Terms and Conditions
Seller’s Revolving Account Agreement and Disclosure
This Agreement and Disclosure Statement (“Agreement”) governs the use of your Diamond City charge account. In this Agreement the terms “we,” “us,” or “our” mean Diamond City Jewelers. The terms “you” and “your” mean the person or persons, if more than one, who have signed this Agreement.
- No cash refunds. No returns. Even exchanges ONLY within 30 days.
- Type of Account. You are applying for, and we may approve for you, a revolving charge account (your “Account”) under which we will permit you to make purchases up to the amount of your unused credit limit (your “Available Credit”). Your “Credit Limit” is the maximum amount we have approved for you to owe us at any single time. We have notified you in the Purchase Agreement of your initial Credit Limit.
- Promise to Pay. You promise to pay us, according to the terms of this Agreement, for all purchases, finance charges, and any other charges that may be assessed to your Account, including purchases made by anyone else you permit to use your Account.
- Minimum Monthly Payment. The minimum monthly payment will remain the same until (i) your amount is paid off or (ii) any new agreement is formed between you and Diamond City. Your minimum monthly payment will also include any unpaid fees that were assessed as a result of late payments. You must mail the payment to the address shown on the monthly Billing Statement, arrange for electronic debits from a bank account, or if you choose, you may make payments in person at Diamond City retail stores. Your payment will be credited as of the date of receipt by us (whether mailed or made in person). You can pay the outstanding balance on your Account in full or in part at any time without penalty.
Notice: See below for important information, including information about your right to dispute billing errors.
- Billing Statements. We will send you a Billing Statement for each monthly billing cycle when your Account has a debit or credit balance of more than $1.00 or when a finance charge has been imposed on your Account. The Billing Statement will show your Previous Balance, dates and amount of purchases charged to the Account during the billing cycle, payments and other credits, the Average Daily Balance of your Account for the billing cycle, the amount of any Finance Charge imposed in the billing cycle, the New Balance of your Account, the Minimum Payment you must make, additional Late Payment fees assessed to your account, if any, in addition to the Minimum Payment and the Payment Due Date by which your payment must be received by us.
- Application of Payments. We will apply payments we receive from you in the following order: first, to accrued but unpaid Finance Charges from previous Billing Statements; next, to accrued but unpaid Finance Charges included in the most recent Billing Statement; and finally, to purchases and other debits charged to the Account, in the order posted to the Account.
- FINANCE CHARGE. “FINANCE CHARGE” means the cost to you of the credit extended expressed as a dollar amount. The FINANCE CHARGE is computed by applying the periodic rate to your Average Daily Balance (including current purchases). To get the Average Daily Balance, we take the beginning balance of your Account each day, add any new purchases and subtract any payments or credits and any unpaid FINANCE CHARGES. This gives us the Daily Balance. Then we add all the Daily Balances in the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance.
To determine any billing cycle’s FINANCE CHARGE, we multiply the Average Daily Balance by a monthly periodic rate of 1.75 percent (corresponding ANNUAL PERCENTAGE RATE of 21%). All purchases are subject to a FINANCE CHARGE at the monthly periodicrate beginning on the date of purchase, unless the delivery of goods or the completion of performance of services is more than 10 days later. Then, the FINANCE CHARGE begins on the delivery date or the completion of performance of services. If we receive the full New Balance shown on your monthly Billing Statement by the Payment Due Date for that Billing Statement, no additional FINANCE CHARGE on that New Balance will be charged on any later Billing Statement.
- Late Payment Fee. If the full amount of the Minimum Payment (shown on your Billing Statement) is not received within seven days following the Payment Due Date on your Billing Statement, your Account will be assessed a late fee of $25.00.
- Change of Terms. We may, at any time and to the extent not prohibited by applicable law, change the terms and conditions of your Account, including your Credit Limit or the periodic rate of FINANCE CHARGE, by mailing or emailing a written notice, in accordance with applicable law, to you at your last known billing address.
- Skip Payment Option. At our option, we may permit you to skip making a monthly payment for one or more months without penalty. FINANCE CHARGES will accrue on the outstanding balance of your Account during the skip-payment period. We will tell you in your monthly Billing Statement if a skip-payment period will be available.
- Returned Check Fee. If the check, or other payment instrument you give us, is not honored by your bank (“bounces”), we may charge your Account a Returned Check Fee of $30.
- Copy Charges. To the extent allowed by law, you will pay us a reasonable charge for copies you request of sales slips and other account documents. We will not charge you for copies related to your claims of a billing error.
- Default. If you don’t fully pay any Minimum Payment due by the date shown on the monthly Billing Statement, or if you otherwise default under this Agreement, we may, at our sole and absolute discretion, perform any or all of the following actions: (a) refuse any additional purchases on your Account; (b) declare all you owe immediately due; or (c) sue you for what you owe . You agree to pay our reasonable collection expenses and attorney’s fees.
- Account Termination or Temporary Suspension. We can terminate your Account, accelerate the balance of your Account requiring you to pay us the entire outstanding balance in one payment, and charge you certain fees; or we can temporarily suspend credit privileges for your Account, refuse to permit additional purchases or reduce your credit limit if you do not make your Minimum Payments under this Agreement or if you engage in fraud or material misrepresentation in connection with your Account. We may also terminate your Account privileges due to inactivity or if you move from our service area.
If we temporarily suspend your Account privileges, the suspension will become effective on the date on which we mail you notice. During the suspension period you must still pay at least your Minimum Payment each month. When the reason for which your Account was suspended ceases to exist, if you request us to do so, we will reinstate your Account privileges.
- Credit Information. You represent that the information you provided to us in your Application is correct and may be relied on by us. We may reexamine and reevaluate your creditworthiness at any time. You authorize us to receive information from others concerning you or your accounts and you agree to submit current financial information to us at any time (at least once a year) if we request it. We may report our experience with you to others including other financial institutions and credit bureaus.
- Change of Name, Address, or Employment. You agree to notify us in writing if you change your name, address, or place of employment.
- Waiver. We can waive or decline to enforce any of our rights under this Agreement at any time without losing them.
- Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California.
- Notice. As required in this agreement, notice to us must be sent to the address shown on your latest Purchase Agreement, to be effective when received. Notice to you can be sent to you at any of the following: (i) your address in our records, (ii) your email, (iii) your fax, or (iv) text message to your cell phone to be effective.
- Severability. If any provision of this Agreement is held to be unenforceable, that determination will not affect the validity of the remaining provisions of the Agreement.
- Joint Accounts. If this is a joint account, each of you will be jointly and individually responsible for all amounts due on this Account. On request by any party to the Account or on receipt of inconsistent instructions, we may, at our option and without notice to any other party, refuse to permit any purchase, or refuse any other request with respect to the Account.
- Assignment of Agreement. You agree that we may, at our option, assign your payment obligations under this Agreement to anyone we choose. We cannot assign our obligations to perform services financed under this Agreement. If we transfer this Agreement to an assignee you will be given notice of the assignment, and you agree that the assignee will have all our rights and remedies under this Agreement and you agree to pay all that is still owed under this Agreement at the times, and in the amounts, to the assignee.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS 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
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:
1902-A Contra Costa Blvd
Pleasant Hill, CA 94523
In your letter, give us the following information:
- Account information: Your name and account number.
- Dollar amount: The dollar amount of the suspected error.
- 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:
- Within 60 days after the error appeared on your statement.
- At least three 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 (or electronically). 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:
- 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.
- Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen:
- 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.
- 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.
By agreeing to the terms and conditions, debtor agrees to the following terms and conditions.
Diamond City Jewelers reserves the right to assign your account at any time to outside lending sources.
If your account becomes delinquent greater than 7 days, your account will be considered in default and a late fee of $25.00 shall be applied to the account balance. If default occurs, Diamond City Jewelers reserves the right to accelerate the full account balance to become due immediately.
The monthly interest rate is 1.75%. A monthly interest charge will be shown on your account and is calculated by multiplying the monthly interest rate of 1.75% by the average daily balance. See disclosures on the back of your Security Agreement for more details. Diamond City Jewelers has a 30-day same as cash policy. This means that there will be no interest charges to your account for the first 30-day billing cycle. If you DO NOT pay off your account in full within the first 30 days after your purchase, the interest charges that should have been assessed to your account for the first 30-day billing cycle together with the interest charge for the second 30-day billing cycle will be shown on your second statement. After your second statement, you will see interest charges for only one month which is the month of the billing statement you are receiving.
In the event your account becomes delinquent greater than 30 days, Diamond City Jewelers reserves the right to refer your account to outside sources for legal action. The consumer agrees to be responsible to pay Diamond City Jewelers for any costs incurred by Diamond City Jewelers in the process of collecting on a debt. Fees such as court costs (est. $100), processing fees (est. $80), service fees (est. $50), and those applied by the applicable Sheriff’s Department (est. $125) shall be passed on to the consumer in the way of additional monies owed and added to the preceding debt balance being collected upon.
Collections & Contact
Diamond City Jewelers reserves the right to refer your account to outside sources for legal action. Consumer’s complete disregard for said debt and failure to comply with payment structure as outlined on the Security Agreement will result in legal actions which include but are not limited to:
- Calls to debtor’s residence, cell phone, personal references, and place of employment.
- Field officers routinely dispatched to both debtor’s residence and place of employment and references for the purpose of collecting all monies and/or repossession of merchandise secured by Diamond City Jewelers. This involves the indiscreet posting of collection, delinquent, or legal notices if direct contact is not achieved at the time of serving. A collection fee of $35 per location visited for the purpose of collecting and delinquent sums under the Security
Agreement will be added to the total sum due.
- Debtor’s account sourced to 3rd party collection agencies for the purpose of legal actions.
- Civil action will take place through Contra Costa Superior Court for the issuance of a civil judgment. This action is for the purpose of executing a wage garnishment and liens against any and all assets you may own with assistance from the Sheriff’s Department in the county you reside. Garnishment shall include all said expenses incurred by Diamond City Jewelers in the process of collecting amounts owed to Diamond City Jewelers, and shall be granted for the maximum of 25% of said debtor’s gross income.
Late Payment Warning
If your payment is not received within 7 days of your due date, you will be subject to pay a $25.00 late fee and you’re A.P.R. may increase from your current rate to the A.P.R. of 21.99%.
Loss or Stolen
Warranty is not insurance. We will provide you with a one-time replacement cost on items you purchase as long you personally make the claim, provide us with a copy of the police report and/or have not had a claim within a year of the purchase. The replacement cost will be based on the market value not to exceed 50% of the original purchase; item may be replaced with same or similar item of equal value.
If, at any time, there is a breach of contract or situation where early termination of a contact occurs, a restock will be required of 25% of the purchase.
The warranty you purchased will cover all that is included in your warranty certificate with the agreement that you will come in every three months for cleaning and inspection and have your certificate signed by one of our qualified specialists. If this requirement is not met by you, your jewelry warranty will be voided.
Authorization is hereby granted to Diamond City Jewelers to obtain a standard factual credit report, at any time deemed necessary, through a credit reporting agency chosen by Diamond City Jewelers.
Please contact our staff for warranty purchase or additional details.
My agreement to these terms authorizes Diamond City Jewelers, or any of its affiliates to obtain and/or verify information at any given time regarding my present, previous, or future employment. Authorization is further granted to Diamond City Jewelers to use a photo static reproduction of this authorization, if necessary, to obtain information regarding the above mentioned information.
Applicants understand that information verified included, but is not limited to, employment history, banking records, place of residence, personal references, skip tracing, and outstanding credit accounts.
Metal Price Fluctuations
Diamond City Jewelers reserves the right to cancel or change an order based on the volatility of the price of metal.
Any reproduction of this credit report authorization and information release form made by reliable means, e.g., photocopy or facsimile, is considered original.
By placing this order you agree that you will not hold Diamond City Jewelers (DCJ) responsible for any errors in text or price on this website. Prices are subject to change without notice due to the price of precious metals, diamonds, and gemstones changing on a regular basis. If you place an order and there are any issues, we will notify you for a resolution to your satisfaction. DCJ has the right to refuse your order for any reason including but not limited to unavailability of merchandise, pricing errors, pricing changes, down payment problems, shipping problems. Your application and order may also be refused if DCJ is unable to verify references, employment or any other aspect of your credit application. If any problems arise, DCJ will contact you by email or telephone. Information will be verified before merchandise is shipped. Additional down payment may be required based on the information provided in the credit application. There is no prepayment penalty.
Diamond City Jewelers is offering to you, at the sole discretion of Diamond City Jewelers, a revolving credit account to purchase jewelry at Diamond City Jewelers. Other terms and conditions apply. To process the application you must complete all aspects of the credit application including but not limited to your name, street address, date of birth, and other identifying information, and we may ask for identifying documents from you as well. Some revolving credit limits may require a minimum of a 25% down payment with a monthly periodic rate of 1.75% on the outstanding balance. Your revolving credit limit, down payment, and interest rate will be determined by your annual income and review of your debt, time at your current place of employment, and other credit related information. If you do not purchase jewelry from Diamond City Jewelers, a credit limit will not be set for you. A Diamond City Jewelers credit limit will only be set once you purchase a piece of jewelry from us.
By agreeing to these terms and conditions, I certify that the information provided, which was given by me to obtain credit, is complete and true to the best of my knowledge. I understand that you will retain this application whether or not it is approved. I agree to be bound by all the terms and conditions for my account. I authorize Diamond City Jewelers to verify or check any of the information I have given both orally and in writing, check and/or contact my credit references, verify employment, and obtain credit reports at any given time at Diamond City Jewelers’ discretion. If this is a joint account, I understand that I may be liable for all credit extended under the account to any coapplicant. To ensure quality service all calls are randomly monitored.
Credit Card/Debit Card Payment Authorization
I authorize Diamond City Jewelers to charge my card used according to my due dates. I understand that if my card should be declined, Diamond City Jewelers reserves the right to process this card at any time to ensure payments are made and my account kept current.