The SHOPNow Pay Plan® is a convenient monthly payment plan (low, easy-to-budget payments) PLUS it makes your shopping even easier. On your new Account, you can receive, try, and enjoy your order… before the first payment is due! You can use it to charge all your Dr. Leonard’s® or Carol Wright Gifts® catalog purchases.
All credit orders are subject to credit approval. Terms of The Offer:
If you accepted a “prescreened” offer of credit from us, our offer was based on preliminary information in your credit report indicating that you met certain of our criteria for creditworthiness. You have the right to prohibit use of information contained in your credit file with any credit reporting agency for all future credit transactions that are not initiated by you. You may exercise this right by calling 888-567-8688. We may limit the credit available to you, if you do not meet all of our creditworthiness criteria or we cannot verify information about you. You may receive an Account with a credit line ranging from a minimum of $50.00 or a higher amount specified by us. If you do not wish to accept the Account terms after learning your initial credit limit or for other reasons, you may do so by following the instructions shown above in the “Right to Cancel” section. You remain obligated to us as provided in this Agreement for any unreturned merchandise you obtain and finance using your Account. We may, at any time and for any reason, change your Account credit limit or close or suspend your Account, subject to any limitations or notices that may be required by law.
By requesting or maintaining an Account, you agree that Dr. Leonard’s Healthcare Corp.™ and its service providers may obtain consumer credit reports about you to evaluate your request for an Account and, after that, for purposes of reviewing, servicing, and collecting your Account. Upon your request, you will be informed whether a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. For information on monthly payment rates on balances in excess of $1,500 or with other questions, please write to us at: Dr. Leonard’s Healthcare Corp.™, P.O. Box 7822, 100 Nixon Lane, Edison, NJ 08818. The Minimum Monthly Payment will not decrease unless your Account is paid in full, or there is an adjustment to your Account which reduces the balance to a new lower balance as shown above.
DEFINITIONS AND GENERAL TERMS.
Definitions and General Terms: In this Agreement, the terms “we,” “us,” and “our” refer to Dr. Leonard’s Healthcare Corp.™ and any entity to which your Account or its unpaid balance may be assigned. The terms “you” and “your” refer to Dr. Leonard’s Healthcare Corp.™ customers who use their Private Label Revolving Credit Account (the “Account”) to make purchases from Dr. Leonard’s Healthcare Corp.™. Any reference to a “Card” means a card issued to you that can be used for Account access. The terms and conditions under which we have agreed to establish an Account for you are contained in this Revolving Credit Agreement and the accompanying Account Opening Disclosures (collectively, the “Agreement”). The Account Opening Table provided with this Agreement is incorporated into and made a part of this Agreement. You agree to the terms of the Agreement and promise to do everything the Agreement requires of you. You understand and agree that you may use the Account from time to time to make purchases from us, up to the maximum Account credit limit we establish from time to time. You promise to pay us in full for any and all purchases made with your Account, including any purchases that exceed your credit limit. You also promise to pay us the Interest Charges and Account Fees described in the Agreement. You will be bound by the Agreement as of the date you first request and obtain Account credit from us.
INTEREST CHARGES AND ACCOUNT FEES.
Interest Charges: Your Account is subject to Interest Charges (periodic rate Finance Charges). The Monthly Periodic Rate we use to determine the Interest Charges on your Account balances is determined by dividing the corresponding Annual Percentage Rate by twelve (12). Your Account will bear interest at these rates until all amounts you owe are paid in full or we are required by law to charge a lower rate. The Interest Charges for your Account Purchases are based on the rates above.
Balance Computation Method for MN, MS, and NM Residents (Average Daily Balance Excluding Current Transactions): We figure the Interest Charge on your Account by applying the applicable Monthly Periodic Rate to the “average daily balance” of your Account. To get the “average daily balance,” we take the beginning balance of your Account each day and subtract any unpaid Interest Charges, unpaid Account Fees, and any payments or credits. We do not add in any new purchases. This gives us the daily balance. Then, we add all the daily balances for the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the “average daily balance."
Balance Computation Method for Residents of All Other Jurisdictions (Average Daily Balance Including Current Transactions): We figure the Interest Charge on your Account by applying the applicable Monthly Periodic Rate to the “average daily balance” of your Account. To get the “average daily balance,” we take the beginning balance of your Account each day, add any new purchases, and subtract any unpaid Interest Charges, unpaid Account Fees, and any payments or credits. This gives us the daily balance. Then, we add all the daily balances for the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the “average daily balance.”
How To Avoid Paying Interest (Grace Period): To avoid Interest Charges on Purchases you make after the closing date of the prior Billing Cycle, you must pay the entire New Balance shown on the statement for the prior Billing Cycle before the payment due date of that statement. If you fail to do so, Interest Charges accrue on each Purchase from the date you made the Purchase, as long as this amount is unpaid. We will give you the benefit of a grace period for certain partial payments you make, to the extent and in those limited circumstances where required by law. No Interest Charges will not be imposed on Purchases you obtain during a Billing Cycle if: (a) your Account had no Previous Balance as of the opening date for that Billing Cycle; or (b) the total of all payments received and credits applied to your Account during that Billing Cycle was equal to or greater than the Previous Balance of your Account as of the opening date for that Billing Cycle.
Minimum Interest Charge: If you are charged Interest for a Billing Cycle, the Interest Charge will be no less than: (a) $1.00 for residents of AK, CA, CT, DE, FL, GA, ID, IL, KS, KY, NV, NH, NM, ND, OH, OR, RI, UT, VA, WA, and WI residents; (b) $0.75 for residents of TX; (c) $0.70 for residents of GU, MI, MO, NY, and TN; and (d) $0.50 for residents of AL, AZ, CO, FM, IA, IN, LA, MA, ME, MH, MN, MP, MS, MT, NJ, OK, PA, PW, SC, SD, VI, VT, WV, WY. There is no minimum Interest Charge for AR, DC, HI, MD, NE, NC, and PR residents.
Account Fees: The Account Opening Table discloses the returned payment fee we will add to your Account if your check or other payment instrument is returned to us unpaid or dishonored by your depository institution. The Account Opening Table also discloses the late payment fee we will add to your Account if you have not paid at least the Minimum Monthly Payment due within the number of days after your Payment Due Date shown in the table.
You may at any time pay the total New Balance of your Account or any portion of the balance greater than the Minimum Monthly Payment without penalty. Each month you must pay at least the Minimum Monthly Payment by the Payment Due Date shown on your monthly Account statement. Payments in excess of the Minimum Monthly Payment will reduce your Account balance and Interest Charges, but will not prepay or be applied against future Minimum Monthly Payments. Payments will be applied first to accrued and unpaid Interest Charges and Account Fees, then to the unpaid balance of Account purchases in the order charged to your Account.
If you fail to pay the Minimum Monthly Payment when due, or upon your default if otherwise defined under Applicable Law, or upon your becoming insolvent or the subject of bankruptcy or other insolvency proceedings, we will have the right to refuse to extend any further Account credit and, after giving you any notice and opportunity to cure the default required by Applicable Law, the right to declare all balances of your Account immediately due and payable.
If you provide or we receive a mailing address, e-mail address, or telephone number about where to contact you after you request or open an Account, you agree that we and our designated agents or representatives may use this information to contact you for any purposes we consider appropriate or necessary, and in any form possible and not expressly prohibited by law (including, but not limited to, e-mail messages, prerecorded and artificial voice message calls, text messages, calls made by an automatic telephone dialing system). You agree that this express consent applies to any communication any each such address or number you provide or we receive about you, now and in the future. You understand that you may incur access fees from your cellular telephone provider in connection with these calls and messages. You agree that we may monitor or record telephone calls made by you or to you.
We may close your Account to future purchases or limit their amount at any time. We may change this Agreement and your Account terms from time to time as permitted by law, after we give you any change in terms notice and any right to reject required by law.These changes will take effect as of the date shown in any notice we send. After this effective date, the Account and Agreement changes will apply to new Account purchases and balances you already owe us under the Agreement, to the extent permitted by Applicable Law. The Applicable Law governing your Account is applicable federal law and the law of the state of your address. If you notice the loss or theft of your Account or a possible unauthorized use of your Card, you should write to us immediately at: ShopNow Pay Plan Accounts Receivables, Attn: Special Account Handling, 100 Nixon Ln., Edison, NJ 08837. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50. We must be able to verify information you provide. You must be of legal age. When you have an Account, we may get credit reports to update our records at any time, or to decide whether to give you additional credit or for other legitimate purposes. See our Privacy Notice for information about how we may share information about you with other parties and your privacy rights.
You authorize us to send you, with no annual or membership fees - a FREE Dr. Leonard's SHOPNow Pay Plan®. All the terms and conditions stated here will apply to the SHOPNow Pay Plan®. You may use it to charge all your Dr. Leonard's® or Carol Wright Gifts® catalog purchases.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO BUYER: 1. YOU ARE ENTITLED TO A COPY OF THIS CREDIT AGREEMENT; KEEP IT TO PROTECT YOUR RIGHTS. 2. YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS CHARGE AGREEMENT. 3. SERVICE CHARGES (FINANCE CHARGES) NOT IN EXCESS OF THOSE PERMITTED BY LAW MAY BE CHARGED ON THE
YOUR USE OF THE ACCOUNT UNDER THIS AGREEMENT IS SUBJECT TO APPROVAL
BY DR. LEONARD'S HEALTHCARE CORP.™
ARBITRATION. All disputes, claims, or controversies arising from or relating to these rules or the relationships which result from this purchase contract, the validity of this arbitration clause, this purchase contract or these rules, shall be resolved by binding arbitration to be conducted between you, individually, and Dr. Leonard's Healthcare Corp.™ This arbitration provision is made in connection with a transaction in interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). All arbitration under this provision shall be conducted under the auspices of a single neutral and impartial arbitrator mutually agreed upon by you and us. The arbitrator must be an attorney or retired judge. If you and we cannot agree on an arbitrator, you and we agree that an arbitrator may be appointed by a court in accordance with the Federal Arbitration Act. You agree and understand that you have a right or opportunity to litigate disputes through a court, but that you and we have chosen to resolve disputes through arbitration, except as provided above with regard to enforcement of payment obligations. DR. LEONARD'S HEALTHCARE CORP.™ AND YOU VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU AND WE HAVE TO A JURY TRIAL IN CONNECTION WITH ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES COVERED BY THIS ARBITRATION PROVISION. You agree and understand that all disputes arising under case law, Statutory law (federal, state or local), and all other laws, including but not limited to, all contract, tort and property disputes, will be subject to binding arbitration in accord with this provision.
Married Wisconsin Residents Only: No provision of any marital property agreement, unilateral statement, or court order applying to marital property will adversely affect a creditor’s interests unless, prior to the time credit is granted, the creditor is furnished with a copy of the agreement, statement, or court order, or has actual knowledge of the provision. Married Wisconsin residents who apply for credit separately must notify us, in writing, of the name and address of their spouse, at the following address: Dr. Leonard’s Healthcare Corp.™, P.O. Box 7822, 100 Nixon Lane, Edison, NJ 08818.
Maryland Residents: Credit is extended under the Credit Grantor Revolving Credit Provisions of Md. Code,
Comm. Law 12-901.
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement.
If you think there is an error on your statement, write to us at: ShopNow Pay Plan Accounts Receivables, Attn: Special Account Handling, 100 Nixon Ln., Edison, NJ 08837. In your letter, give us the following information:
1. Account information: Your name and Account number.
2. Dollar amount: The dollar amount of the suspected error.
3. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and
why you believe it is a mistake.
You must contact us:
4. Within 60 days after the error appeared on your statement.
5. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount
you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do, we are not required
to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you
if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain why we believe the bill was correct.
While we investigate whether or not there has been an error:
1. We cannot try to collect the amount in question, or report you as delinquent on that amount.
2. The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
3. While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
4. We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
1. If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
2. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest
and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you
as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights if You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with us (Dr. Leonard’s Healthcare Corp.™, the merchant), you may have the right not to pay the remaining amount due on the purchase. To use this right, you must not yet have fully paid for the purchase. If this criteria is met and you are still dissatisfied with the purchase, contact us in writing at: ShopNow Pay Plan Accounts Receivables, Attn: Special Account Handling, 100 Nixon Ln., Edison, NJ 08837. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.