|Interest Rates and Interest Charges|
|Annual Percentage Rate (APR) for Purchases||5.75% - 25.99%|
|How to Avoid Paying Interest on Purchases||Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month.|
|Minimum Interest Charge||VARIES BY STATE
$0.00 - $1.00
|For Credit Card Tips from the Consumer Financial Protection Bureau||To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore|
Late payment fee
VARIES BY STATE
$0.00 - $15.00
VARIES BY STATE
$0.00 - $25.00
HOW WE WILL CALCULATE YOUR BALANCE: We use a method called "average daily balance" (including new purchases, except in MA, MN, MT, NM)
FINANCE CHARGES: AL 21% up to $750, 18% over $750; AR 5.75% Variable (Federal Reserve Discount Rate plus 5%); CO, GA, IN, MS, OK, TN, TX, VT, WY 21%; FL, GU, LA, MA, MN, NC 18%; NE 21% up to $499.99, 18% over $499.99; DC, HI, MD, MI, OH, WV 23.99%; All other states 25.99%
LATE CHARGES: If you live in one of the following states and you fail to pay the full Minimum Payment Due (Minimum Monthly Payment plus any past due amount) on or before the due date listed on your monthly statement you will be assessed a late payment fee as follows, not to exceed the minimum payment due: AK, AR, CO, CT, DC, GA, IN, MD, MI, MS, MN, ND, NH, NV, NY, OH, OR, VI, WI - $10 after 10 days if balance less than $100, $15 after 10 days if balance $100 or more; FL, IL, MT, NJ, WY - $10 after 10 days; ME - lesser of 5% or $10 after 15 days; RI - $10 after 30 days; VA - $10 after 30 days if balance less than $100, $15 after 30 days if balance $100 or more; IA - $10 after 1 day if balance less than $100, $15 after 1 day if balance $100 or more; CA - $10 after 15 days if balance less than $100, $15 after 15 days if balance $100 or more; TX - $10 after 21 days; HI, WV - the lesser of 5% or $15 after 10 days; SC - the lesser of 5% or $10, at least $5.80 after 10 days; MA - the lesser of 10% or $10 after 15 days; NE - the greater of 5% or $5 not to exceed $15 after 10 days; AL, KY, LA - the greater of 5% or $10 not to exceed $15 after 10 days; ID, OK - $10 if balance less than $100, the greater of 5% or $15, not to exceed $15 on balances of $100 or more, after 10 days; UT - $10 if balance less than $100, the greater of 5% or $15 not to exceed $15 on balances of $100 or more, after 1 day; AZ, KS, MO - $5 on installments of $25 or less, $10 above, after 10 days; NC - $5 on installments of $100 or less, $10 above, after 30 days; WA - $10 on accounts with an average balance of $100 or more, less than $100 average balance greater of $2 or 10% of balance not to exceed $10.
RETURNED PAYMENT: If you live in the following states, you will pay a returned check charge for each check, order, or electronic payment instruction returned to us or not paid by your bank; fee will not exceed the minimum payment due at the time the check is received; AL, HI, MN, SC, AR, CO, FL, IL, NH, OK: $25; AK, CT, DC, ID, IN, IA, KY, ME, MA, MI, MS, MT, NJ, NM, NV, NY, ND, OH, TN, UT, VI, WI: $20; CA, MD, MO, TX: $15; AZ, KS, PR, $10; GA, LA greater of 5% of check amount or $25.
MINIMUM FINANCE CHARGE: AK, CA, CT, DE, FL, GA, ID, IL, IA, KS, KY, NV, NH, NM, ND, OH, OR, RI, UT, VA, VI, WA: $1.00; TX: $0.75; GU, MI, MO, NY, TN: $0.70; AR, DC, HI, MD, NE, NC, PR : None; All Other States: $0.50
MIDNIGHT VELVET® CREDIT TERMS effective October 19, 2019
DEFINITIONS: Account - Your Midnight Velvet credit account; the relationship between you and us established and governed by this Agreement. Agreement – These Midnight Velvet Credit Terms and the accompanying table of rates and fees, as they may be amended in the future, including state specific terms that apply to your current or future state of residence. Balance – The amount due on your Account at any given time, including the principal balance, unpaid interest and all applicable fees. Us – “Us”, “we” and “our” refer to Midnight Velvet and its agents, affiliates and/or service providers that are or may be engaged in the opening, maintenance, collection and/or reporting of your Account. User – Anyone with real or apparent authority to use your Account. You – “You”, “your” and “yours” refer to the person who opened the Account and any other person who may be legally responsible, in whole or in part, for payment of the Balance.
FINANCE CHARGES: A FINANCE CHARGE will be imposed for a monthly billing cycle if the New Balance shown on the previous monthly statement is not paid in full by the due date shown on the previous statement. We figure the FINANCE CHARGE on your account by applying the applicable periodic rate to the “average daily balance” of your account (including current transactions except in MA, MN, MT, and NM) but not less than the MINIMUM FINANCE CHARGE (if any). The ANNUAL PERCENTAGE RATE and the MINIMUM FINANCE CHARGE are shown below the accompanying table of rates and fees. The appropriate periodic rate is equal to one twelfth (1/12) of the applicable ANNUAL PERCENTAGE RATE To get the “average daily balance,” we take the beginning balance of your account each day, add any new purchases (except in MA, MN, MT and NM, where new purchases will be included as of the start of the next billing cycle), and subtract any payments or credits and unpaid finance charges, late charges, and returned check charges. This gives us the daily balance. Then, we add up all the 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.”
PAYMENTS: Each month you must pay at least the full Minimum Payment Due on or before the due date shown on your monthly bill. You must pay your bill in a manner that meets all the following conditions: (i) you must pay in U.S. Dollars; (ii) you must not pay in cash; (iii) your payment must be drawn on a U.S. deposit account, or by a cashier’s check drawn on a U.S. bank or a foreign bank branch in the U.S.; and (iv) if you make payment in a paper form (like a check, money order, or cashier’s check), you must include the payment coupon from your bill. Mailed payments should be sent to the address on the payment stub of your bill. Your Minimum Payment Due is your Minimum Monthly Payment plus any past due amount.
MINIMUM MONTHLY PAYMENT: is determined based on the Highest New Balance (“HNB”) of your Account, in accordance with the table below or, if the HNB exceeds $3,330, then 3.34% of the HNB. The HNB is the highest principal balance of your Account since it was last paid in full. This means that your Minimum Monthly Payment will not decrease unless your Account is paid in full, but we reserve the right to recalculate the HNB, at our discretion, based on returned merchandise or Account adjustments.
MONTHLY PAYMENT CHART: The "Item Cost" column is the merchandise price for a single item. The monthly payment amount shown by the item description is based on the merchandise price plus shipping and processing charges and any applicable size/wt charges. The "Number of Monthly Payments" and "Total Of Payments You Will Make" columnns (below) are based on merchandise price plus shipping and processing charges and applicable size/wt charges. Those amounts are based on certain assumptions, including that the balance on your account consists only of the item purchased and does not include the effects of expedited shipping charges, taxes, or any other ancillary costs (if applicable). If other costs apply to your order, they will be added to your balance, and the number of monthly payments will be increased to cover those charges.
|Total Item Cost
(Includes shipping charges and any applicable size/wt charges)
|Monthly Payment Amount||Number of Monthly Payments||Total of Payments You Will Make|
|$50.01 - $200.00||$20.00||12 or fewer||$240.00 or less|
|$200.01 - $400.00||$25.00||20 or fewer||$500.00 or less|
|$400.01 - $600.00||$30.00||26 or fewer||$780.00 or less|
|$600.01 - $1,000.00||$35.00||43 or fewer||$1,505.00 or less|
|$1,000.01 - $1,200.00||$40.00||47 or fewer||$1,880.00 or less|
|$1,200.01 - $1,350.00||$45.00||47 or fewer||$2,115.00 or less|
|$1,350.01 - $1,500.00||$50.00||47 or fewer||$2,350.00 or less|
|$1,500.01 - $1,650.00||$55.00||47 or fewer||$2,585.00 or less|
|$1,650.01 - $1,800.00||$60.00||47 or fewer||$2,820.00 or less|
APPLICATION OF PAYMENTS: We can apply your payments to fees and charges or amounts financed in any manner we choose, at our sole discretion, subject to applicable law. NOTE: Payments in excess of the Minimum Monthly Payment will not reduce the Minimum Monthly Payment required in the next or any future billing cycle.
CREDIT BALANCE: If your payment exceeds what you owe us on your Account, your Account will have a credit balance. We will refund your credit balance to you upon request. If the credit balance is less than $1, it will not be refunded unless requested and, after six months, it will be removed from your Account. If a credit balance remains on your Account for 6 months and the amount is $1 or more, we will automatically refund it to you.
RETURNED PAYMENT: You will pay a returned check charge for each check, order, or electronic payment instruction returned to us or not paid by your bank; this fee will not exceed the minimum payment due at the time the check is received. The amount of the fee is shown below the accompanying table of rates and fees.
LATE CHARGES: If you fail to pay the full Minimum Payment Due on or before the due date listed on your monthly bill, you will be assessed a late payment fee, not to exceed the minimum payment due, equal to the amount shown below the accompanying table of rates and fees.
ACCELERATION: We will have the rights, subject to applicable law, to (i) terminate credit privileges on the Account without notice, and (ii) declare your Account balance immediately due and payable if: you fail to pay the full Minimum Payment Due when due; you do not follow this Agreement in any way; you have made any false or misleading statement to us; you die; or you become insolvent or the subject of bankruptcy or other insolvency proceedings.
JURY TRIAL WAIVER: BY REQUESTING AN ACCOUNT, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES REFERRING OR RELATED TO THE ACCOUNT, INCLUDING BUT NOT LIMITED TO THE OPENING, USE, REPORTING, AND COLLECTION OF THE ACCOUNT. This jury trial waiver provision does not apply to military members or their dependents, as defined by the Military Lending Act.
ARBITRATION: BY REQUESTING AN ACCOUNT, YOU AND WE AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY LAWS [FEDERAL, STATE OR LOCAL], CONSUMER PROTECTION LAWS, COMMON LAW, CASE LAW, INTENTIONAL OR OTHER TORTS, PROPERTY DISPUTES, INJUNCTIVE AND EQUITABLE CLAIMS) ARISING FROM OR RELATING TO YOUR REQUEST FOR AN ACCOUNT, YOUR ACCOUNT, THIS AGREEMENT, ANY PURCHASE ON YOUR ACCOUNT, OR ANY RESULTING TRANSACTION OR RELATIONSHIP, INCLUDING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED BETWEEN YOU, INDIVIDUALLY, AND US.
CLASS ACTION WAIVER. You agree to bring the arbitration in your individual capacity, and not as a plaintiff, CLASS REPRESENTATIVE, or class member in any purported class or representative proceeding. The arbitrator may not consolidate your claim with any other person’s claim and may not otherwise preside over any form of a representative or class proceeding. The arbitrator will have no power to conduct a class or representative arbitration (and this entire arbitration provision shall be void if this limitation is not enforced). At your written request, we will pay reasonable filing, hearing, or administrative costs charged to you by the arbitration forum or arbitrator. We will each bear the expense of our respective attorneys’ fees, except as otherwise provided by law. Any arbitration initiated pursuant to this provision will take place in the city nearest to your residence where a federal district court is located or at such other location as agreed by the parties. Judgment upon an award granted at arbitration may be enforced in any court having jurisdiction. This arbitration provision is governed by the Federal Arbitration Act and made in connection with a transaction in interstate commerce. Any arbitration under this provision shall be conducted under the auspices of a single arbitrator selected in accordance with the procedures of the American Arbitration Association and shall be conducted pursuant to the rules of such organization. If the American Arbitration Association is unavailable to conduct the arbitration, the parties may agree to a substitute arbitration forum or the court may appoint a substitute forum. You understand that you have a right or opportunity to litigate disputes through a court, but by this arbitration provision, that you, individually, and us have chosen and agree to resolve disputes exclusively and finally through binding arbitration. If you would like to, you may obtain a copy of the procedures and rules by writing to the American Arbitration Association, 13455 Noel Road, Suite 1750, Dallas, TX 75240-6620 or through its website at www.adr.org.
This arbitration provision does not apply to military members or their dependents, as defined by the Military Lending Act.
ADDITIONAL PROVISIONS: Agreement is the contract that applies to your Account. We reserve the right to close your Account or deny authorization of transactions to it; we also may add to, delete from, or amend this Agreement (“Change”) from time to time by sending you written notice. To the extent permitted by applicable law, your use of the Account after notice of a Change will indicate your agreement to the Change. We may apply a Change to your existing Account balance as well as to future transactions to the extent permitted by applicable law.
ACCESS TO CREDIT REPORTS: You agree to give us permission to access your credit report in connection with any transaction, or extension of credit, and on an on-going basis, for the purpose of reviewing your Account, adjusting the credit line on your Account, taking collection action on your Account or for any other legitimate purposes associated with your Account. Upon your request, you will be informed of whether or not a consumer report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report.
USE OF THE ACCOUNT: We can close the Account at any time without notice. If we close the Account, you must still pay all outstanding amounts owed on the Account. Interest will continue to accrue on your unpaid balance. We may assign (and change) a credit limit on your Account. If we sue you to collect a debt owing on the Account, you agree to pay to us our reasonable attorneys’ fees and costs.
PARTIAL OR RESTRICTIVE PAYMENTS: You agree that we may accept late or partial installment payments from you without losing any of our rights. You agree not to send us payments marked “paid in full,” “without recourse,” or with similar language. If you send such a payment, you agree that we may accept it without losing any of our rights under any agreement between you and us. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount, must be mailed or delivered to Special Account Handling, 1112 7th Ave, Monroe WI 53566
ASSIGNMENT: We may assign this agreement, your Account, or our rights to payment from you, in whole or in part to another party without notice to you.
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. If you think we reported incorrect information to a credit bureau, write us at CREDIT DEPARTMENT at the address in the Billing Rights notice. Please send us a copy of the report with the inaccurate information if you have it.
COMPLETE AGREEMENT: These terms are the complete agreement between you and us regarding your Account and supersede any prior terms. Any waiver of our rights under this agreement is effective only if in writing and signed by us.
COMMUNICATIONS: In order to serve you most efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number(s) you have provided to us. We may place such calls or texts to: (i) provide notices regarding your Account or Account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out these purposes. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent. We may monitor or record calls from you to us and calls from us to you.
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.
MARRIED WISCONSIN RESIDENTS: 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.
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: Midnight Velvet® Credit, 1112 7th Avenue, Monroe, WI 53566-1364.
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 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 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: 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 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 property or services. To use this right, you must not yet have fully paid for the purchase. If these criteria are met and you are still dissatisfied with the purchase, contact us in writing at: Midnight Velvet® Credit, 1112 7th Avenue, Monroe, WI 53566-1364. 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 SERVICE MEMBERS: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
|FACTS||WHAT DOES MIDNIGHT VELVET DO WITH YOUR PERSONAL INFORMATION FROM YOUR MIDNIGHT VELVET CREDIT ACCOUNT?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.|
|What?||The types of personal information we collect and share depend on the product or service you have with us. This information can include:
|How?||All financial companies need to share customers' information to run their everyday business. In the section below we list the reasons financial companies can share their customers' personal information; the reasons Midnight Velvet chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal information||Does Midnight Velvet share?||Can you limit this sharing?|
|For our everyday business purposes -
Such as to process your transactions, maintain your account, respond to court orders and legal investigations, or report to credit bureaus
|For our marketing purposes -
To offer our products and services to you
|For joint marketing with other financial companies||Yes||Yes|
|For our affiliates' everyday business purposes -
Information about your transactions and experiences
|For our affiliates' everyday business purposes -
Information about your creditworthiness
|For our affiliates to market to you||Yes||Yes|
|For nonaffiliates to market to you||Yes||Yes|
|To limit our sharing||Call us at 1-888-745-4153
If you are a new customer, with respect to those circumstances in which you can limit our sharing, we can begin sharing your information thirty (30) days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
|Questions?||E-mail us at firstname.lastname@example.org|
|Who is providing this notice?||Midnight Velvet|
|What we do|
|How does Midnight Velvet protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.|
|How does Midnight Velvet collect my personal information?||We collect your personal information, for example, when you:
|Why can't I limit all sharing?||Federal law gives you the right to limit only:
|What happens when I limit sharing for an account I hold jointly with someone else?||Your choice will apply to everyone on your account.|
|Affiliates||Companies related by common ownership or control. They can be financial or nonfinancial companies.
|Nonaffiliates||Companies not related by common ownership or control. They can be financial and nonfinancial companies.
|Joint marketing||A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
|Other important information|
|If you live in Vermont, we will not share information about your creditworthiness for our affiliates' everyday business purposes and we will not share information for nonaffiliates to market to you. If you live in California, we will not share information for our affiliates or nonaffiliates to market to you, and we will not share your information for joint marketing with other financial companies.|