RETAIL INSTALLMENT CONTRACT
TERMS & CONDITIONS
We are a retailer of goods or services that you are seeking to purchase (“us“, “our”, “we” or “Merchant”). This Retail Installment Contract Terms & Conditions (“Agreement”) is between us and you, the cardholder, who is making the purchase (“Buyer”, “you“, “your”).
These terms are in addition to our normal terms of business, including our Return Policy. By choosing to make this purchase using installments, you agree to be bound by this agreement. These additional terms for payment by installment apply when you select the option of paying for your purchase by installments, using a payment card issued by a credit card issuer (“Issuer”). In order to process card payments by installment, we are using a third party technology service provided by Splitit USA Inc. (“Splitit” or “Service Provider”), but you have not entered into an agreement with Splitit.
How it Works. By selecting the “Splitit” payment option at the checkout page, you authorize us to put a hold on your payment card for the Total Sale Price (as defined below under Authorizations), however we will only charge the eligible card provided to us over time in the number of payments and amounts that you selected at checkout (we call these payments “Installments“). The date and amount of each Installment is shown at checkout before you complete your purchase and a complete record is emailed to you immediately after you complete your purchase. We will charge the initial payment to your card when your order is completed (or later, if shipment is later, in accordance with the payment schedule). Each subsequent Installment is charged monthly, on the dates shown in the payment schedule presented to you at checkout, until the entire amount due under this Agreement is paid. As further described under the Authorizations section, your credit card is eligible if there is available credit (or balance, in the case of a debit card) to support an Authorization for the Total Sale Price and you are authorized to use the payment card to make the transaction. If we are not able to renew an authorization for the amount you owe by your next Installment due date we may charge your card for the Total Sale Price, less the amount of any Installments you have already paid
Neither we nor Splitit impose any interest or additional charges on you for selecting this payment option. However, we are required by law to warn you that you may have to pay other taxes or costs that are not imposed by us (such as internet charges, fees and interest imposed by the Issuer, or charges imposed by customs in your country). IN PARTICULAR, PLEASE NOTE, AS INSTALLMENT PAYMENTS ARE BEING CHARGED TO YOUR CARD, YOU MAY BE CHARGED INTEREST AND FEES OR OTHER CHARGES IMPOSED BY YOUR CARD ISSUER UNDER THEIR AGREEMENT WITH YOU. THIS COULD INCLUDE LATE PAYMENT FEES, OVERDRAFT FEES, PERIODIC INTEREST, OR OVER-THE-LIMIT FEES. YOU ARE SOLELY RESPONSIBLE FOR THESE FEES.
Authorizations. If you provide a credit card to make payments, we may obtain an authorization against your credit card for up to the total amount of your purchase (“Total Sale Price”). An “authorization” means that the available credit on your credit card will be reduced by an amount, up to the Total Sale Price, in order to ensure you have sufficient available credit to make future payments. You will likely not be able to use that amount of your credit line while the authorization remains in place, subject to rules imposed by your Issuer. Even if your Issuer does not restrict the available credit, you must ensure that you have enough available credit to cover the full outstanding amount owed under this Agreement for your purchase at all times.
To ensure we retain a valid authorization against your credit card, we will renew the authorization periodically using the credit card details provided at the time of purchase (or a subsequent credit card you provide). The amount of each authorization will be reduced by Installments already paid. It may take up to 5 days for the amount of the authorization to be reduced after you make a payment. We will notify you by email approximately 24 hours before the authorization is renewed.
If any authorization we seek to make against your credit card fails, we will contact you by email (using the email address you provided at checkout) to let you know. We may also contact you via SMS to the extent you have authorized us to do so. We will also keep attempting to get approval for the authorization by submitting a request to you payment card periodically for up to 7 days. You can provide us with a different eligible credit card to use for authorizations and Installments via the consumer portal, using the unique link we email to you when you enter into this Agreement (“Portal“). By providing a new credit card, you authorize us to obtain authorizations for the remaining amounts owed under this Agreement, as set forth in this Agreement, and you further authorize us to charge this updated credit card for outstanding Installments owed, when due under this Agreement. You also authorize us to charge or refund your credit card as necessary to correct any errors. If we are not able to renew an authorization for the amount you owe under this Agreement by your next Installment due date, and you do not make an Installment payment by the due date (subject to any applicable grace period) or successfully authorize those amounts on another eligible card, we may charge your credit card for the Total Sale Price, less the amount of any Installments you have already paid.
THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT. IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU: (1) OPT OUT WITHIN 30 DAYS OF SIGNING THIS AGREEMENT; OR (2) ARE PROTECTED BY THE MILITARY LENDING ACT. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.
Debit cards. We may, but are not required to, allow you to use a debit card to complete your purchase. If you provide a debit card to pay Installments under this Agreement, a temporary hold may be placed against your debit card for the Total Sale Price at the time of purchase, but we will only charge your debit card for your first Installment payment at this time. The remaining amount of the authorization hold, if applicable, will be removed from your debit card in approximately 3 – 5 days after the date of your purchase, but processing times may vary depending on your bank. We will continue to charge your debit card, monthly, for the amount of each subsequent Installment, on each Installment date, until the entire amount due under this Agreement is paid. In the event that there are insufficient funds available on the debit card to pay any Installment, we will notify you. If any payment attempt is unsuccessful or returned to us unpaid, we may retry the payment attempt up to two additional times, unless prohibited by law.
Right to Stop Payment; Changing your Payment Method: You have a right to stop payment on your selected credit or debit card by calling our Service Provider, at 1 (844) 775-4848, writing to our Service Provider by email at [email protected], or by providing a new eligible card in the Portal. You must tell our Service Provider in time for us to receive your request at least 3 business days before your next Installment due date. If you call, we may require you to confirm your request in writing within 14 days after your call. If your credit or debit card is replaced, cancelled, no longer valid, or you wish to use a different card, you must log on to the Portal and provide an eligible card at least 3 business days before your next Installment due date. We may not be able to process your request if we do not receive it in time. If you do not have sufficient available credit or available funds on the new card to process the authorization, we may not accept the card.
It is your responsibility to ensure that, until the last Installment is paid, the card you present for payment at the time of purchase, or anytime thereafter, remains valid, is not cancelled, and has sufficient available balance or available credit to pay all Installments and to accept authorizations that may be made under this Agreement.
PAYMENT AUTHORIZATION: BY ACCEPTING THIS AGREEMENT, YOU AUTHORIZE US OR OUR SERVICE PROVIDER TO (1) AUTHORIZE YOUR SELECTED CARD FOR UP TO THE TOTAL SALE PRICE AS DESCRIBED ABOVE; (2) CHARGE YOUR SELECTED CARD FOR THE AMOUNT OF YOUR FIRST INSTALLMENT ON OR AFTER THE DATE OF THIS AGREEMENT; (3) CHARGE YOUR SELECTED CARD IN THE AMOUNT OF EACH INSTALLMENT ON EACH INSTALLMENT DUE DATE AS DESCRIBED IN YOUR TRUTH IN LENDING DISCLOSURES AND PAYMENT SCHEDULE; (4) CHARGE YOUR SELECTED CARD FOR THE TOTAL SALE PRICE LESS ANY INSTALLMENTS YOU HAVE ALREADY PAID (A) IN AN EVENT OF DEFAULT (SUBJECT TO ANY NOTICE AND CURE RIGHTS YOU MAY HAVE BY LAW) OR (B) IF YOU CANCEL THIS AGREEMENT AFTER THE TIME PERMITTED BY THIS AGREEMENT; AND (5) CHARGE YOUR SELECTED CARD AS NECESSARY TO CORRECT ANY ERRORS. THIS PAYMENT AUTHORIZATION WILL REMAIN IN FULL FORCE AND EFFECT UNTIL ALL INSTALLMENTS ARE PAID IN FULL OR WE RECEIVE NOTICE THAT YOU REVOKE THIS AUTHORIZATION.
Handling Card Payments and Notifications. We use a third-party technology platform provided by Splitit to keep a record of payments you owe us and we use their platform to process authorizations and payments at the times we have agreed and to send notifications to you. You will see some of the emails say they are “powered by Splitit”. This should help you identify what payments we are contacting you about.
Returns. You may return the goods to us as set forth in our Return Policy.
Cancellation. You have the right to cancel this Agreement to pay for your purchase using Installments at any time, but once you cancel this Agreement, the Total Sale Price less any amounts already paid will become due in full. To request a cancellation, please contact our Service Provider by email at [email protected] or call 1 (844) 775-4848.
Default. Subject to applicable law, which may require that we notify and/or give you a right to cure your default, we may declare you in default under this Agreement for any of the following reasons: (1) you fail to pay any Installment by the due date, and after any applicable grace period; (2) you violate any promise you make to us in this Agreement which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement; (3) you file for protection under the United States Bankruptcy Code, or become subject to a proceeding which seeks relief from debt; (4) you have made a false or misleading statement about an important matter in connection with this Agreement; (5) you revoke your consent to electronic communications; or (6) you die or become legally incompetent.
Consequences of Default. If you are in default of this Agreement, we can require you to pay the remaining amount you owe us under this Agreement immediately, subject to any right you may have to notice of default and to cure such default. We may seek payment of this amount by charging your credit or debit card pursuant to any authorization you provided us under this Agreement. If we refer this Agreement to an attorney who is not our salaried employee for collection, we may require you to pay our reasonable attorneys’ fees and expenses, to the extent permitted by applicable law.
Assignment. You are hereby notified and agree that we may transfer, sell, or assign this Agreement, the Installments, or any associated rights, to a third party, including Splitit or one of its affiliates, without any further notification to you. If we do so, this Agreement will remain in effect and will be binding on and will inure to the benefit of our assign(s). You may not transfer your rights under this Agreement and any attempt to do so will be void.
Governing law; Severability. This Agreement (and our dealing prior to this Agreement being made) shall be governed by federal law, and to the extent not pre-empted, the laws of the state in which you purchased the goods and services; provided that you are entitled to the benefit of any mandatory consumer protection rules of the country of your primary residence. If any provision of this Agreement or portion thereof is held to be unenforceable, this determination will not affect the remainder of this Agreement.
Indemnity and Limitation of Liability. You agree to indemnify, defend, and hold us, our service providers, and our respective agents, officers, directors, employees and assigns (collectively, the “Indemnified Parties”) harmless from and against any liability, including reasonable attorneys’ fees, related to this Agreement. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing this Agreement. This Limitation of Liability section will survive termination of this Agreement.
Arbitration Agreement. We are always interested in resolving disputes, claims, or controversies (“Claim”) amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by email through our Service Provider at [email protected] or by mail at Splitit USA, Inc., 16 East 34th Street, New York, NY 10036. If such efforts prove unsuccessful, you and we agree that all disputes shall be resolved by binding arbitration on an individual basis. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice must (a) describe the nature and basis of the Claim and (b) set forth the specific relief sought. If you do not resolve the Claim with us or the Indemnified Party within 60 calendar days after the Notice is received, you, we or the Indemnified Party, as applicable, may commence an arbitration proceeding, as set forth in this section. Arbitration will be conducted by a neutral arbitrator in accordance with the AAA rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The arbitrator must also follow the provisions of this Agreement as a court would. IF ANY PARTY COMMENCES ARBITRATION WITH RESPECT TO A CLAIM, NEITHER YOU, WE, OR THE INDEMNIFIED PARTY 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 AAA RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO THAT CLAIM, AND YOU WILL HAVE ONLY THOSE RIGHTS THAT ARE AVAILABLE IN AN INDIVIDUAL ARBITRATION. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT AS PROVIDED IN THE FEDERAL ARBITRATION ACT (the “FAA”). Notwithstanding the foregoing, you and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.
RIGHT TO OPT OUT: If you do not want this Arbitration Agreement to apply, you must notify us within 30 calendar days after you sign the Agreement. You must send the notice in writing to our Service Provider at [email protected] You must provide your name, address and state that you “opt out” of the Arbitration Agreement. Opting out will not affect the other provisions of this Agreement. If you opt out, it will apply only to this Agreement and not any other agreement you may have with us.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT OUR SERVICE PROVIDER AT 1 (844) 775-4848.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE INDEMNIFIED PARTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
MILITARY LENDING ACT NOTICE: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any applicable fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To receive this information and a description of your payment obligation orally, please call 1 (844) 775-4848.
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.
We may share information about our transactions and interactions with you with Splitit and other affiliated companies. We may also share information about our transactions and interactions with unaffiliated third parties in connection with providing this service to you including fraud detection services.
However, the law may permit you to instruct us not to share this information with certain third parties. If you do not want us to share this information, you must notify us in writing or by email through our Service Provider at: [email protected]. If you email us a notification, you must include your name, address, and the last four digits of your card number used in this transaction so that such a request can be honored. Do not include your full card details in this email.
Communications. After completing your purchase, you will see some communications from us saying they are “powered by Splitit”. Splitit will send you an email following the completion of your purchase with details of how you can access information on your payments in a secure, password protected Portal. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access information about this Agreement or your payment method; view, save and/or print your account documents online; receive any messages or documents you have consented to receive electronically pursuant to the Electronic Communications Disclosures and Consent, which is incorporated herein by reference; and for paying all related charges. Some of the communications between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded. By completing this transaction, you consent to this monitoring and recording and you further agree that we and our service providers may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of pre-recorded/artificial voice messages and/or automatic telephone dialing system. Your consent may be revoked at any time and by any reasonable means. You further agree that we or our service providers may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. We are not required to act on any instruction or message from you provided by fax, SMS/text, telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice. You must notify us promptly of any changes to your e-mail address, phone number, mailing address, or other contact information by using the Platform or by emailing our Service Provider at [email protected]
Who to contact about this Agreement. Occasionally, you may require additional assistance in connection with this Agreement (for example, replacing payment method, number of outstanding Installments, etc.). You may obtain information about your Agreement, including your remaining Installments and your selected payment method through the Portal. You may also contact us through our Service Provider at [email protected] or 1-844-775-4848 for support and information about this Agreement. If you have any questions about the goods and services you purchased under this Agreement, please contact our customer services department through the information provided on our website. We clarify that we hired Splitit to provide certain services and you do not have any agreement with them. Splitit cannot agree to any alternative arrangements other than to allow you to use a different card for the payment of any unpaid Instalments. In addition, Splitit does not have information regarding your relationship with the Issuer and accordingly cannot handle questions related to that arrangement.
State-Specific Disclosures. If you are a resident of any of the following states or jurisdictions, the following provisions for your state will apply, and will supersede any conflicting provisions set forth in this Agreement:
District of Columbia: We certify that the information contained in the Agreement complies with the District of Columbia Municipal Regulations, Title 16, Chapter 1, if applicable.
Florida: Florida documentary stamp tax required by law has been paid or will be paid directly by us to the Department of Revenue.
Hawaii: This contract is covered by Hawaii’s credit sale law, and you have the rights of a buyer under that law. You also may have rights under other state and federal laws.
Maryland: This Agreement will be governed by the laws of the State of Maryland. This Agreement shall be subject to the Credit Grantor Closed End Credit Provisions (Subtitle 10) of the Commercial Law Article of the Maryland Code.
Arizona, Delaware, Maine, Minnesota, Nebraska, Ohio, Oklahoma, and Wyoming. No provisions in this Agreement providing for the payment of attorneys’ fees, court costs or collection costs by you shall apply.
New Hampshire: If you prevail in any action involving this Agreement, we will pay your reasonable attorney’s fees. If you successfully assert a partial defense or set-off, recoupment or counter-claim, the court may limit the fees we can recover.
New Jersey: (1) The section headings of the Agreement are a table of contents and not contract terms. (2) You agree to pay reasonable attorney’s fees incurred by us in collecting any amount due and payable under this Agreement, in an amount not to exceed 20% of the first $500 owed and 10% of any amount owed in excess of $500, at the time this Agreement is referred to an attorney for collection who is not our salaried employee. (3) Provisions of this Agreement that refer to acts or practices that apply as permitted by, or except as prohibited by, applicable law are applicable to New Jersey residents only to the extent that such acts or practices are permitted by New Jersey or Federal law.
Ohio: Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy 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.
Pennsylvania: You agree that reasonable attorney’s fees and costs will be awarded to the prevailing party in any action on this Agreement, regardless of whether the action is instituted by us or you.
Virginia: The service charge does not exceed 0% per annum, computed monthly.
Wisconsin: No provision of a marital property agreement, a unilateral statement under Wis. Stat. Ann. §766.59 or a court decree under §786.70 adversely affects our interest unless we, prior to the time the credit is granted, are furnished a copy of the agreement, statement or decree or have actual knowledge of the adverse provision when the obligation to us is incurred.
ENTIRE AGREEMENT. Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt may not be enforceable under applicable law. To protect you (as the buyer) and us (as the seller) from misunderstanding or disappointment, you and we acknowledge and agree that this written Agreement is a final expression of the agreement between you and us, and this Agreement may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. The terms of this Agreement may not be changed except in a writing signed by you and us. No change shall release any party from liability unless otherwise expressly stated in writing.
IMPORTANT: You acknowledge that you had a reasonable opportunity to examine these Installments Terms and Conditions; and that a legible and complete copy was delivered to you. Please notify us within thirty (30) days of the day you accept this Agreement if a complete copy is not delivered to you.
NOTICE TO SHOPPER: (1) DO NOT APPROVE THIS AGREEMENT BEFORE YOU READ IT. (2) DO NOT APPROVE THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. (3) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. (4) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE REMAINING INSTALLMENTS DUE UNDER THIS AGREEMENT WITHOUT PENALTY.