Details f Rate, Fee and Other Cst Infrmatin Accunt terms are nt guaranteed fr any perid f time. All terms, including fees and APRs fr new transactins, may change in accrdance with the Credit Card Agreement and applicable law based n infrmatin in yur credit reprt, market cnditins, business strategies, r fr any reasn. Please review all the materials in this package s that yu are fully infrmed abut the terms f this credit card ffer. 216172 Pt. 2 Frnt Black, 295 Blue 9/22/16 Interest Rates and Interest Charges Annual Percentage Rate 19.80% (APR) fr Purchases Penalty APR and When it Applies Hw t Avid Paying Interest 29.99% This APR may be applied t yur Accunt if yu d nt make yur Minimum Payment Due within sixty (60) days f the applicable Payment Due Date reflected n yur statement. Hw Lng Will the Penalty APR Apply? The Penalty APR will apply until yu make six (6) cnsecutive Minimum Payments by the Payment Due Date. Yur due date is at least 21 days after the clse f each billing cycle. We will nt charge yu any interest n purchases if yu pay yur entire balance by the due date each mnth. Minimum Interest Charge If yu are charged interest, the charge will be n less than $0.50 Fr Credit Card Tips frm the Cnsumer Financial Prtectin Bureau Fees Annual Fee Penalty Fees Late Payment Returned Payment T learn mre abut factrs t cnsider when applying fr r using a credit card, visit the website f the Cnsumer Financial Prtectin Bureau at http://www.cnsumerfinance.gv/learnmre. Nne Either $ 10 r 5% f the Amunt Past Due, whichever is less. $ 25 Hw We Will Calculate Yur Balance: We use a methd called the Average Daily Balance (excluding new purchases). See yur Cardhlder Agreement fr mre details. Mre Infrmatin abut Penalty Fees and Penalty APR Penalty Fees: If yur Ttal Minimum Payment Due is nt received by yur Payment Due Date, a Late Payment Fee f $10 r 5% f the Amunt Past Due, whichever is less will be assessed. Hwever, the Late Payment Fee will nt exceed the ttal minimum payment that was due. Penalty APR: Yur Penalty APR will nt exceed 29.99% n new transactins. Billing Rights: Infrmatin n yur rights t dispute transactins and hw t exercise thse rights is prvided in yur Cardhlder Agreement. 2
In this agreement (the Cardhlder Agreement ), the wrds we, us, and ur refer t H.E. Murdck Cmpany, Inc., ding business as Day s Jewelers, and the wrds yu and yur refer t each applicant whse signature appears n the credit applicatin and in whse favr a credit accunt (the Accunt ) will be pened if the applicatin is apprved. The term Card refers t any card r ther device that we prvide t yu t access the Accunt. Yur Cardhlder Agreement includes and incrprates by reference (a) the card carrier sent t yu with yur Card, (b) yur Details f Rates, Fee and Other Cst Infrmatin, and (c) any ther dcuments r infrmatin prvided t yu regarding the terms and cnditins applicable t yur Accunt, each such dcument (cllectively the Dcuments ) as it may be amended; yu als agree t pay and/r t be held jintly and severally liable fr all charges incurred under such terms. Any changes yu make t the terms f this applicatin will have n effect. Capitalized terms nt defined in this Cardhlder Agreement shall have the meaning given in the Dcuments. 1. YOUR AGREEMENT - By applying fr an Accunt, r by maintaining, using r cnsenting t the use f yur Accunt, yu agree that the terms and cnditins f this Cardhlder Agreement will gvern yur Accunt, the use f yur Card, and all credit extended under this Cardhlder Agreement. Yu als understand and agree that the use f yur Accunt, whether by use f a Card r therwise, will cnstitute yur acceptance f, and will be subject t, this Cardhlder Agreement. Please keep a cpy f this Cardhlder Agreement fr future reference. 2. YOUR ACCOUNT Yu have applied t us fr an Accunt. If yur credit applicatin is apprved, we will pen an Accunt in yur favr, which yu may use t make purchases frm us. 3. REQUESTING CREDIT REPORTS Befre we pen an Accunt we may check the infrmatin yu have given us with a cnsumer reprting agency r with thers. We may als request additinal infrmatin frm them, including a credit reprt, befre apprving yur applicatin. We may als ask fr a credit reprt after yur Accunt is pened if we want t update ur recrds, renew yur Accunt, decide whether t give yu additinal credit, r fr any ther legitimate business purpse. If yu ask, we will tell yu if we requested a credit reprt. If s, we will give yu the name and address f the cnsumer reprting agency that supplied the reprt. 216172 Pt. 2 Back Black, 295 Blue 9/22/16 4. CREDIT LIMIT - Yu agree that we establish a credit limit fr yur Accunt and that yur purchases and ther charges n yur Accunt, at any ne time, will nt exceed yur credit limit. Yu agree that we may change yur credit limit frm time t time, based upn ur evaluatin f changes in yur credit capacity. We will prvide yu with ntice f any change in yur credit limit t the extent and in the manner required by applicable law. 5. USE OF ACCOUNT If yu request us t d s at the time f purchase, we will charge yur Accunt fr purchases made frm us. Purchases may be charged by ther persns whm yu allw t use yur Accunt. Yu agree t pay fr purchases charged t yur Accunt, tgether with INTEREST CHARGES, if any, in accrdance with the terms f this Cardhlder Agreement. If yur applicatin fr an Accunt is apprved in the name f tw (2) r mre persns, yu agree that each f yu is jintly and severally liable fr all debt and ther bligatins relating the Accunt. Yu agree that this Accunt is intended and shall nly be used fr persnal, family r husehld purpses. 6. MONTHLY STATEMENTS - We will mail yu a statement at peridic intervals, apprximately ne (1) mnth apart. The mnthly statement will cntain imprtant infrmatin abut yur Accunt as explained in this Cardhlder Agreement, including the amunt f yur Minimum Payment Due and the INTEREST CHARGE, and late fees if any, impsed n yur Accunt during that billing perid. Hwever, we will nt mail yu a mnthly statement if the New Payment n yur Accunt is $ 1.00 r less r if yu have a Credit Balance n yur Accunt, unless an INTEREST CHARGE was impsed n yur Accunt during the billing perid. 7. NEW BALANCE - We calculate the New Balance n yur Accunt by taking the balance yu wed at the end f the previus billing perid (the Previus Balance ), then adding the amunt f all purchases made using yur Accunt and ther charges t yur Accunt during the current billing perid, including the INTEREST CHARGE, late fees (if any) and returned item fees (if any), and then subtracting all payments and credits t yur Accunt during the billing perid. 8. MINIMUM PAYMENT DUE - We perate all f ur Accunts as revlving Accunts with either a TEN MONTH PAYOUT r a FIXED PAYMENT. The Minimum Payment Due fr FIXED PAYMENT Accunts is determined at the time f purchase and is disclsed n yur purchase receipt. The Minimum Payment Due indicated n yur mnthly statement fr TEN MONTH PAYOUT Accunts will be as fllws: If yur New Balance is: Yur Minimum Payment Due is: $20.00 r less Full Amunt f New Balance If yur New Balance is: ver $20.00 Yur Minimum Payment Due is: 10% f the New Balance Yu can pay yur New Balance at any time. Or yu can pay any amunt greater than yur Minimum Payment Due but less than the New Balance. The larger the payment that yu make n yur New Balance, and the sner we receive yur payment, the less INTEREST CHARGE yu will have t pay. Yur Minimum Payment Due may include any amunts past 3
due, any returned check fee, and a late fee if we d nt receive yur Minimum Payment Due by the Payment Due Date. 9. PAYING YOUR MINIMUM PAYMENT DUE - Yu must make payments in U.S. dllars via check, mney rder r similar instrument, r via autmatic debit that is drawn n r hnred by a bank lcated in the United States. D nt send cash. Please send yur payments t the address that that we furnish t yu n yur statement. Please send yur payment in with the remittance stub that accmpanies yur statement and/r write yur Accunt number n the mem line f yur check r ther similar frm f payment. Payments that d nt fllw these instructins may cause a delay in crediting yur Accunt. Except as prvided belw, we can accept late payments, partial payments, r cnditinal checks r mney r rders r any checks r mney rders marked payment in full withut lsing ur rights under this Cardhlder Agreement, including the right t require full payment f all amunts wed under this Cardhlder Agreement. If yu pay us with a check r similar instrument that has ntatins r instructins n r with the check, yu agree that (i) we may disregard such ntatins r instructins, and (ii) we may credit any payment we receive t yur Accunt, and ur crediting f that payment will nt mean that we have agreed t such ntatins r instructins n r with that payment, unless yu send the payment (including the special ntatins r instructins) t: Day s Jewelers Credit Department 88 Main Street Waterville, Maine 04901 10. PAYMENT DUE DATE - Yur Payment Due Date will be indicated n yur mnthly statement. It will be at least twenty ne (21) days frm the date that yur statement was mailed r therwise made available t yu. Payments received at the address fund n yur remittance stub after 5:00 p.m. Eastern Time, r n any day r at any time n any day that ur payment remittance center is nt pen will be cnsidered as payments made n the fllwing day. Payments made at ne f ur retail stre lcatins will be cnsidered received n the date the payment is made. 216172 Pt. 3 Frnt Black, 295 Blue 9/22/16 11. LATE FEES - If we d nt receive yur Minimum Payment Due within fifteen (15) days f the Payment Due Date reflected n yur statement, it will be cnsidered late and we may assess yu (and yu agree t pay) a late fee in the amunt(s) set frth in yur Details f Rates, Fee and Other Cst Infrmatin. Hwever, if yur Payment Due Date is n a day that we d nt receive r accept payments (such as a federal hliday) we will nt cnsider payments received the fllwing business day t be late. 12. RETURNED ITEM FEE - If yur payment is rejected r returned unpaid fr any reasn (such as fr insufficient funds), we may assess yu (and yu agree t pay) a returned payment charge in the amunt set frth in yur Details f Rates, Fee and Other Cst Infrmatin. 13. APPLICATION OF PAYMENTS - Each payment received and credited t yur Accunt will be applied: first t previusly billed INTEREST CHARGES and late fees; secnd, t the remainder f the New Balance indicated n yur last mnthly statement; third, t any charges debited t yur Accunt during the billing perid since yur last mnthly statement. Any excess will appear as a Credit Balance. 14. FAILURE TO PAY - If yu fail t make at least the Minimum Payment Due by the Payment Due Date we may require yu t immediately pay the New Balance subject t any ntice f default and right t cure default required under applicable law. If we are frced t bring legal prceedings t cllect yur Accunt and we btain a judgment against yu, curt csts will be added t the judgment t the extent permitted by applicable law. If yu are a resident f New Hampshire, then (a) yu als agree t repay us fr all cllectin csts and attrneys fees we spend t cllect yur Accunt, and (b) yu may recver attrneys fees if yu prevail in any curt prceeding brught by yu r us under this Cardhlder Agreement; if yu are partially successful, the curt may withhld part f ur attrneys fees. Yu agree that the ANNUAL PERCENTAGE RATE n the Accunt in effect under this Cardhlder Agreement will cntinue until a curt judgment is rendered. Yu grant us a purchase mney security interest under applicable law in all merchandise purchased n yur Accunt until yur Accunt is paid in full. All merchandise n yur Accunt is purchase mney cllateral as defined under applicable prvisins f the Unifrm Cmmercial Cde, and upn default we may demand return f said merchandise. 15. CALCUATION OF INTEREST CHARGES We figure the INTEREST CHARGES n yur Accunt by applying the peridic rate prvided belw t the Average Daily Balance f yur Accunt. T get the Average Daily Balance we take the New Balance f yur Accunt each day and subtract any payments r credits. We d nt add in new purchases r returns. This gives us the daily balance. Then we add all the daily balances fr the billing cycle tgether and divide the ttal by the number f days in the billing cycle. This gives us the Average Daily Balance. T calculate the INTEREST CHARGE n yur Accunt, we apply a peridic (mnthly) rate f 1.65% (19.8% Purchase ANNUAL PERCENTAGE RATE) t the Average Daily Balance n yur Accunt. Hwever, if the Average Daily Balance is belw $30.30, there will be a minimum INTEREST CHARGE f fifty cents ($0.50). Yu will nt have t pay an INTEREST CHARGE n yur next mnthly statement if yu have a New Balance f $1.00 r less, r if yu pay the entire New Balance n r befre yur Payment Due Date. If we are ffering a prmtinal N Interest Payment Prgram there will be n interest charged n the Accunt if the Minimum Payment Due is made by the Payment Due Date. We reserve the right t charge INTEREST CHARGES in the manner calculated abve under a N Interest Payment Prgram if yur Minimum Payment Due is nt made by the Payment Due Date. 16. PENALTY INTEREST CHARGES If yu have nt made yur Minimum Payment Due within sixty (60) days f yur Payment 4
Due Date then yu agree that we will calculate the INTEREST CHARGES n yur Accunt by applying a peridic (mnthly) rate f 2.27083% (27.25% Penalty ANNUAL PERCENTAGE RATE) t the Average Daily Balance n yur Accunt. We will prvide yu with advance ntice in accrdance with and in the manner required by applicable law prir t calculating yur INTEREST CHARGES using the Penalty ANNUAL PERCENTAGE RATE. Once yu have made six (6) cnsecutive payments in an amunt equal t at least the Minimum Payment Due by the Payment Due Date reflected n yur statement we will cease using the Penalty ANNUAL PERCENTAGE RATE t calculate INTEREST CHARGES n yur Accunt and will revert t using the Purchase ANNUAL PERCENTAGE RATE calculated in the manner described in the Calculatin f INTEREST CHARGES sectin, abve). 17. CREDIT BALANCES - If yur mnthly statement shws a Credit Balance in yur Accunt that was created frm an verpayment, that Credit Balance indicates mney we we t yu. If yur Credit Balance is mre than $1.00, we will prmptly refund the entire Credit Balance t yu by check if yu request us t d s, r yu may charge purchases against yur Credit Balance. If yu d nt request a refund r make sufficient charges, we will refund any part f yur Credit Balance remaining in yur Accunt after six (6) mnths. 18. CANCELLATION - We and yu have the right t cancel this Cardhlder Agreement as it relates t future purchases. Yu may clse yur Accunt at any time by ntifying us at 88 Main Street, Waterville, Maine 04901. If yur Accunt is a jint Accunt, any ne f yu may clse yur Accunt at any time by prviding us with such ntice at this address. We will immediately cancel yur Accunt after we receive ntice frm yu. Yu agree that we are nt respnsible fr any csts, damages, r incnvenience yu may suffer as a result f ur cancelling yur Accunt by any jint Accunt hlder. We will prvide yu with ntice f ur cancellatin f yur Accunt in accrdance with and t the extent required by applicable law. Yu agree t cease using and either return t us r destry all Cards upn ntice f cancellatin frm us. 19. CHANGES - We may change any f the terms f this Cardhlder Agreement. We will prvide yu with ntice f any changes in accrdance with and t the extent required by applicable law. 216172 Pt. 3 Back Black, 295 Blue 9/22/16 20. DEFAULT Yu will be in Default under the terms f this Cardhlder Agreement if yu fail t pay any amunt yu we under this Cardhlder Agreement n time, r if yu file bankruptcy, r if yu die r becme incmpetent, r if yu becme unemplyed r if yur emplyment status negatively changes, r if we believe the prspect f payment r ability t realize upn the cllateral is significantly impaired. 21. CARD BELONGS TO US By applying fr an Accunt with us yu agree that we may issue t yu a Card fr use in cnnectin with that Accunt. Yu understand and agree that all Cards belng t us, and yu will return them at ur request. We r any party acting n ur behalf may retain yur Card withut prir ntice t yu. Yu agree t sign yur Card in the space prvided fr authrized signatures befre yu use the Card. 22. NO WAIVER OF RIGHTS - We may delay in enfrcing ur rights under this Cardhlder Agreement withut lsing thse rights r any ther rights. We may waive enfrcement f ur rights in ne r mre instances withut waiving thse rights r any ther rights in ther instances. 23. TELEPHONE AND EMAIL COMMUNICATIONS WITH YOU - In rder t ensure a high quality f service fr ur custmers, and t prvide cntinuing training fr ur cntractrs and emplyees, yu agree that we may mnitr and/r recrd ur telephne calls with yu. Als, t the extent nt prhibited by applicable law, yu agree that we may cmmunicate with yu at (i) any telephne number r e-mail address that yu prvided in yur applicatin fr the Accunt r (ii) any telephne number r e-mail address that yu may prvide t us in the future. Yu als agree that, t the extent nt prhibited by applicable law, we may cmmunicate with yu at these telephne numbers using any means f cmmunicatin technlgy, including (but nt limited t) autmatic telephne dialing systems, artificial r pre-recrded vice messages. Additinally, if any f the numbers that yu prvide t us either at applicatin r thereafter is a cell phne number yu understand and agree that we may als cntact yu at that number thrugh the use f text messages r e-mail directed t yur cell phne service. Yu understand and agree that we may cntact yu at yur cell phne number using ne r mre f these cmmunicatin technlgies (r thers that may be develped in the future) even if yu will incur csts t receive such messages, text messages r e-mails. 24. ASSIGNMENTS AND TRANSFER - Yur rights under this Cardhlder Agreement may nt be transferred by peratin f law r therwise. Hwever, yur bligatins under this Cardhlder Agreement shall be binding upn yur estate r persnal representatives. We may sell yur Accunt and/r assign r transfer this Cardhlder Agreement and ur related rights and bligatins withut prir ntice t yu and withut yur cnsent. 25. CHANGE OF ADDRESS Yu agree t ntify us prmptly f a change in yur mailing address. We cannt assure that yur mnthly statement will be mailed t yur new address if yu ntify us f the change later than twenty (20) days prir t the clse f the billing perid. 26. GOVERNING LAW - Yu understand and agree that except t the extent that they are gverned by federal laws, this Cardhlder Agreement and yur Accunt are gverned by the laws f the state f ur stre lcatin where yu pened yur Accunt. If any prvisin f this Cardhlder Agreement is in cnflict with applicable law, that prvisin shall be cnsidered mdified t the extent necessary t cmply with such law. 27. DISCLOSURE OF INFORMATION TO THIRD PARTIES - We prvide a cpy f ur privacy plicy at the time yur Accunt is 5
established and annually thereafter. Shuld yu have any questins, cncerns r wish t request an additinal cpy, please cntact us at: Day s Jewelers, 88 Main Street, Waterville, Maine 04901. 28. LOST/STOLEN CARDS; LIABILITY FOR UNAUTHORIZED USE - N unauthrized persn is allwed t use yur Accunt r Card fr any purpse, including making purchases. Yu als agree t ntify us as sn as pssible after learning that yur Card has been lst r stlen by calling ur Credit Department at (207) 873-7036 r 1-800-439-3297. In additin t calling us at this number yu may write t us at: Day s Jewelers, 88 Main Street, Waterville, Maine 04901. Yur liability fr unauthrized use will nt exceed $50.00. T assist in ur effrts t minimize unauthrized use and fraud, please regularly check yur mnthly statements fr transactin accuracy and reprt any actual r suspected unauthrized use as sn as pssible t the applicable telephne number and address set frth abve. 29. YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE This ntice tells yu abut yur rights and ur respnsibilities under the Fair Credit Billing Act. What T D If Yu Find A Mistake On Yur Statement If yu think there is an errr n yur statement, write t us at: Day s Jewelers 88 Main Street Waterville, Maine 04901 In yur letter, give us the fllwing infrmatin: Accunt infrmatin: Yur name and Accunt number. Dllar amunt: The dllar amunt f the suspected errr. Descriptin f prblem: If yu think there is an errr n yur statement, describe what yu believe is wrng and why yu believe it is a mistake. 216172 Pt. 4 Frnt Black, 295 Blue 9/22/16 Yu must cntact us: Within 60 days after the errr appeared n yur statement. At least three (3) business days befre an autmated payment is scheduled, if yu want t stp payment n the amunt yu think is wrng. Yu must ntify us f any ptential errrs in writing. Yu may call us, but if yu d we are nt required t investigate any ptential errrs and yu may have t pay the amunt in questin. What Will Happen After We Receive Yur Letter When we receive yur letter, we must d tw things: 1. Within 30 days f receiving yur letter, we must tell yu that we received yur letter. We will als tell yu if we have already crrected the errr. 2. Within 90 days f receiving yur letter, we must either crrect the errr r explain why we believe the statement was crrect. While we investigate whether r nt there has been an errr: We cannt try t cllect the amunt in questin, r reprt yu as delinquent n that amunt. The charge in questin may remain n yur statement, and we may cntinue t charge yu interest n that amunt. While yu d nt have t pay the amunt in questin, yu are respnsible fr the remainder f yur balance. We can apply any unpaid amunt against yur credit limit. After we finish ur investigatin, ne f tw things will happen: If we made a mistake: Yu will nt have t pay the amunt in questin r any interest r ther fees related t that amunt. If we d nt believe there was a mistake: Yu will have t pay the amunt in questin, alng with applicable interest and fees. We will send yu a statement f the amunt yu we and the date payment is due. We may then reprt yu as delinquent if yu d nt pay the amunt we think yu we. If yu receive ur explanatin but still believe yur statement is wrng, yu must write t us within 10 days telling us that yu still refuse t pay. If yu d s, we cannt reprt yu as delinquent withut als reprting that yu are questining yur statement. We must tell yu the name f anyne t whm we reprted yu as delinquent, and we must let thse rganizatins knw when the matter has been settled between us. If we d nt fllw all f the rules abve, yu d nt have t pay the first $50.00 f the amunt yu questin even if yur statement is crrect. 6