The understanding debtor (sometimes referred to herein as “you” or “Debtor”) acknowledges the following, and agrees to be bound by the terms herein. You also understand and agree to rights and obligations described in this agreement and hereby agree to such terms that comply with the Federal Fair Debt Collections Practices Act and any applicable state law. You voluntarily, and under no duress, recognize that based on your credit history and/or other circumstances that the granting of credit under this agreement poses a high risk to Prestigio, and therefore, you agree to these terms and conditions in return for the granting of credit.
#1 Assignment; Prestigio Jewelers, Inc. (Prestigio) reserves the right to assign your account at any time to outside lending sources.
#2 Default; If your account becomes delinquent greater than 5 days, your account will be considered in default and a late fee or $25 shall be applied to the account balance. If default occurs, Prestigio reserves the right to accelerate the full account balance to become due immediately.
#3 Contact; In the event an account becomes past due and you fail to contact us, Prestigio may utilize personal references and place of employment as a means of contacting and/or locating you. If the account remains delinquent and you have failed to contact Prestigio, field officers may be dispatched to your home, place of employment, and personal references. The purpose of such action is limited to contacting you/or collecting upon said debt and/or the repossession of secured merchandise purchased through Prestigio and securing your debt.
#4 Collections; In the event your account becomes delinquent greater than 10 days, Prestigio reserves the right to refer your account to outside sources for legal action. You may then be bound, and held liable for any costs incurred by Prestigio or its attorneys, in the process of collecting a debt; such as court costs, processing fees, service fees, and those applied to the applicable Sherrif’s Department. Such costs and fees may be imposed to you in the way of additional amounts owed and added to the proceeding balance for which judgment and/or levy is being sought.
#5 Disclosure; In the event you fail to comply with the payment schedule as outlined on your invoice/account agreement, Prestigio or its attorneys may implement action which may include by are not limited to:
1. Contact with debtor at debtor’s residence, cell phone, personal references, and place of employment;
2. Field officers being dispatched to both debtor’s residence and place of employment for the purpose of contacting debtor and for collecting amounts due and/or the repossession of merchandise securing the debt;
3. Debtor’s account sourced outside of Prestigio for the purpose of instituting legal action; and
4. Civil action filed in the CA Superior Court for the issuance of civil judgment and execution of a wage garnishment for the maximum of 25% of said debtor’s gross income through the Sheriff’s Department to include all expenses incurred by Prestigio.
ADDITIONAL DISCLOSURES & TERMS AND CONDITIONS
I am applying to Prestigio Jewelers, Inc., a California corporation (“Prestigio”), JB Bubica Enterprise, Inc., a California corporation, or Bubica, Inc, a California corporation for a credit card account.
By applying, I understand that I am not eligible for a credit card account if:
1. My application is received after this offer has expired, is missing required information or the information is unreadable, inaccurate or cannot be verified.
2. My address is: a) outside of the 50 United States, Washington, D.C., or a U.S. military location; b) a correctional institution.
3. My monthly income does not exceed my monthly rent/mortgage payment by at least $425 (my monthly income is my disclosed total annual income divided by 12) or I am otherwise determined to be unable to make my monthly payments based on income, estimated living expenses and other debt I am responsible for.
4. I am under 18 years of age or do not have a valid social security number or individual taxpayer identification number.
5. I have a non-discharged bankruptcy (one that is still unresolved).
With respect to my application, I acknowledge that:
1. Approval is based on satisfying Prestigio Jewelers credit standards.
2. Any delinquencies and default history I may have may be considered in determining my credit worthiness.
3. Prestigio may contact me to obtain or confirm application information. Prestigio’s decision to contact me may be based on my credit worthiness.
4. I authorize Prestigio to check my credit and employment history and to answer questions about its credit experience with me.
5. If I am approved, Prestigio may contact me from time to time regarding my card and account as described in my customer agreement. For example, when I give Prestigio my mobile telephone number, I agree to receive calls, voicemails and text messages, including prerecorded messages, at that number from Prestigio and their authorized agents.
6. I will receive or have received the Prestigio Jewelers Purchasing Requirements & Retail Revolving Account and Opening Disclosures and am bound by its terms and all future revisions.
7. This offer is non transferable.
8. I understand that the exact amount of my credit line will be determined by Prestigio after review of my application and other information.
9. An applicant, if married, may apply for a separate account.
10. Everything that I have stated in this application is correct to the best of my knowledge.
Credit Applicants May:1) After credit approval, use a credit card account up to its credit limit; 2) Be liable for amounts extended under the plan to any joint applicant. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
IMPORTANT INFORMATION ABOUT CREDIT REPORTING
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.
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 us at:
Prestigio Jewelers
701 S. Ham Lane, Suite C
Lodi, CA 95242
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:
1. Within 60 days after the error appeared on your statement
2. 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 or notify us electronically, 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 our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct.
While we investigate whether or not there has been an error, the following are true:
1. We cannot try and 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 until we send you a notice about the outcome of our investigation, 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 the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true:
1. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify; and
2. You must not yet have fully paid for the purchase;
3. The purchase must have been made in the same state as your address and not further than 100 miles from your home address.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Prestigio Jewelers
Attn: J. Bubica
701 S Ham Lane, Suite C
Lodi, CA 95242
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.
Notice to buyers.
The disclosure above is accurate as of the date printing on September 1, 2020 and is effective. These Terms are subject to change after this date. Write to Prestigio Jewelers, P.O. Box 1387, Lodi, CA 95240 or call (209) 400-8864 for the most recent version of this agreement.
(209)400-8864
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