ALLURATM CARD

CARDHOLDER AGREEMENT

RETAIL INSTALMENT CREDIT AGREEMENT

CONSUMER CREDIT CONTRACT

CREDIT SALE CONTRACT

  1. GENERAL.
    This Agreement governs the use of your ALLURA account (your "Account"). In this Agreement and in your monthly statement, "we," "us" and "our" refer to Infusion Brands Inc., 1685 H Street, Suite 966 Blaine WA 98230 or our successors or assignees. "You" and "your" refer to all persons who applied and were approved for the Account. "Card" refers to the credit card issued to you by us to allow you to make purchases on credit, wherever the Allura Card is accepted, under your Account. "Application" refers to any (i) written or electronic application or acceptance certificate you signed or otherwise submitted or (ii) oral request for credit or acceptance of a telephone offer of credit. Your Application, any card carrier we send with your Card(s), any other written document (including an electronic record) evidencing any purchases made under your Account and any notices we give you with your Agreement are part of and incorporated into this Agreement. Please read and keep these documents for your records. The Agreement begins on the earlier of (i) the date your acceptance of an offer or Application for credit is finally approved by us or (ii) the first date that we extend credit to you or someone authorized by you on your Account (in NY, the first date that you or someone authorized by you signs a sales slip or memorandum or the first date that another document is issued to you or someone authorized by you as evidence of a transaction on the Account; you are not responsible before this date for purchases made by use of the Card after its loss or theft).
  2. USING YOUR ACCOUNT.
    We will provide each of you one or more Cards that you may use, wherever the Allura Card is accepted, to make purchases on credit from time to time under your Account, up to any credit limit we may establish for your Account (your "Credit Limit"). The use of your Account number to obtain credit will be considered a use of the Card. We reserve the right to change your Credit Limit from time to time without prior written notice to you.
  3. PROMISE TO PAY.
    You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all credit that we extend on your behalf and all other amounts owed to us under the terms of this Agreement.
  4. YOUR ACCOUNT STATEMENT
    We will send you a billing statement (your "Statement") for each monthly billing cycle in which:
    1. the balance of your Account (including unpaid purchases, Finance Charges and fees) on the last day of that billing cycle (the "New Ending Balance") is greater than $1 (debit or credit);
    2. we impose a Finance Charge or a fee;
    3. there is any other activity on your Account; or
    4. as otherwise required by applicable law. We will send your Statement to the postal address specified on your Application. You agree to notify us promptly of any change in your postal address in writing and/or by calling our Customer Service at (800) 690 6066.
  5. FINANCE CHARGES.
    When your Account has a balance subject to a Finance Charge (see paragraph 6 below), we will assess a Finance Charge calculated by multiplying the average daily balance of your Account ("Average Daily Balance") by a daily periodic rate of Finance Charge ("Daily Periodic Rate"). The Daily Periodic Rate is determined by dividing the Annual Percentage Rate ("APR") by the number of days in the year. Except in AL, AR, CO, DC, FL, GA, HI, IN, LA, MD, MA, MI, MN, MS, NE, NC, OH, OK, SC, TN, TX, VT, WV and WY, the Daily Periodic Rate is 0.0789% (corresponding APR of 28.8%). In DC, HI, MD, MI, OH and WV, the Daily Periodic Rate is 0.0655% (corresponding APR of 23.9%). In CO, GA, IN, MS, OK, TN, TX, VT and WY the Daily Periodic Rate is 0.0573% (corresponding APR of 20.9%). In AL, FL, LA, MA, MN, NE, NC and SC, the Daily Periodic Rate is 0.0490% (corresponding APR of 17.9%). In AR, the Daily Periodic Rate is 0.0137% (corresponding APR of 5%).
  6. BALANCE SUBJECT TO FINANCE CHARGE.
    We will figure the Finance Charge on your Account by applying the Daily Periodic Rate to the Average Daily Balance (excluding new purchases) and multiplying the result by the number of days in the billing cycle. To get the Average Daily Balance, we:
    1. take the beginning balance in your Account each day, which includes unpaid Finance Charges (except in AR, HI, LA, MD, MS, NM, PA, SC and WV);
    2. add any Late Payment Fees (except in CO and NM), Returned Payment Fees (except in CO, HI, NM and SC) or Replacement Card Fees (except in NM) assessed on that day; and
    3. subtract any payments or credits posted on that day. We do not add in any new purchases. We then multiply this balance by the Daily Periodic Rate and add that day’s Finance Charge to this balance to get the ending balance for that day, which becomes the beginning balance for the next day. Then we add up all the ending daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance.
  7. WHEN FINANCE CHARGES BEGIN TO ACCRUE.
    You will have 25 days from the Statement closing date to pay the New Ending Balance before Finance Charges will accrue on your Account. Finance Charges will be imposed on any new purchases only if they are not paid within 25 days after the close of the billing cycle. No Finance Charges will be imposed in any billing cycle in which there is no beginning balance on your Account or payments and credits during the cycle equal or exceed the beginning balance.
  8. PAYMENTS.
    1. Minimum Payment
      You agree to pay at least the Minimum Payment shown on each Statement in time for receipt by us by the Payment Due Date shown on that Statement. The Minimum Payment will be the greater of:
      1. 4% of your New Ending Balance or
      2. $25, except that if your New Ending Balance is less than $25, your entire New Ending Balance will be due. Your Minimum Payment will never exceed your New Ending Balance.
      You may at any time pay off your entire balance in full or more than the Minimum Payment without incurring any additional charge. All payments except disputed payments must be mailed or delivered to us at the address for payments shown on your Statement.
    2. Disputed Payments. All written communications concerning disputed amounts, including any check or other payment instrument that;
      1. indicates that the payment constitutes "payment in full" of the amount owed.
      2. is tendered with other conditions or limitations or (iii) is otherwise tendered as full satisfaction of a disputed amount, must be mailed or delivered to us at the address for billing inquiries shown on your Statement, not the address for payments.
    3. Application of Payments.
      We reserve the right to apply payments to your Account in any manner we choose in our sole discretion, subject to applicable law. Unless we notify you otherwise, we will apply your payments first to Finance Charges and fees and then to purchases in the order in which they were posted to your Account.
  9. LATE PAYMENT FEE.
    If we do not receive your Minimum Payment within 10 days after the Payment Due Date, you agree to pay a Late Payment Fee of (i) $5 in AZ, KS, MO and NE; (ii) $10 in AL, CA, FL, IL, KY, LA, MT, NJ and WY; (iii) $15 in CO, DC, GA, ID, IN, IA and OK; and (iv) $25 in AK, CT, MD, MI, MN, MS, NV, NH, NM, NY, ND, OH, OR, PA, SD, TN, UT, VT, VA and WI. No Late Payment Fee will be charged in AR, DE, HI, ME, MA, NC, RI, SC, TX, WA or WV.
  10. RETURNED PAYMENT FEE.
    If any check, electronic payment or other payment instrument that you have used for payment on your Account is returned unpaid, you agree to pay a Returned Payment Fee of (i) $15 in CA, MO and TX; (ii) $20 in CT, HI, ID, IN, IA, NJ and TN; and (iii) $25 in AL, AK, AR, CO, FL, GA, KS, KY, LA, MA, MN, MS, MT, NV, NH, NM, ND, OH, OK, RI, SC, SD, UT, VT, VA and WI. No Returned Payment Fee will be charged in AZ, DE, DC, IL, ME, MD, MI, NE, NY, NC, OR, PA, WA, WV or WY.
  11. REPLACEMENT CARD FEE:
    In AK, AZ, AR, CT, GA, ID, KY, LA, MN, MS, MT, NV, NH, NM, ND, OH, RI, SD, TN, TX, UT, VT and VA, we may charge a Replacement Card Fee of $10.00 for the replacement of any Allura Card that is lost, stolen or damaged.
  12. ATTORNEYS’ FEES AND OTHER COLLECTION COSTS.
    If, after default, we refer your Account for collection to an attorney who is not our salaried employee, we may, to the extent permitted by applicable law, charge you or collect from you our collection costs, including court costs and reasonable attorneys’ fees. In CO, CT, DC, KS, LA, MO, MT, NY and SC, our reasonable attorneys’ fees will not exceed 15% of the unpaid debt. We will not charge you attorneys’ fees in AR, CA, HI, IA, ME, MD, NE, NJ, NC, ND, OH, OK, PA, SD, WV or WI. In NH, reasonable attorneys’ fees will be awarded to you if you prevail in any action; if you successfully assert a partial defense, set off, recoupment or counterclaim, the court may withhold from us all or part of the attorneys’ fees.
  13. SPECIAL PAYMENT PLANS.
    From time to time we may offer one or more special payment plans with respect to certain purchases on your Account (each a "Plan" or "Plan ID"). The standard provisions of this Agreement (including the provisions regarding Finance Charges and fees) apply to any Plan unless inconsistent with a particular Plan offering. If you use your Account in accordance with the terms of a Plan, you acknowledge and agree to the terms of the Plan disclosed to you at the time of the transaction. No formal modification or amendment of this Agreement will be necessary. The standard provisions of this Agreement will continue to apply to any and all transactions that are not subject to a Plan.
  14. CHANGE IN TERMS.
    We may, at any time and subject to applicable law: (a) terminate this Agreement; (b) terminate your right to make future purchases; (c) change your Credit Limit; or (d) add new terms or delete or change any terms and conditions of this Agreement relating to your Account (including changing from a fixed to a variable Periodic Rate, increasing any fixed rate of Finance Charge, increasing or adding fees or charges, changing the method of computing the balance upon which Finance Charges are assessed or changing the date upon which Finance Charges begin to accrue). Unless prohibited by applicable law, we may apply any new or changed term to any outstanding balance of your Account on the effective date of the new term or change in terms and to any future balances incurred after that date. When required by applicable law, we will provide written notice of a new or deleted term or change in terms to you. No new term or change in the terms of this Agreement will affect your obligation to pay all amounts owing under this Agreement.
  15. CANCELLATION.
    We may cancel your Account, refuse to allow further transactions, offer credit on different terms, adjust the amount of credit available to or revoke your Card at any time, with or without cause. Ongoing or subsequent extensions of credit are subject to credit evaluation at time of request. We may terminate your Account without notice if you change your address to a jurisdiction in which credit is not available at that time. You may cancel your Account by writing to Allura Card Services at 1733 H Street, Suite 330-966 Blaine, WA 98230. If either you or we cancel your Account, you agree to destroy your Card(s) immediately. Cancellation of your Account will not affect your liability to us for credit we have extended to you.
  16. DEFAULT.
    Subject to the limitations of applicable law, you will be in default under this Agreement upon:
    1. failure to make at least the Minimum Payment when due;
    2. your violation of any other term of this Agreement;
    3. your death; or
    4. becoming the subject of bankruptcy or insolvency proceedings.
    17. After default, subject to the limitations of applicable law, we have the right to:
    1. reduce your Credit Limit or terminate your Account, in which case the terms of this Agreement will apply until full payment of the amount owing on your Account, including Finance Charges to the date of full payment, is received;
    2. require you to pay your entire Account balance, including Special Payment Plan balances, all accrued but unpaid Finance Charges and all fees and other charges listed in this Agreement immediately;
    3. bring an action to collect all amounts owed; and
    4. accept, without losing our rights under this Agreement or otherwise, late or partial payments or checks or other payment instruments marked "payment in full."
  17. LIABILITY FOR UNAUTHORIZED USE.
    You may be liable for the unauthorized use of your Card. You agree to promptly notify us upon learning of the loss, theft or possible unauthorized use of your Card. You will not be liable for unauthorized use that occurs after you notify Allura Card Services at 1733 H Street, Suite 330-966 Blaine, WA 98230 by writing or calling at 1 (800) 690 6066. In any case, your liability will not exceed $50.00. If you give us notice orally, you agree to confirm it in writing.
  18. CREDIT REPORTS AND ACCOUNT INFORMATION.
    You give us permission to request information from you and to make whatever inquiries we consider necessary and appropriate (including requesting a consumer report from consumer reporting agencies) in considering your Application and for the purposes of any updates, renewals or extensions of credit or reviewing or collecting your Account. NY Residents: Upon your request to Allura Card Services 1733 H Street, Suite 330-966 Blaine, WA 98230, we will inform you of the name and address of each consumer reporting agency from which we obtained a consumer report, if any, relating to you. We also may obtain information about your credit worthiness and employment from others and may furnish information concerning your Account as well as information concerning you to consumer reporting agencies and to other proper parties.
  19. NOTICE OF INACCURATE INFORMATION.
    If you believe that we have information about you that is inaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that you believe is inaccurate by writing to Allura Card Services 1733 H Street, Suite 330-966 Blaine, WA 98230.
  20. TELEPHONE MONITORING.
    time to time, we may monitor and/or record telephone calls regarding your Account with us to assure the quality of our service, and you agree to any such monitoring and/or recording.
  21. DELAY IN ENFORCEMENT.
    We can delay or waive enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later time.
  22. ASSIGNMENT.
    We may assign your Account to FirstCharge Financial Services Inc. We or any subsequent assignee of your Account may sell, assign or transfer all or any portion of your Account and our rights under this Agreement without prior notice to you. You may not sell, assign or transfer your Account.
  23. SEVERABILITY.
    If any provision of this Agreement is finally determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be valid and enforceable.
  24. ENTIRE AGREEMENT.
    This Agreement, including any other written, oral or electronic document incorporated into and made a part of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. If there is any conflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not be amended except in accordance with the provisions of paragraph 14 of this Agreement.
    CA Residents: Finance Charges will be compounded on your Account.
    MD Residents: You have the right under Section 12 510 of the Commercial Law Code to receive an answer to a written inquiry concerning the status of your Account.
    NJ Residents: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions is void, unenforceable or inapplicable in New Jersey.
    OH Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy 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.
    TX Residents: To contact FirstCharge Financial Services Inc. about this account call (800) 690 6066. This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Blvd., Austin, Texas 78705 4207; (800) 538 1579; (512) 936 7000, and can be contacted relative to any inquiries or complaints.
    NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE 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. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.
  2. YOU ARE ENTITLED TO AN EXACT, READABLE, COMPLETELY FILLED-IN COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT.
  3. KEEP THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS.
  4. YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS AGREEMENT.

HI RESIDENTS:

THIS CONTRACT IS COVERED BY HAWAII’S CREDIT SALE LAW. YOU HAVE THE RIGHTS OF A BUYER UNDER THAT LAW AND YOU ALSO MAY HAVE RIGHTS UNDER OTHER STATE AND FEDERAL LAWS.

MA RESIDENTS:

YOU MAY CANCEL A PURCHASE UNDER THIS AGREEMENT IF IT HAS BEEN SIGNED BY A PARTY THERETO AT A PLACE OTHER THAN THE ADDRESS OF THE SELLER WHICH MAY BE HIS MAIN OFFICE OR BRANCH THEREOF; PROVIDED YOU NOTIFY THE SELLER IN WRITING AT HIS MAIN OFFICE OR BRANCH, BY ORDINARY MAIL POSTED, BY TELEGRAM SENT OR BY DELIVERY, NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING A PURCHASE UNDER THIS AGREEMENT.

  • RETAIL INSTALMENT CREDIT AGREEMENT
  • CREDIT SALE CONTRACT
  • NONNEGOTIABLE CONSUMER NOTE

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.

Cardholder: Your name, address and signature (including any electronic or digital record or signature) on any Application or any other document incorporated into and made a part of this Agreement represent your name, address and signature on this Agreement.

Seller:
Infusion Brands Inc.
1733 H Street, Suite 330-735
Blaine, WA 98230

Mr. Michael Prokop
Director of Card Services


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 Errors or 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 shown on your Statement under billing inquiries. 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:

If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur.

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 by then. 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 that 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 of anyone we reported you to. 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 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 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. There are two limitations on this right:

  1. You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and
  2. The purchase price must have been more than $50.

These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.