Jewelry Replacement Plan

1. DEFINITIONS:
“Merchandise”
shall mean the Merchandise identified on Your sales receipt as covered by the Extended Service Plan. “Plan” means this Extended Service Plan. “Plan Price” means the purchase price for the Plan as shown on Your sales receipt. “We”, “Us” and “Our” means Signet Service Plans, Inc., 375 Ghent Rd., Akron, OH 44333 toll-free number: 1-800-527-8229. We are the party obligated to provide services to You under the Plan. “You” or “Your” means the original customer who purchased the Merchandise, including the lessee if the Merchandise was acquired under a rental or lease-purchase arrangement (collectively, “LTO Arrangement”) or original receiver of the Merchandise, in the case of a gift, covered by the Plan.

2. WHAT IS COVERED:
This is a replacement Plan. In consideration for Your payment of the Plan Price, We will replace the Merchandise if, during normal use, the Merchandise fails (a) due to a defect in material or workmanship or (b) as a result of normal wear and tear. This Plan covers replacement of a gemstone only to the extent such gemstone is lost due to a defective setting on the Merchandise. Also, if the Merchandise is a ring made from a material that cannot be resized, and Your finger size changes, We will replace the Merchandise with a ring in Your finger size. Any engraving or custom work on the replaced Merchandise/ring must be re-done at Your expense.

Any replacement Merchandise We provide You under this Plan will be new Merchandise with equal or similar features and functionality, but not necessarily the same brand, as the replaced Merchandise.

In order to obtain coverage under the Plan, You must give Us the Merchandise to be replaced as described in Section 6 below. Upon Our replacement of the Merchandise (a “Replacement”), the replaced Merchandise shall become Our property.

Our Replacement of the Merchandise will fulfill all of Our obligations under this Plan with respect to such Merchandise.

At the time We provide a Replacement for the Merchandise, this Plan will automatically terminate with respect to such Merchandise.

3. WHAT IS NOT COVERED:
This is not a repair Plan. Watches and jewelry that ordinarily may be repaired are not covered under the Plan. Nothing herein shall obligate Us to replace Merchandise other than as a result of a defect in material or workmanship or normal wear and tear. This Plan does not cover excessive or abusive treatment of the Merchandise. Insignificant cosmetic damage is not covered.

Other than as set forth in Section 2 above, this Plan does not cover loss, theft of the Merchandise, mysterious disappearance or damage resulting from loss, theft, mysterious disappearance, misuse, abuse, unauthorized repairs or service (meaning any modifications, alterations, repairs or service by anyone other than Us or a repair center authorized by Us) or Acts of God. If You purchase the Plan after You purchase Merchandise, the Plan does not cover pre-existing conditions in the Merchandise that occurred after You purchased the Merchandise and prior to the effective date of the Plan.

The Plan does not replace, but supplements, any other warranties/guarantees, applicable to the Merchandise. You must perform all maintenance required to keep the Merchandise in usable and wearable condition, as provided in said warranties/guarantees. Damage resulting from failure to comply with recommended services and/or maintenance under such warranties/guarantees is not covered by this Plan.

4. LIMIT OF LIABILITY:

Our total liability under this Plan is the purchase price paid for the Merchandise as shown on Your sales receipt. In the event that the total value of all authorized services We provide under the Plan exceeds the purchase price, or in the event of Our Replacement of the Merchandise We provide under the Plan exceeds the purchase price, as shown on Your sales receipt, We shall have satisfied all obligations owed under the Plan. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NO MATTER WHAT THE CAUSE, INCLUDING DELAY IN REPLACING MERCHANDISE UNDER THIS PLAN, OR LOSS OF USE DURING THE PERIOD THAT THE MERCHANDISE IS AWAITING REPLACEMENT.

5. NO DEDUCTIBLE:

You are not required to pay any deductible under the Plan.

6. WHAT TO DO IF COVERED MERCHANDISE REQUIRES REPLACEMENT:
To obtain authorized replacement under the Plan, the Merchandise must be taken to any of Our store locations. This requirement applies to all in-store and online purchases of the Plan. In all cases, You must give Us the Merchandise to be replaced.

7. YOUR OBLIGATIONS:
You must provide the care and maintenance of the Merchandise as described in Section 3 above. You must maintain possession of Your sales receipt, which will serve as identification of Plan purchase as well as identification of Merchandise covered.

8. TERM:
The term of the Plan shall commence the date the Plan is purchased (as shown on Your sales receipt) and shall continue for the three (3) years immediately following such date or shall continue until Our limit of liability, as stated in Section 4 to the left, has been satisfied. However, upon Our Replacement of any Merchandise, this Plan shall automatically terminate with respect to such Merchandise. The Plan is void if the Merchandise is used as a trade-in toward another item. Items purchased through lease, as defined in Section 10, are not eligible for use as a trade-in or trade up, until such time as You acquire ownership of said item.

9. CANCELLATION:
Cancellation by You.
With respect to any Merchandise for which We have not provided a Replacement, You may cancel the Plan for any reason at any time by visiting any of Our store locations and requesting cancellation.

If You request such cancellation within thirty (30) days of the original purchase date of the Plan (as shown on Your sales slip), then the Plan is void and You will receive a full refund on the Plan Price.

If You request such cancellation of the Plan more than thirty (30) days after the original purchase date of the Plan, then You will receive a prorated refund of the Plan Price (based on the remaining term of the Plan).

A ten percent (10%) penalty per thirty (30) day period shall be added to any cancellation refund that is not paid or credited to You by Us within thirty (30) days after the date of cancellation.

Cancellation by Us.
With respect to any Merchandise for which We have not provided a Replacement, We may not cancel the Plan except for nonpayment, fraud, material misrepresentation by You. Notice of cancellation by Us will be sent to You at least thirty (30) days prior to cancellation, and will state the effective date and reason for cancellation. If We cancel the Plan, You will receive a prorated refund of the Plan Price (based on the remaining term of the Plan).

10. RENTAL OR LEASE PURCHASE (LTO ARRANGEMENTS):
If You leased this Plan and the covered Merchandise under a Lease-to-Own Arrangement, You are entitled to all non-cash benefits under this Plan until You acquire ownership of this Plan and the covered Merchandise. Until You acquire ownership of this Plan and the covered Merchandise, any rights to a settlement or cancellation refund under this Plan will belong to the lessor. Upon acquiring ownership of this Plan and the covered Merchandise, You are entitled to all benefits under this Plan.

• A Plan is not available for purchase on Lease/Lease-to-Own products in California, Indiana and New York. Terms and conditions regarding Lease/Lease-to-Own products in those states as related to the Plan are not applicable.
• Lease/Lease-to-Own arrangements and products and their terms and conditions described herein are not available or applicable in Minnesota, New Jersey, Vermont, Wisconsin and Wyoming

11. LIMITATION ON TRANSFER:
This Plan is only for the benefit of the original customer or original receiver of Merchandise, in the case of a gift. It is not transferable to anyone else.

12. FULL FAITH AND CREDIT:
Our obligations under the Plan are backed by Our full faith and credit. The Plan is not guaranteed under a service contract reimbursement policy. The Plan is not an insurance policy. The purchase of this Plan is optional.

13. ENTIRE AGREEMENT:
This document, and to the extent referenced in this document, Your sales slip, set forth the entire agreement between parties with respect to the Plan and no representation, promise or condition not contained herein shall modify these terms.

14. STATE VARIATIONS:
If You reside in one of the states listed below, the following state specific variations shall supersede and control if inconsistent with any other terms and conditions of the Plan:

ARIZONA RESIDENTS ONLY: Under provision 3. WHAT IS NOT COVERED, preexisting conditions is deleted and replaced with the following: Any and all pre-existing conditions that occur prior to the effective date of this Plan, except if such conditions were known or should reasonably have been known by Us or Our subcontractors; The following is added to the CANCELLATION provision: No claim incurred or paid will be deducted from any cancellation refund regardless of who initiates the cancellation. We will not cancel or void this Plan due to acts or omissions of Us for failure to provide correct information or to perform the services or repairs provided in a timely, competent, workmanlike manner, pre-existing conditions that were known or should have reasonably been known by Us.

CALIFORNIA RESIDENTS ONLY: In home service is not provided, and We will not pay the costs of transporting the Merchandise to any of Our store locations for service. We are not responsible for preventative maintenance. You may cancel the Plan within sixty (60) days of receipt of the Plan, and You will receive a full refund. If You cancel after sixty (60) days of receipt of the Plan, You will receive a pro rata refund (based on the remaining term of the Plan).

CONNECTICUT RESIDENTS ONLY: You may cancel this Plan if you return the covered Merchandise or the covered Merchandise is sold, lost, stolen or destroyed, subject to the terms and conditions related to refunds set forth in this Plan.

In the event that You have attempted but are unable to resolve a dispute with Signet Service Plans, Inc., You may contact The State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the unresolved dispute, the purchase price of the covered Merchandise, the cost of repair of the covered Merchandise and a copy of the Plan.

Our obligations under this Plan are insured under a service contract reimbursement insurance policy issued by Zale Indemnity Co. Should We fail to provide, or reimburse or pay for, any claim covered under this Plan within sixty (60) days of filing such a claim, or if We become insolvent or otherwise financially impaired, You are entitled to make a direct claim against the insurer by submitting Your claim in writing to Zale Indemnity Co., 9797 Rombauer Dr., Dallas, TX. 75019 Dallas, 1-800-999-7829.

FLORIDA RESIDENTS ONLY: In the event the Plan is canceled by You, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium. In the event the Plan is canceled by Us, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium. The Plan Price charged for the Plan is not subject to regulation by the Florida Office of Insurance Regulation of the Financial Services Commission.

GEORGIA RESIDENTS ONLY: We may not cancel the Plan except for fraud, material misrepresentation, or failure to pay the Plan Price. The cancellation shall be in writing and shall conform to the requirements of Georgia Code Section 33-24-44. You may cancel at any time upon demand and surrender of the Plan at any of Our store locations, and We shall refund the excess of the Plan Price above the customary short rate for the expired term of the Plan. This Plan is guaranteed by a surety bond issued by Western Surety Co., 101 S. Phillips Ave., Sioux Falls, SD 57104-6735. If a claim for service or a refund under the Plan is not honored by Us within sixty (60) days after You have claim to Us in accordance with the terms and conditions of the Plan, You may make such claim directly with Western Surety Co.

MAINE: The following State Specific Requirement IS ADDED TO AND BECOMES PART OF YOUR SERVICE PLAN and supersede any other provision to the contrary: The following is added to Your Service Plan: You may, within 20 calendar days of mailing of the Service Plan, or 10 days if delivered at time of sale, reject and return this Service Plan. Upon return of the Service Plan within the applicable time period, if no claims have been made, You will be refunded the full Service Plan Price including any sales tax refund. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after the return of the Service Plan. This provision applies only to the original purchaser. The CANCELLATION provision is amended by deleting the following statement in its entirety: Prior notice of cancellation is not necessary if canceled due to nonpayment of the Service Plan Price or material misrepresentation. Claims will not be backed by a reimbursement policy.

NEVADA RESIDENTS ONLY: This Plan is non-renewable at the conclusion of the Term listed in Section 8. The Plan may be canceled by You if the Merchandise is used as a trade-in toward another item. A new Jewelry Replacement Plan would need to be purchased to cover new Merchandise. If You are not satisfied with the manner in which We are handling the claim on the contract, You may contact the Division of Insurance toll-free at (888) 872-3234.

NEW HAMPSHIRE RESIDENTS ONLY: In the event You do not receive satisfaction under this contract, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, New Hampshire 03301 or (800) 852-3416.

NEW MEXICO RESIDENTS ONLY: Final contract price to be determined prior to presentation to consumer for signature.

NORTH CAROLINA RESIDENTS ONLY: The purchase of the Plan is not required to obtain financing for the Merchandise.

OKLAHOMA RESIDENTS ONLY: Oklahoma service warranty statutes do not apply to commercial use references in service warranty contracts. Coverage offered by this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. In the event You cancel this Plan, return of the premium shall be based upon 90% of the unearned pro rata premium under the Plan. This is not an insurance contract.

OREGON RESIDENTS ONLY: If You do not receive satisfaction under this Plan, You may contact the Oregon Insurance Division, Consumer Advocacy Unit, at 350 Winter Street NE, Salem, Oregon 97301 or by phone at 1-888-877-4894. Item, as used in this Plan, is defined as the jewelry that has been purchased and is covered by this Plan.

SOUTH CAROLINA RESIDENTS ONLY: If You have any questions or complaints regarding the Plan, You may contact the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105 or (800) 768-3467.

TEXAS RESIDENTS ONLY: If You purchased this Plan in Texas, unresolved complaints concerning Us or questions concerning the regulation of a service contract provider may be addressed to the Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202.

VIRGINIA: If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at: www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint. All other terms and conditions of the AGREEMENT are unchanged.

WISCONSIN RESIDENTS ONLY: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.
Our obligations under this Plan are insured under a service contract reimbursement insurance policy issued by [Zale Indemnity Co]. Should We fail to provide, or reimburse or pay for, any claim covered under this Plan within sixty (60) days of filing such a claim, or if We become insolvent or otherwise financially impaired, You are entitled to make a direct claim against the insurer by submitting Your claim in writing to Zale Indemnity Co., 9797 Rombauer Rd., Dallas, TX 75019, 1-800-999-7829.

Introduction
This document establishes your consent to communicate with us electronically. Please read this document carefully and retain a copy for your records. The words we, us, and our mean Sterling Jewelers Inc. d/b/a Jared and Signet Service Plans Inc. The word you means the individual purchasing the OPTIONAL EXTENDED SERVICE PLAN and/or OPTIONAL JEWELRY REPLACEMENT PLAN. The word Disclosures means the communications set forth in the Scope of Consent paragraph below. 

Consent to Receipt of Electronic Disclosures
By indicating your agreement, you indicate that you are able to receive our Disclosures electronically and that you consent to receiving them electronically. Such Disclosures shall be considered to be in writing and in a form you can keep for the purposes of state and federal law. Furthermore, any method that you use to indicate your assent during the purchase process shall be consider an electronic signature.

Scope of Consent
Your consent applies to the receipt of all legal and/or regulatory disclosures associated with purchasing the OPTIONAL EXTENDED SERVICE PLAN and/or OPTIONAL JEWELRY REPLACEMENT PLAN with us, along with the Terms and Conditions of our Extended Service Plan and Jewelry Replacement Plan.

Hardware and Software Requirements
To access, view, and retain Disclosures that we provide you, you must have:

  • A connection to the Internet.
  • A current version of an Internet browser which supports HTML and SSL encryption.
  • Your browser settings must have cookies and java script enabled.
  • A means to print or store notices and information through your browser software.
  • The hardware and software necessary to operate the items above.
 

Paper Copies
Upon request, we will provide you with paper copies of the Disclosures. You may make such a request by calling us at 1-800-527-8229. There is no charge for paper copies.

Withdrawing Consent
You may withdraw your consent by discontinuing the online purchase process at any time before you checkout. However, if your consent is withdrawn, you cannot purchase the OPTIONAL plan online. You may also purchase in person at any Jared store.

Updating Your Contact Information  
If any contact information you provide us changes, please call us at 1-800-527-8229 so that we may update our records. 

Federal Law
Your consent is being provided in connection with a transaction affecting interstate commerce and is subject to the federal Electronic Signatures in Global and National Commerce Act. The Act shall apply to the fullest extent possible in order to validate our ability to conduct business with you electronically.