have had with us or the relationships resulting from the Agreement or any prior agreement, including the validity, enforceability or scope of this Arbitration Provision, the Agreement or any prior agreement, "Claim" or "Claims" includes claims of every kind and nature, between you and us, including but not limited to initial claims, counterclaims, cross-claims and thir-party claims and claims based upon contract, tort, fraud and other intentional torts, constitutions, statute, regulation, common law and equity (including any claim for injunctive or declaratory relief). The term "Claim" or "Claims" is to be given the broadest possible meaning and includes, by way of example and without limitation, any claim, dispute or controversy between you and us that arises from or relates to (a) the credit card account ("Account") created by the Agreement or any prior agreement, or any balances on the Account, (b) the goods or services (including insurance or extended service contracts, if any) charged to the Account, (c) advertisements, promotions or oral or written statements related to the Account, goods or services financed under the Account or the terms of financing, (d) your application for the Account and (e) the origination or servicing of the Account or any prior agreement and the collection of amounts owed by you to us.
This Arbitration Provision will not apply to Claims previously asserted, or which are later asserted, in lawsuits filed before the effective date of this Arbitration Provision or any prior arbitration provision between you and us, whichever is earlier. However, this Arbitration Provision will apply to all other Claims, even if the facts and circumstances giving rise to the claims existed before the effective date of this Arbitration Provision.
Upon your or our delivery of a written notice to the other party, including a written notice after the commencement of a lawsuit or a notice contained in court filings in any such lawsuit, any Claim shall be resolved by arbitration pursuant to this Arbitration Provision and the applicable rules of either the American Arbitration Association ("AAA"), J.A.M.S. ("JAMS") or the National Arbitration Forum ("NAF") in effect at the time the Claim is filed. You may select one of these organizations to serve as the arbitration administrator if you initiate an arbitration against us or if either you or we compel arbitration of a Claim which the other party has brought in court. In addition, if we intend to initiate an arbitration against you, we will notify you in writing and give you 20 days to select one of these organizations to serve as the arbitration administrator; if you fail to select an administrator within that 20-day period, we will select one. In all cases, the arbitrator(s) should be a lawyer with more than 10 years experience or a retired judge. If for any reason the selected organization is unable or unwilling or ceases to serve as the arbitration administrator, you will have 20 days to select a different administrator form the above list; if you fail to select a different administrator within the 20-day period, we will select one. In all cases, with respect to Claims covered by this Arbitration Provision, a party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other party or parties.
We agree that we will not elect to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any; however, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE GREATER THAN THE FEES CHARGED BY A COURT.
There shall be no authority for any Claims to be arbitrated on a class action basis. Furthermore, Claims brought by or against one cardholder (or joint cardholders) may not be joined or consolidated in the arbitration with Claims brought by or against any other cardholder. Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will pay all fees up to $2,500 charged by the arbitration administrator for Claim(s) asserted by you in the arbitration, after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again.) If you are required to pay any fees in excess of $2,500 to the arbitration administrator ("additional fees"), we will consider a request by you to pay all or part of the additional fees. To the extent that we do not approve your request, if the arbitrator issues an award in your favor, we will still reimburse you for additional fees paid or owed by you to the arbitration administrator as follows: (1) in the case of additional fees calculated on the basis of the dollar amount of your Claim or the value of the relief you sought, we will reimburse you in an amount equal to the fees you would have paid if the dollar amount of your Claim or the value of the relief you sought had been the amount or value of the award granted in your favor and (2) in the case of other additional fees that were not calculated on the basis of the dollar amount of your Claim or the value of the relief you sought, we will reimburse you for the amount of such additional fees. However, if applicable law requires us to reimburse you for any greater amount(s), the applicable law will control. If the arbitrator issues an award in our favor, you will not be required to reimburse us for any of the fees we have previously paid to the administrator or for which we are responsible. Each party shall bear the expense of that party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or this Agreement gives a party the right to recover any of those fees from the other party. Notwithstanding the foregoing, if the arbitrator determines that any Claim or defense (or the amount of any Claim) is frivolous or is wrongfully intended to oppress the other party, the arbitrator may impose on the party making the frivolous or oppressive Claim or defense, and/or on such party's arbitration administration fees and attorney, expert and witness fees) as a result, to the extent such fees and expenses could properly be imposed on such party or counsel under Rule 11 of the Federal Rules of Civil Procedure and to the extent such imposition is consistent with applicable law.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. Sections 1 et seq. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the award. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered by the arbitration administrator which shall reconsider de novo any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, provided that we will consider in good faith any request for us to bear all or any part of such fees if you are the appealing party.
As solely used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean GE Capital Consumer Card Co., and its parents, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors.
This Arbitration Provision shall survive termination of your Account as well as the repayment of all amounts borrowed from us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern.
Contacting Arbitration Administrators If you have a question about the arbitration administrators mentioned in this Arbitration Provision or would like to obtain a copy of their arbitration rules or fee schedules, you can contact them as follows: American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879; Arbitration Rules for the Resolution of Consumer-Related Disputes (applicable to requests for arbitration filed by a consumer involving a claim under $10,000) or Commercial Arbitration Rules (for all other claims); J.A.M.S., 45 Broadway, 28th Floor, New York, NY 10006, www.jamsadr.com, (800) 352.5267. Financial Services Arbitration Rules and Procedures; National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371, Code of Procedure.
19. GOVERNING LAW. This Agreement and your Account and any claim, dispute or controversy arising from or relating to this Agreement or your Account, whether based on contract, tort, fraud and other intentional torts, statute, common law and/or equity, are governed by and construed in accordance with the laws of the State of Ohio (without regard to internal principles of conflicts of law), and applicable federal law. The legality, enforceability and interpretation of this agreement and the amounts contracted for, charged and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in Ohio. We make decisions about granting credit to you from, extend credit to you under this agreement from, and accept your payments in, Ohio.
20. ASSIGNMENT. We may sell, assign or transfer all or any portion of your Account or any balances due under your Account without prior notice to you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.
21. SEVERABILITY. If any provision of this Agreement is determined to be void or unenforceable under applicable law, rule, or regulation, all other provisions of this Agreement shall still be valid and enforceable.
22. ENTIRE AGREEMENT. This Agreement, together with any application you signed or otherwise submitted in connection with the Account (which is hereby incorporated by reference in this Agreement), constitutes the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. This Agreement may not be amended except in accordance with the provisions of this Agreement. It is not the intention of the parties that anything in this Agreement should result in the assessment of fees or charges in excess of those permitted by applicable law. If any fee or charge assessed under this Agreement is finally determined to be in excess of tha permitted by applicable law, the excess amount will be applied to reduce the outstanding balance in your Account or, if there is no outstanding balance, will be refunded to you.
FEDERAL AND STATE NOTICES
Service (finance) charges at rates not in excess of those permitted by law will be charged on outstanding balances from month to month.
MARYLAND RESIDENTS: Under section 12-510 of the Commercial Law Code, you have the right to receive an answer to a written inquiry concerning the status of your Account.
NEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
PUERTO RICO RESIDENTS: You may request a copy of this Agreement in Spanish.
NOTICE TO APPLICANT: (A) DO NOT SIGN THE APPLICATION/AGREEMENT BEFORE YOU READ IT OR IF THIS AGREEMENT CONTAINS ANY BLANK SPACES. (B) YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. (C) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS AGREEMENT WITHOUT INCURRING ANY ADDITIONAL CHARGE. (D) 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 IF REPOSSESSED. (E) THE SELLER HAS NO RIGHT TO UNLAWFULLY ENTER YOUR PREMISES OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT.
RETAIL INSTALMENT CREDIT AGREEMENT
Your signature on the application or sales slip for the initial purchase approved on this Account represents your signature on this Agreement and is incorporated by reference
Daniel M. Borchers Vice President, GE Capital Consumer Card Co. 5300 Kings Island Drive, Mason, OH 45040
Notice: The following is important information regarding your right to dispute billing errors.
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 shown on your Statement under billing inquiries. Write to us as soon as possible. We must hear from you no later than 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 reserve your rights.
In your letter, give us the following information:
Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe 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 finance charges related to any questioned amount. If we didn't 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 days telilng 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 don't follow these rules, we can't collect the first $50 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 serves. There are two limitations on this right:
These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.
IMPORTANT INFORMATION - PLEASE READ Jewelry Accents Consumer Credit Card Program GE Capital Consumer Card Co.
Privacy Policy
As a valued customer, we are committed to providing you with exceptional service and product offers. To do this, we rely on, and sometimes share with other parties, information about you. We want you to understand what information we collect, how we share it, and the steps we take to protect customer information. We also want you to understand the choice you have regarding our sharing of information with others.
This Privacy Policy applies only to consumer Jewelry Accents Credit Card Accounts of GE Capital Consumer Card Co. ("GE Card Services, "We" or "Us"). In this Policy, the term "Merchant" refers to both Jewelers of America and the members that accept the Jewelry Accents Credit Card.
Information We Collect - We collect personally identifiable information about you, other applicants, and authorized users for many reasons, including to help identify you, evaluate your application, service and manage your Account, and broaden our relationship with you (such as by offering you products or services that you may find valuable). We collect this information from a number of sources, including the following:
Information We Share with Others - We may use and share all of the information described above, subject to applicable law, with the following (these examples are not intended to be all-inclusive):
Our Security Procedures - The security of customer information is very important to us and we take a number of steps to safeguard it. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard nonpublic personal information about you. We limit access to personal and Account information to those employees and agents who assist us in providing products and services to you. Employees who fail to follow our established standards are subject to disciplinary action. We also require third parties to whom we disclose nonpublic personal information to adhere to this Privacy Policy and to establish information security procedures . Your Access to Information - We provide you access to information about your Account in several ways. For example, we send you monthly billing statements outlining your transactions, finance charges, and other Account information. You may also call the customer service telephone number if you have additional questions about your Account. For instructions on how to dispute billing information or information we have reported to a credit bureau, please see your credit card agreement or the reverse of your billing statement.
How This Policy Applies to You - The examples contained in this Privacy Policy are illustrations only, and are not intended to be all-inclusive. If you decide to close your Account or become an inactive customer, or if we close or suspend your Account, we will continue to adhere to the privacy policies and practices described in this notice to the extent we retain information about you. We may amend this Privacy Policy at any time, and we will inform you of changes as required by law. You may have other privacy protections under state laws and we will comply with applicable state laws when we disclose information about you. This Privacy Policy applies only to consumer Jewelry Accents Credit Card Accounts of GE Card Services and does not apply to any other accounts you may have had with us, and replaces our previous disclosures to you about our information practices.
SUMMARY OF INSURANCE COVERAGES
DISABILITY/INVOLUNTARY UNEMPLOYMENT BENEFITS: If you become disabled through an accident or illness, and are under a doctor's care and cannot work or become involuntarily unemployed, ChargeGard will make your scheduled minimum monthly payments on your account while you remain disabled or involuntarily unemployed. Involuntary unemployment and disability benefits begin after 30 consecutive days of involuntary unemployment or disability and are retroactive tot he first day of loss (in MA, disability benefits will be paid from the first day following the 30-day waiting period). Benefits are based on the outstanding balance as of the date of loss and will continue until your balance on that date has been paid or you return to work, or payments reach $5,000 which is the Maximum Amount of Insurance, whichever occurs first. Unemployment benefits are limited to 12 months in PA. These benefits are only available to the primary cardholder. Purchases made after the date of loss will not be covered until you return to work. Retirement is not covered. Strikes and labor disputes are not covered in AR, IL & NY. You are eligible for these coverages only if you are employed 30 hours or more a week or as otherwise required by state law (in PA, employed at least 9 months of the year; self-employed excluded for involuntary unemployment coverage in CT, MA & TX; for both involuntary unemployment and disability coverages in FL) in a non-seasonal occupation (seasonal restriction does not apply for disability in AZ, CA, GA, MD, OR, RI, TX & VA; for involuntarily unemployment in NC; and for both coverages in CO, ME, MI, MT, NJ, NM, NY, PA, SC, UT & WI), and are working for wages or profit 30 hours a week or more on the date you make a purchase on your account. If you are not, that particular purchase will not be insured until you return to work. In AK, CA, FL, MA, NC, NY, PA and VA, disability benefits are not payable for pre-existing conditions that occurred within 6 months prior to the effective date. Additional exclusions apply. In CA, disability benefits are not payable for pregnancy, childbirth or self-inflicted injuries. Please read your certificate carefully.
LEAVE OF ABSENCE: ChargeGard will make your scheduled minimum monthly payment (based on your outstanding balance as of the date of leave) for up to six consecutive months if you, the primary cardholder, take a temporary, unpaid leave of absence from work to attend to the needs of a family member or require time off for childbirth/adoption, are recalled to military service; or live in a federally declared disaster area. Any covered leave of absence must be approved by your employer. Benefits begin after 30 consecutive days of absence (and in VA, the monthly payment due on your account is at least 30 days delinquent. Benefits are retroactive to the first date of leave. Only you, the primary applicant, are eligible for this coverage if employed full-time (not self-employed) in a non-seasonal occupation. Coverage does not apply for pre-existing illness, retirement, voluntary forfeiture of employment, strikes, or leave of absence during the first 90 days of the coverage (not applicable in KS and NJ). Coverage for a leave due to childbirth/adoption is not available in NJ. Coverage is not available in AK, ID, IN, LA, MO, NE, NM, NY, NC, OR, SC, TX and VT. Additional exclusions apply; please read your certificate carefully.
LIFE BENEFITS: If you or your co-cardholder (or, if no co-cardholder, your spouse; only spouse or business partner in GA, NM & TX) dies prior to age 65 (age 66 in IA, ID, ME, NY, OR, PA; prior to age 70 in AZ, OK & VA; prior to age 72 in NM; next billing date after age 70 in NV; age 71 in FL and GA; and age not applicable if initially eligible in CO, MI, MO, NC, NH, SC & TX), ChargeGard will pay the outstanding balance on your account as of the date of death, up to $5,000. Suicide is excluded except in MD, ME & MO. In CA, we won't pay a claim on an advance if you commit suicide within six months of that advance. Life coverage converts to accidental death coverage in HI, & UT at age 65 (age 66 in AK, DE, IL, IN, IA, KY, LA, MD, ND, NE, OH, SD, VT & WY; age 70 in AZ, NV & OK). Only the primary applicant is covered in CA and ME. See your certificate for details.
TERMS OF INSURANCE: This coverage becomes effective on the date you elect the insurance provided you are eligible. It stops if: (1) you are more than 90 days late in making the required account payment; (2) you ask for it to stop, in writing; and (3) your insurance is terminated according to its terms. Maximum enrollment age is 64 in most states except as follows: age 65 in CT, IA, ID, MA, ME, NV, NY, OR & PA; 69 in AZ, CO, NC, NH, OK, SC & VA; age 70 in FL, GA, MI and MO; AND AGE 71 IN nm; in TX, no maximum age applies. All coverages end at age 65 in AR, CA, DC, KS, MT, NJ, RI, TN, WA, WI & WY; age 66 in CT, ID, MA, ME, NY, OR, PA & SD;age 70 in VA; age 71 in FL, and GA; and age 72 in NM.
COST OF COVERAGE: The monthly premium will be charged to your credit card account will be 76¢ per $100 of your outstanding balance, except: 60¢ in AK, MO ID & NE; 77.9¢ in AZ; 70.6¢ in CA; 55¢ in CO; 67.5¢ in CT; 90.9¢ in DC; 80.2¢ in GA; 73.5¢ in HI; 73.6¢ in IA; 77.6¢ in IL; 62.1¢ in IN; 80.2¢ in KS; 87.0¢ KY; 71.2¢ in LA; 57.6¢ in MA; 52.2¢ in MD; 74.1¢ in ME; 79.7¢ in MI; 83.9¢ in MT; 82.2¢ in NV; 64.1¢ in NH; 73.0¢ in NJ; 63.3¢ in NM; 64.6¢ in NC; 75.2¢ in ND; 30.9¢ in NY; 59.5¢ in OR; 68.2¢ in PA; 79.9¢ in RI; 68.9¢ in SC; 87.1¢ in TN; 38.6¢ in TX; 74.0¢ in UT; 50.4¢ in VT; 73.3¢ in WI; 83.3¢ in WY. We can change the rate later on, but if we do, we will let you know in advance. The new rate will only apply to insurance charges after the rate change.
COVERAGE NOT AVAILABLE TO RESIDENTS OF AL, MN, MS, PR, VI AND WV.
Coverage is underwritten by American Bankers Life Assurance Company of Florida (ABLAC) and American Bankers Insurance Company of Florida (ABIC), 11222 Quail Roost Drive, Miami, FL 33157-6596 and by Bankers American Life Assurance Company, Syracuse, NY (NY Life and Disability coverage only). In CA, Life and Disability coverage provided by ABLAC and ABIC provides remaining coverages described above. Coverage for Life is provided under form numbers AC2236PL, AE2379PL-0399, AC2807PQ and BA2051PL; coverage for Disability is provided under form numbers AB8633PQ-285, AB9328PQ-485, AC2810PQ and BA23016PD-0795. In TX, life and disability certificate number is AC3118CB-0592 (3.53 R.A.); unemployment coverage is provided under form AD9139CQ-0499. You will receive your certificate of insurance within 30 days. If you cancel within 30 days of receiving your certificate, we will refund your premium. You are free to cancel at any time.
D.C. residents: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the cardholder.
LA residents: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and may subject such person to criminal and substantial civil penalties.
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