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Jewelry Replacement Plan Terms & Conditions | Kay Outlet

Jewelry Replacement Plan Terms & Conditions

Our exclusive plan to protect your fine jewelry purchase


1. DEFINITIONS: “Merchandise” means the merchandise identified on Your sales slip as covered by the Replacement Plan. “Plan” means this Replacement Plan. “Plan Price” means the purchase price for the Plan as shown on Your sales slip. “We”, “Us” and “Our” means Signet Service Plans, Inc., 375 Ghent Road, Akron, Ohio 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 or original receiver of the Merchandise, in the case of a gift, covered by the Plan.Your name:Your address:

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.The 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 or theft of the Merchandise or damage resulting from loss, theft, misuse, abuse, or Act of God. Defects resulting from tampering with or modifying the Merchandise are not covered. 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 slip. In the event of Our Replacement of the Merchandise, We shall have satisfied all Our obligations under the Plan with respect to such Merchandise. 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 slip, 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 slip) and shall continue for the three (3) years immediately following such date. 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.

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 originalpurchase date of the Plan (as shown on Your sales slip), then the Plan isvoid 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 aprorated refund of the Plan Price (based on the remaining term of thePlan). 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 Uswithin 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 non-payment, 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. 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.

11. 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.

12. 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.

13. 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: In Section 3 of the Plan, the following language shall not apply to You: “If You purchase the Plan after You purchase the 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.”
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, 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 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 Company. Should we fail to provide, or reimburse or pay for, any claim covered under this Plan within sixty (60) days of fi ling such a claim, or if we become insolvent or otherwise fi nancially impaired, you are entitled to make a direct claim against the insurer by submitting your claim in writing to Zale Indemnity Company, 901 W. Walnut Hill Lane, Irving, Texas, 75038, 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 Offi ce 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 Company, 101 S. Philips 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 Company.
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.
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 or800-852-3416.
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 fi nancing 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 defi ned 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, Columbus, 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.
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 Company. Should We fail to provide, or reimburse or pay for, any claim covered under this Plan within sixty (60) days of fi ling such a claim, or if We become insolvent or otherwise fi nancially impaired, You are entitled to make a direct claim against the insurer by submitting Your claim in writing to Zale Indemnity Company, 901 W. Walnut Hill Lane, Irving, Texas 75038, 972-580-4000.