This Agreement covers the Terms and Conditions of your account with us. In this document, you will find important information about using and managing your account, including a Privacy Statement and information concerning your billing rights. Your use of the account, or failure to close the account within the 30 days of receiving this document, indicates your acceptance of the terms of this agreement, including the assessment of any finance charges and fees.
Section I of this agreement also includes a Jury Trial Waiver and an Arbitration provision in the event of a dispute.
Financial terms of your account: An at-a-glance summary of the fees and charges associated with your account
A. Getting Started: the basics of your account
B. Keeping your account in good standing: avoiding default, and what to do if your card is lost or stolen
C. Learning more about your account: credit plans and credit limits, and how payments are calculated and applied
D. Interest, fees and charges: when and how fees and costs are applied to your account
E. Other important information: legal rights, costs, and how we’ll handle changes to your account
F. Disputes & Reporting to Credit Agencies: data we provide, and receive from, credit reporting agencies, and what to do if you think there is an error on your periodic statement
G. Optional Products: how to protect your account from fraud or theft, and information on services that can help pay your debt in case of emergencies
H. Communicating with us: what happens when you contact us
I. Arbitration and jury trial waiver: how we’ll resolve disagreements, including a jury trial waiver and Arbitration provision
Privacy statement: how we collect, use, share, and protect your personal information; and the privacy choices you can make
In this Agreement, “We,” “Us” and “Our” mean Comenity Bank. “You” and “Your” mean each person who submits an application for an account with us. “Account” means your credit card account with us. “Card” means each credit card we issue for your Account (as applicable). “Credit Plan” means one or more payment program options EXPRESS may ask us to offer from time to time.
For your own protection, please sign your Card before using it. Keep in mind that your signature on the Card isn’t a prerequisite to your obligation to pay amounts incurred on your Account.
You’ll be in default under this Agreement if you:
If we consider your account in default, we may suspend your ability to make charges; close your account and require you to pay the full amount you owe immediately. If applicable law requires us to do so, we’ll tell you in advance and/or give you the opportunity to remedy your default.
If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you should write to us immediately at Comenity Bank, PO Box 182273 Columbus, OH 43218-2273 or call us at 1-800-201-4955 (TDD/TTY: 1-800-695-1788). 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 calculate Finance Charges separately for each Credit Plan, using a “Daily Balance” to determine Finance Charges for each Billing Period. Our calculation method is as follows:
Your Statement will show a Balance Subject to Interest Rate, which is the sum of the Daily Balance for each day in the Billing Period divided by the total number of days.
You agree to pay the following fees and charges:
As permitted under applicable law, you agree to pay the reasonable costs for collecting amounts due, including reasonable attorney’s fees and court costs incurred by us or another person or entity.
We may add, change, or delete the terms of your Account. If required by law, we will give you advance written notice of the change(s) and a right to reject the change(s).
You grant us a security interest in all goods you purchase through the use of the Account, now or at any time in the future and in all accessions to and proceeds of such goods. We waive any security interest we may have in your principal dwelling, to the extent that it would otherwise secure any obligation arising hereunder.
Please notify us immediately of any changes to your name or address.
THIS AGREEMENT IS GOVERNED BY Delaware AND APPLICABLE FEDERAL LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PERMITTED OR REQUIRED BY APPLICABLE LAW.
Your rights under this Agreement can’t be transferred by you, by operation of law or otherwise, but your obligations will be binding upon your estate or personal representatives. We may transfer or assign your Account and/or this Agreement, or any of our rights under this Agreement, to another person or entity at any time without prior notice to you or your consent.
We can delay enforcing our rights under this Agreement without losing them.
If any provision of this Agreement is in conflict with applicable law, that provision will be considered to be modified to conform with applicable law.
If you believe the account information we reported to a consumer reporting agency is inaccurate, you may submit a direct dispute to Comenity Bank, PO Box 182789, Columbus, OH 43218-2789. Your written dispute must provide sufficient information to identify the account and specify why the information is inaccurate:
We will investigate the disputed information and report the results to you within 30 days of receipt of the information needed for our investigation. If we find that the account information we reported is inaccurate, we will promptly provide the necessary correction to each consumer reporting agency to which we reported the information.
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: Comenity Bank, PO Box 182782, Columbus, OH 43218-2782
In your letter, give us the following information:
You must contact us:
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:
While we investigate whether or not there has been an error:
After we finish our investigation, one of two things will happen:
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:
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
PO Box 182782, Columbus, OH 43218-2782
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.
If we need to contact you to service your Account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your Account, to communicate with you in any way, such as calling, texting, or e-mail via:
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1. BELOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.