Bealls Revolving Credit Account Agreement
In this Agreement, “you” and “your” refer to
each person who completes an application for this Account
(which application is a part of this Agreement), signs this Agreement, is issued
a Bealls credit card, or is authorized to use this Bealls Revolving Charge
Account (“Account”); “we,” “us,” and “our” refer to Beall’s, Inc., 1806 38th
Avenue East, Bradenton, FL 34208 and any person to whom this Agreement may be
assigned; “authorized user” refers to any person to whom you give permission to
use your Account.
1. Promise to Pay and Credit Limit: The full amount of
your credit limit is available wherever the card is honored. In return for extending credit to you from
time to time, you agree to pay for all purchases and services charged to your
Account, and all other charges mentioned below, according to the terms of this
Agreement. The total amount charged on your Account, including purchases,
finance charges, or other charges, must remain below your credit limit.
However, we may approve transactions that cause you to exceed your credit line
without waiving any of our rights under this Agreement. You must pay any amount
in excess of your credit limit immediately.
2. Cost of Credit: There is no Finance
Charge in any monthly billing period (a) in which there is no beginning balance
(the “Previous Balance” shown on your billing statement), or (b) in which
payments received and credits made within 25 days after the billing date shown
on your billing statement equal or exceed the balance at the beginning of the
billing period. If we do not receive the full amount due (the “New Balance”)
within 25 days after the billing date, we will impose a Finance Charge
determined by applying a monthly periodic rate of 1.75% (ANNUAL PERCENTAGE RATE
21.0%) to the previous balance. A minimum FINANCE CHARGE of $0.50 is imposed
any month in which the Finance Charge resulting from application of the
above-stated periodic rate is less than $0.50.
NOTICE: The Finance Charge rate set forth
above is authorized by Chapters 516.031 and 687.12 of the Florida Statutes.
3. Method of Computing Finance Charge: We figure the
Finance Charge on your Account by applying the above-stated periodic rate to
the “Previous Balance” of your Account, which is the amount you owe at the
beginning of each billing cycle. We do not subtract any payments or credits
received during the billing cycle.
4. Minimum Monthly Payment: You agree to pay a
minimum monthly payment according to the following schedule:
If Your Total
Minimum Monthly Your
Minimum Monthly
New Balance is: Payment is:
Up to $10.00 New Balance
$10.01 to $60.00...................................................................... $ 5.00
$60.01 to $80.00...................................................................... $ 7.00
$80.01 to $100.00.................................................................... $ 9.00
$100.01 to $120.00................................................................... $
11.00
$120.01 to
$140.00................................................................... $
13.00
$140.01 to
$160.00................................................................... $
15.00
$160.01 to
$180.00................................................................... $ 17.00
$180.01 to
$200.00................................................................... $ 19.00
Over $200.00
1/10 of New Balance
You may pay more than the minimum monthly
payment, up to your total New Balance, at any time. Payment for more than the minimum monthly
payment will be accepted as a single payment on your Account for that month;
the amount over the minimum monthly payment is not applied toward future
payments due.
5.
Payments: In order to be credited as of a particular
day, your payment must be received in the form specified in the instructions on
your billing statement. Do not send cash
payments. We can accept late or partial
payments, as well as payments that reflect “paid in full” or other restrictive
endorsements, without losing any of our rights under this Agreement. You agree to pay us in U.S. dollars drawn on
funds on deposit in the United States using a payment check or similar instrument
that will be processed and honored by your bank.
|
ANNUAL
PERCENTAGE
RATE FOR
PURCHASES
|
GRACE PERIOD
FOR PREPAYMENT
OF THE BALANCE
FOR PURCHASES
|
METHOD OF
COMPUTING THE
BALANCE FOR
PURCHASES
|
MINIMUM
FINANCE
CHARGE
|
|
21%
|
25 Days
|
Previous
Balance Method
|
$0.50
|
6. Late
Payment Fee: If we do not
receive at least the minimum monthly payment by the due date shown on your
billing statement, we may impose a Late Payment Fee of $10.00, unless your
Account balance is less than $10.00. We
will add any such Late Payment Fee to the balance on your Account.
7. Returned Check Charge: If your financial institution does not honor
the check you gave us to pay amounts you owe under this Agreement, we may
charge you a returned check fee of $25.00, if the face value of the check does
not exceed $50.00; $30.00, if the face value of the check exceeds $50.00 but
does not exceed $300.00; $40.00, if the face value of the check exceeds
$300.00; or 5% of the face amount of the check, whichever is greater, if we
give you written notice in advance.
8. Default/Collection Costs: You will be in default if you fail to pay any
minimum monthly payment when due, you declare bankruptcy, or if you fail to
comply with any other terms applicable to this Account. In the event of default, we may demand that
you pay the entire unpaid balance. If
the Account is referred to an attorney who is not our salaried employee, in
addition to the total amount due on the Account, you agree to pay reasonable
attorney’s fees of 20% of the total amount due, or such lesser amount as may be
permitted by law, and all court costs.
9. Canceling, Limiting Your
Credit or Closing Your Account: We
have the right at any time to limit or terminate the use of your Account
without giving you notice in advance.
You also may close your Account at any time by notifying us in
writing. However, you must pay any
remaining balance on the closed Account.
All cards remain our property and, upon our request, you agree to return
any cards issued to you.
10. Unauthorized Use: You agree to notify us promptly in the event a
credit card is lost or stolen. You may
notify Bealls Credit Services orally or in writing, at P.O. Box 25207,
Bradenton, Florida 34206-5207, (941) 744-4229, or (800) 569-9038 of the loss,
theft, or possible unauthorized use.
11. Additional Cards and
Authorized Users: You may request
additional cards on your Account, and you may permit an authorized user to have
access to a card by submitting your request in writing. However, if you do, you are responsible for
all charges made by the authorized user, including charges for which you may
not have intended to be responsible. You
must notify us to revoke an authorized user’s permission to use your
Account. If you do so, we may close the
Account and issue a new card or cards with a different account number.
12. Change in This Agreement: We may change any term of this Agreement,
including the rate of Finance Charge, as well as add and/or subtract terms, by
furnishing you notice of the change in the manner required by law. To the extent permitted by law, any new terms
may at our option be applied to any existing Account balance at the time of the
change, as well as to any subsequent transactions. If you do not agree to the change, you may
end this Agreement, but if you do, you agree to return Bealls credit cards to
us and to pay the total balance due under the current terms of your Account.
13. Credit Investigation: You authorize us to investigate your credit
history by obtaining credit reports and by making direct inquiries of
businesses where you have accounts, where you work, and financial institutions
where you bank. We may report
information about your Account to credit bureaus. Late payments, missed payments, or other defaults
on your Account may be reflected in your credit report. If you think we reported erroneous
information to a credit reporting agency, write to us at the address listed on
your billing statement, and we will investigate the matter.
14. Telephone Monitoring: We treat every customer call confidentially.
You agree that, on occasion, your call may be monitored by a second employee to
(1) ensure you receive accurate and courteous customer service, (2) monitor
employees’ performance and (3) train employees.
15. Waiver: We can delay enforcing our rights under this
Agreement without losing them.
16. Change of Address and
Governing Law: If you move, you
agree to notify us promptly either in writing or verbally by providing your previously
established password. Until we receive
written notice of your new address, we will continue to send billing statements
and other notices to the address you gave us on the application for this
Account. This Agreement is governed by
Federal Law and the Laws of the State of Florida. This Agreement shall not be effective until
we have approved your credit application.
17.
Arbitration: You agree that both you and we will arbitrate
any disputes as set forth in the arbitration terms that will be sent with your
card. Arbitration replaces the right to
go to court, including the right to a jury and the right to participate in a
class action or similar proceeding. You
have the right to reject these arbitration terms by following the instructions
set forth in those terms.
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.
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 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 listed on your bill.
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 preserve your rights.
In your letter, give us the following
information:
• Your name and account number.
• The dollar amount of the suspected error.
• Description of the error and explanation
of why you believe there is an error. If
you need more information, describe the item you are not sure about.
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. 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 any 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 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 telling us that you still refuse to pay, we must tell anyone we
report you to that you have a question about your bill. And, we must tell you the name to whom we reported you.
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 $50.00 of the questioned amount, even if your bill was
correct.
Special Rule for Credit Card Purchases
If you have a problem with
the quality of property or services that you have purchased with a credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining
amount due on the property or services.
Privacy Policy
At Beall’s, Inc., we are
committed to maintaining the confidentiality of information that we have about
you. Bealls does not sell or exchange
names, or any other information about our customers or former customers, with
non-affiliated third parties, other than name and address information to
parties that perform marketing services on our behalf, and except as permitted
by law.
We collect nonpublic personal information
submitted by you on credit applications and other forms and from consumer
reporting agencies. We use the
information to grant and maintain charge accounts and collect outstanding
amounts due. We also collect and
maintain transactional data in order to respond to any customer inquiries,
tailor our services and product offerings, and provide card member benefits.
We restrict access to personal information
to employees who need that data to provide products or services to you. We maintain all reasonable physical,
electronic, and procedural safeguards to protect your personal data. The
safeguards are reviewed periodically by independent auditors. If you close your Account, this policy still
applies.
To find out about changes in the information
in this application, write to us at:
P.O. Box 25207, Bradenton, Florida 34206,
Attn: Credit Department.
Bealls stores and BeallsFlorida.com are
operated by Beall’s Department Stores, Inc., Beall’s Outlet, Inc. and by
Beall’s West Gate Corporation.