TERMS & CONDITIONS

Definitions

NOW YOU CAN PROTECT YOUR BANTER BY PIERCING PAGODA PURCHASE WITH SIGNET SERVICE PLANS, INC.’s (SSPI) 1 YEAR EXTENDED SERVICE AGREEMENT

Throughout this Plan, the word (1) “Plan” means this Extended Service Agreement; (2) “Merchandise” means the merchandise identified on Your sales receipt as covered by the Plan; (3) “Purchase Price” means the purchase price of the Merchandise as shown on Your sales receipt, excluding sales tax; (4) “We,” “Us,” and “Our” means Signet Service Plans, Inc., 375 Ghent Road, Akron, Ohio 44333, 1-800-866-9700, the party obligated to provide service to You under the Plan;  (5) “You” and “Your” means (a) the original customer who purchased Merchandise covered by this Plan, (b) the lessee under a rental or lease-purchase arrangement (collectively, “LTO Arrangement”) if the Merchandise was purchased under an LTO Arrangement, or (c) the original receiver of the Merchandise, in the case of a gift; and (6) “Retailer” means Banter By Piercing Pagoda, the retailer from which you purchased the Merchandise and this Plan.

Your obligations

You must (1) retain the original paid receipt for this Plan as proof of purchase of the Plan and for identification of the Merchandise and (2) perform all maintenance required to keep the Merchandise in usable and wearable condition, and as provided by any instructions, warranties, or guarantees applicable to the Merchandise.

What is covered

This Plan provides a one-time replacement of the Merchandise if it fails during normal use due to a manufacturing defect within one (1) year after Your purchase of this Plan.

What is not covered

This Plan does not cover:

1. Special, indirect, incidental or consequential damages, no matter the cause;
2. Loss of use;
3. If You purchase this Plan after You purchased the Merchandise, any and all preexisting conditions in the Merchandise that occurred prior to the effective date of the Plan;
4. Damage resulting from failure to perform required maintenance to keep the Merchandise in a usable and wearable condition or as provided by any instructions, warranties, or guarantees;
5. Loss, theft, mysterious disappearance or damage resulting from loss, theft, or mysterious disappearance;
6. Misuse or abuse;
7. Unauthorized repairs or alterations made by You (meaning any modifications, alterations, repairs, or service by anyone other than Us or a repair center authorized by Us);
8. Loss or damage due to the elements or acts of God;
9. Damage covered under any insurance policy, or other warranties or service plans applicable to the Merchandise;
10. Engraving or personalization; and
11. Ring sizing 

Limitation of liability

Our total liability under this Plan is the replacement of the Merchandise as outlined in the MERCHANDISE REPLACEMENT section below.  In the event that We have met this condition of the total liability, We will have fulfilled all obligations owed to You under this Plan and this Plan will terminate.

No deductible

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

Merchandise replacement

This Plan covers replacements only, not repairs. If the same item is not available as a replacement, You may select another Banter By Piercing Pagoda item of your choice. If the price of Your chosen replacement item is higher than the Purchase Price, you are responsible to pay the difference in price between Your chosen replacement item and the Purchase Price. If the price of Your chosen replacement item is lower than the Purchase Price, You are not entitled to receive any refund or merchandise credit for the difference in price between the replacement item and the Purchase Price.  If you purchased the Merchandise through an LTO Arrangement, until such time as You acquire ownership of the Plan and the Merchandise, a replacement will be with the same item as the Merchandise; provided, however, if the same item is not available as a replacement, You may choose  another Banter By Piercing Pagoda item of an equivalent value to the Purchase Price only and are not eligible to receive a merchandise credit or to choose a replacement item priced higher or lower than then Purchase Price.

Replacement merchandise is not covered under this Plan; however, You have the option to purchase a new Plan on the replacement merchandise. This Plan cannot be renewed.

If We replace the Merchandise, You must return the Merchandise to Us and such Merchandise will become Our property.

What to do if covered merchandise requires replacement

Present the Merchandise and the original Plan to any of Retailer’s locations in service as of the date of presentation (whether this Plan was purchased on-line or in-store). For assistance finding a location where you can present the Merchandise and Plan, please call, 1-800-866-9700 or visit www.banter.com.

Term

The term of this Plan shall commence on the date this Plan is purchased as printed on Your sales receipt and shall continue for one (1) year or until Our liability under this Plan has been satisfied, whichever is first to occur.

Cancellation

Cancellation by You. You may cancel this Plan for any reason at any time by visiting any of Retailer’s locations and requesting cancellation. If you request cancellation within thirty (30) days of the original purchase date of this Plan, You will receive a full refund of the Purchase Price of this Plan. If you request cancellation of this Plan more than thirty (30) days after the original purchase date of the Plan, then You will receive a prorated refund of the Purchase Price of this Plan (for cancellation purposes, based on a one (1) year duration).

A 10% penalty per thirty (30) day period shall be added to any refund not paid by Us within thirty (30) days after the date of such cancellation.

Cancelation By Us. We may not cancel the Plan except for non-payment, fraud or material misrepresentation by You. If we cancel this Plan, We will send You a notice of cancellation at least thirty (30) days prior to cancellation. Such notice will specify the reason and effective date of the cancellation. If We cancel this Plan, You will receive a prorated refund of the Purchase Price of this Plan (for cancellation purposes, based on a one (1) year duration).

Rental or Lease Purchase (LTO Arrangements)

If You leased this Plan and the Merchandise under an LTO Arrangement, You are entitled to all non-cash benefits under this Plan until You acquire ownership of this Plan and the Merchandise. Until You acquire ownership of this Plan and the Merchandise, any rights to a settlement or cancellation refund under this Plan will belong to the lessor under the LTO Arrangement. Upon fulfilling Your obligations under the LTO Arrangement and acquiring ownership of this Plan and the Merchandise, You are entitled to all benefits under this Plan.  The rights of the Plan will transfer from the lessor (Progressive) to You, the lessee (customer), upon ownership.

A Plan is not available for purchase on LTO Arrangements 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.

LTO Arrangements and their terms and conditions described herein are not available or applicable in Minnesota, New Jersey, Vermont, Wisconsin and Wyoming.

Full Faith and Credit

Our obligations under this Plan are backed only by Our full faith and credit and are not guaranteed under a service contract reimbursement insurance policy unless otherwise provided by any applicable state variation set forth herein. THIS IS NOT AN INSURANCE CONTRACT. THE PURCHASE OF THIS PLAN IS OPTIONAL.

Transfer Limitations

Except for purchases under an LTO Arrangement, this Plan may not be transferred and is only for Your benefit.  All holders of this Plan are subject to the terms and conditions contained herein.

Arbitration Agreement

For the purpose of this arbitration agreement ("A.A.") only, references to "We" and "Us" also include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors, and assigns.

Most of Your concerns about this Plan can be addressed by contacting Us at 1-800-866-9700. In the event We cannot resolve any dispute with You, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION OR THROUGH SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO BRING OR PARTICIPATE IN, IN ANY CAPACITY, CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER REPRESENTATIVE PROCEEDINGS.

This A.A. shall survive termination of the Plan and shall be governed by the Federal Arbitration Act. This A.A. shall be interpreted broadly, and includes any dispute You have with Us that arises out of or relates in any way to the Plan or the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this A.A. does not preclude You from bringing an individual action in small claims court or informing any federal, state or local agencies or entities of your dispute. They may be able to seek relief on Your behalf.

To initiate arbitration, send a written Notice of Claim describing the dispute and the relief sought to: Signet Service Plans, Inc., 375 Ghent Road, Akron, Ohio 44333 by certified mail. If We do not resolve the dispute within thirty (30) days of Our receipt of the Notice, You may start an arbitration with the American Arbitration Association ("AAA"), which will be administered in accordance with the Consumer Arbitration Rules ("Rules"). You can contact the AAA and obtain a free copy of the Rules and instructions on how to initiate arbitration at www.adr.com or at 1-800-778-7879.

The arbitrator is bound by the terms of this A.A, and shall decide all issues, except issues relating to enforceability of this A.A., which may be decided by a court. The arbitration will be conducted by submitting documents to the arbitrator, unless You request an in person or telephonic hearing and the arbitrator decides that a hearing is necessary or a hearing is required by the Rules. Unless otherwise agreed, any hearing will take place in the county or parish of your mailing address. We will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute is found by the arbitrator to have been filed for the purpose of harassment or is patently frivolous. In that case, the Rules will govern payment of such fees.

The arbitrator shall issue a decision including a statement of facts and supporting law. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement We offered or if We made no settlement offer and the arbitrator awards You any damages, we will pay You the amount of any damage award and pay the attorneys' fees and expenses You reasonably incurred in the arbitration, if any. While that right to fees and expenses is in addition to any right You may have under applicable law, You may not recover duplicate awards of fees and expenses.

If you seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide you relief. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate Your dispute with any other person's dispute and may not preside over any form of representative proceeding. If this provision is found to be unenforceable, then the entirety of this A.A. shall be null and void.

Entire Agreement

This document, and to the extent referenced in this document, Your sales receipt, contain the entire agreement between the parties with respect to the Plan and no representation, promise, or condition not contained herein shall modify the terms of the Plan.

STATE VARIATIONS: If you reside in one of the following states, the state specific variation shall supersede and control if inconsistent with any other terms and conditions of the Plan.

ALABAMA – No claim incurred or paid will be deducted from the amount to be refunded to you in the event of cancellation of this Plan.

ARIZONA – Under WHAT IS NOT COVERED, preexisting conditions is deleted and replaced with the following: Any and all preexisting 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. The Arbitration Agreement of this Plan does not preclude You from contacting the Consumer Protection Division of the Arizona Department of Insurance and Financial Institutions.

CALIFORNIA – 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 this Plan within sixty (60) days of receipt of the Plan, and You will receive a full refund if you have not made a claim. If You have made a claim or cancel after sixty (60) days of receipt of the Plan, You will receive a pro rata refund (for cancellation purposes, based on a one (1) year duration).

CONNECTICUT – You may cancel this Plan if you return the Merchandise or the 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, PO 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 Merchandise, the cost of repair of the 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 Rd., Dallas, TX  75019 1-800-999-7829.

FLORIDA – 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 less any claims that have been paid or less the cost of repairs made on your behalf. 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 less any claims that have been paid or less the cost of repairs made on your behalf. The purchase price of this Plan is not subject to regulation by the Florida Office of Insurance Regulation of the Financial Services Commission.

GEORGIA – You may cancel at any time upon demand. If you cancel within 30 days of the original purchase date of the Plan, You will receive a full refund of the Purchase Price of the Plan. If You cancel the Plan more than 30 days after the original purchase date of the Plan, then You will receive the unearned pro-rata Purchase Price 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.  As stated in the Arbitration Agreement of this Plan, either party may bring an individual action in small claims court. The Arbitration Agreement provision does not preclude you from bringing issues to the attention of federal, state, or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on Your behalf. You and We agree to waive the right to a trial by jury and waive the right to participate in class actions and class arbitrations or other similar proceedings. Nothing contained in the Arbitration Agreement provision of this Plan shall affect Your right to file a direct claim under the terms of this Plan against Western Surety Company pursuant to O.C.G.A. 33-7-6.

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 – This contract is not renewable. If We or You cancel, no costs of services will be deducted from Your pro rata refund. 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 – In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, New Hampshire, 03301 or by telephone, via consumer assistance at 1-800-852-3416. The Arbitration Agreement provision of this Plan is subject to Revised Statues Annotated 542.

NEW MEXICO – Final Plan price to be determined prior to presentation to consumer for signature.

NORTH CAROLINA – Purchase of this Plan is not required to purchase or finance the jewelry covered by this Plan.

OKLAHOMA – 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 less the actual cost of any service provided under the Plan.  THIS IS NOT AN INSURANCE CONTRACT.

OREGON – 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 1-888-8774894. Item, as used in this Plan, is defined as the jewelry that has been purchased and is covered by this Plan. The Arbitration Agreement provision of this Plan is replaced with the following: "For the purpose of this Arbitration Agreement, refences to "We" and "Us" also include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns. Most of Your concerns about the Plan can be addressed by simply contacting Us at 800-311-5393. In the event we cannot resolve any dispute, You and We may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR PROCEEDING. Any arbitration proceedings shall be conducted within the state of Oregon."

SOUTH CAROLINA – In the event of a dispute with the provider of this contract, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Suite 1000, Columbia, South Carolina 29202-3105, 1-800-768-3467.

TEXAS – 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 Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number 512-463-6599 or 800-803-9202.

VIRGINA – If any promise made in this Plan has been denied or has not been honored within sixty (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/foodextended-service-contract-providers.shtml to file a complaint. All other terms and conditions of the PLAN are unchanged.

WISCONSIN – 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. The second and third sentences of the second paragraph of the Arbitration Agreement provision of this Plan are replaced with the following: (1) TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS PLAN, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER SIMILAR PROCEEDINGS; and (2) the phrase "and is governed by the Federal Arbitration Act," in the first sentence of the third paragraph of the Arbitration Agreement provision of this Plan is deleted in its entirety.

WYOMING - The Arbitration Agreement provision in this Plan is replaced with the following: "If there are disputes between You and Us that are not resolved by negotiations, You and We may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings shall be conducted within the state of Wyoming." For the purpose of this Arbitration Agreement, references to "We" and "Us" include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns and the Retailer from which you purchased this Plan.