Credit Card Agreement for Darvin Furniture Cards in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer
Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts
available under this Agreement as of March 31, 2016. The combination of terms that could apply to you may differ depending
on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains
important information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One
cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s).
CAPITAL ONE PRICING INFORMATION
Annual Percentage Rate
21.6%.
(APR) for Purchases
Penalty APR and
25.6%.
When It Applies
Your APR may increase to the Penalty APR if we fail to receive your minimum payment with
in 60 days when due. You will no longer be eligible for the Standard Rate and all existing
Promotional Credit Plans will terminate, and your entire Account balance will be subject to the
Penalty Rate. If your Account becomes subject to the Penalty APR, we will provide advance
notice before the new Penalty APR goes into effect. If you make the next six consecutive on
time minimum payments starting with your first payment due once the Penalty APR goes into
effect, your rates will return to the non-penalty APR(s) applicable to your Account. If you do not
make these six consecutive on time minimum payments, we may keep the Penalty APR on
your Account indefinitely.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not charge you
Interest on Purchases:
interest on purchases if you pay your entire balance by the due date each month.
Minimum Interest Charge
A minimum Interest Charge of $2.00 will be assessed for each billing cycle in which an Interest
Charge is payable.
Annual Fee
$0.
Transaction Fees
Balance Transfer Fee
None.
Cash Advance Fee
None.
Foreign Transaction Fee
None.
Penalty Fees
Late Payment
Up to $35.
Over the Credit Limit Fee
None.
Returned Payment
Up to $25.
Balance Computation Method: Average Daily Balance (including new purchases)
The "Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1)
any new purchase made on the Credit Plan that day, 2) the previous day's Interest Charges, 3) any credit insurance premiums
or debt cancellation fees (if applicable) incurred on that day and 4) any late fees, over the credit limit fees, returned payment
fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan that day. If your
Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily
Balances in the current cycle.
Required Insurance, Debt Cancellation or Debt Suspension Coverage: None.
Disclosure of Rates: The Daily Periodic Rate for the Standard Rate will be .05918% (corresponding 21.6% Annual
Percentage Rate). The Daily Periodic Rate for the Penalty Rate .07014% (corresponding 25.6% Annual Percentage Rate).
Capital One Customer Agreement
Using Your Account
Welcome to Capital One
(1) This Agreement applies whether or not you use your
This credit card is issued by Capital One, N.A. and may be
Card or Account. It will continue to apply even after your
used at participating retail locations that accept the Card.
Account is closed, as long as you have a balance.
This Customer Agreement, including any changes to it
(2) You must sign the Card immediately when you receive it.
("Agreement"), contains the terms of your agreement with
(3) You must return the Card to us or destroy it if we ask
Capital One.
you to.
(4) You must take reasonable steps to prevent the
Definitions
unauthorized use of your Card and Account.
The meanings of the terms you see in italics appear in the
(5) We may decline to authorize a transaction for any
Glossary section at the end of this Agreement.
reason. This may occur even if the transaction would
As used here, "you" and "your" mean each applicant and
not cause you to go over your credit limit or your
Account is not in default.
co-applicant for the Account; any person responsible
for paying the Account; and any person responsible for
(6) We are not responsible for any losses you incur if we do
not authorize a transaction.
complying with this Agreement. "We", "us", "our" and
"Capital One" mean Capital One, National Association and
(7) We are not responsible for any losses you incur if anyone
its agents, authorized representatives, successors and
refuses to accept your Card for any reason.
assignees.
(8) You must not use, or try to use, the Card for any illegal
activity. You are responsible for any charges if you do.
Account Documents
(9) We are not liable for any losses that may result when
The following documents govern your Account with us:
our services are unavailable due to reasons beyond
our control.
(1) this Agreement;
(2) all Statements;
Promotional Credit Plans
(3) any privacy notices;
From time to time, we may offer one or more promotional
(4) all disclosures and materials provided to you before or
Credit Plans prior to or at the time of your purchase. Only
when you opened your Account;
certain purchases may be eligible for promotional Credit
(5) any other documents and disclosures relating to your
Plans. These plans may have special repayment terms
Account, including those provided online; and
and are conditioned on your timely payment of at least the
(6) any future changes we make to any of the above.
required payment amount each Billing Cycle:
Please read these carefully and keep them for
(1) Waived Interest Charge Credit Plan - With this plan,
future reference.
there are no Interest Charges on your purchase for a
New Offers
specified period.
In the future, we may provide you with new offers that we
(2) Same As h / Monthly Payment Credit Plan -
think may interest you. The terms of these offers may differ
With this plan, there are no Interest Charges on your
from the standard terms on your Account. This Agreement
purchase if you repay the full cash price of the purchase
will still apply.
before the promotional expiration date shown on your
Account Information
Statement. If you do not repay in full by the promotional
expiration date, Interest Charges will be imposed on the
We need information about you to manage your Account.
promotional purchase from the purchase date.
This includes:
(3) Reduced Rate Credit Plan - With this plan, you will
(1) your legal name,
receive a reduced Annual Percentage Rate (APR) on
(2) a valid U.S. mailing address and residential address
your purchase for a specified period.
(if different),
(3) your date of birth,
Authorized Users
(4) your Social Security number or other government
If you ask us to issue a Card to any other person, they are
identification number,
an Authorized User. We may require certain information
(5) your telephone number(s), and
about them. We may limit their ability to use your Card.
(6) your employment and income information.
They may have access to certain information about your
You must tell us when this information changes. We may
Account. You will be responsible for their use of the
ask you for additional documents to verify any changes.
Account and anyone else they allow to use your Account,
We may restrict or close your Account if we cannot verify
even if you did not want, or agree to, that use.
your information, or if you do not provide it as requested.
Removing an Authorized User
Credit Limits
If you want to remove an Authorized User from your
When you open your Account, we will tell you your credit limit.
Account, you must contact Customer Service and request
This will also appear on your Statement. We may also refer to
their removal. You also must immediately destroy all Cards
your credit limit as your credit line.
in their possession and cancel any arrangements they may
have set up on your Account. They will be able to use your
You are responsible for keeping track of your balance and
Account until you have notified us that you are removing
your available credit. You must manage your Account to
them from your Account. During this time, you will still be
remain below your credit limit. We may honor transactions
responsible for all amounts they charge to your Account.
above your credit limit, but if we do, these transactions
You will be responsible even if these amounts do not
will not increase your credit limit. You are responsible for
appear on your Account until later.
paying for any transaction you make above your credit limit.
Authorized Users may remove themselves from your
We may also increase, decrease, restrict or cancel your
Account upon request. We reserve the right to remove
credit limit at any time. This will not affect your obligation to
them from your Account for any reason. To remove them
pay us.
from your Account, we may close your existing Account
and issue a new Card with a new Account number.
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Your Promise to Pay
For Same as Cash plans, we will not charge you interest
You promise to pay us all amounts due on your Account.
on your promotional purchase if you repay the full amount
This includes amounts where you did not sign a purchase
of the purchase before the expiration date shown on your
slip or other documents for the transaction. We will treat
Statement. If you do not repay the promotional purchase in
transactions made without presenting your actual Card
full by the expiration date, Interest Charges will be imposed
(such as for mail, telephone, Internet or mobile device
on the promotional purchase from the date of the purchase.
purchases) the same as if you used the Card in person. If
We will generally treat Fees as purchase transactions
you let someone else use your Card, you are responsible
unless otherwise specified below. These Fees apply to your
for all transactions that person makes.
Account only if your Truth-in-Lending Disclosures provide for
Statements
them. We may increase your Interest Charges and Fees as
We will generally send or make available to you one
described in the Changes to Your Agreement section or in
Statement for all Cards on your Account at the end of each
your Truth-in-Lending Disclosures.
Billing Cycle. Under certain circumstances, the law may not
Late Payment Fee
require us to send or make available to you a Statement, or
We may charge you this Fee if we do not receive your
may prohibit us from doing SO.
payment as instructed on your Statement by the payment
Disputed Transactions
due date.
You must inspect each Statement you receive. Tell us
Returned Payment Fee
about any errors or questions you have, as described in
We may charge you this Fee each time your financial
the "Billing Rights Summary" on your Statement and other
institution for any reason rejects a payment you make to
Truth-in-Lending Disclosures. If you do not notify us of an
us.
error, we will assume that all information on the Statement
is correct.
Minimum Payment
You must pay us at least the minimum payment due by
If we credit your Account for all or part of a disputed
the payment due date. The minimum payment for your
transaction, you give us all of your rights against others
Account includes the minimum payment due on each
regarding that transaction. You will also:
Credit Plan. Your Statement will tell you:
(1) give us any information about the disputed transaction,
(1) the minimum payment due,
if we ask;
(2) your new balance,
(2) not pursue any claim or reimbursement of the
(3) the payment due date and
transaction amount from the merchant or any other
(4) an explanation of when the payment must reach us for
person; and
us to consider it received as of that date.
(3) help us get reimbursement from others.
Returns and other credits to your Account will reduce your
No Warranties
Account balance, but they will not change your minimum
We are not responsible for any claim you may have
payment amount.
regarding the purchase of goods or services made with
your Card beyond your rights described in the "Billing
In addition to the minimum payment, you may pay all or
Rights Summary" on your Statement.
part of the total balance on your Account. But, you must
still pay at least the minimum payment amount each
Lost or Stolen Card
month, even if you paid more than the minimum payment
If your Card is lost or stolen or if you think someone
due on the previous Statement. We will continue to charge
else may be using your Card or Account number without
Interest Charges during Billing Cycles when you carry a
your permission, you must contact Customer Service
balance regardless of whether your Statement includes
immediately. You will not be responsible for transactions on
a minimum payment that is due. If your Account is 180
your Account that we find are unauthorized.
days past due, is part of a bankruptcy proceeding, or is
If we reimburse you for unauthorized transactions, you will
otherwise charged off, the total balance is immediately due
help us investigate, pursue and get reimbursement from the
and payable.
wrongdoer. Your help includes giving us documents in a form
Making Payments
that we request.
Your payment must be made in U.S. dollars from a U.S.
Interest Charges and Fees
deposit account in a form acceptable to us. We do not
We will charge Interest Charges and Fees to your Account
accept cash payments through the mail. You may not
as disclosed on your Statement and other Truth-in-Lending
make payments with funds from your Account or any
Disclosures. In general, Interest Charges begin to accrue
other credit account with us or any other company in the
from the date of a purchase. However, we will not charge
Capital One organization. You must send mailed payments
you interest on any new purchases posted to your Account
to us as instructed on your Statement, unless we tell you
if you paid the total balance of your Account in full by the
otherwise.
due date on your Statement each month.
Other Payment Services
If you have a Same as Cash, Waived Interest Charge or
We may make services available that allow you to make
Reduced Rate Credit Plan balance and the promotional
faster or recurring payments online or by telephone. We
period does not expire before your payment due date,
will describe the terms for using these services and any
we will exclude that promotional plan balance from the
applicable Fee before you use them. You do not have to use
amount you must pay in full to avoid Interest Charges on
these other payment services.
new non-promotional purchases. However, you must still
We are not responsible if your financial institution rejects a
make any required payment on that excluded promotional
payment made using our payment services.
balance. Additionally, during the last two full Billing Cycles
prior to expiration of any Same as Cash Credit Plan, in
If you ask someone else to make a payment for you, we
order to continue to avoid interest on new non-promotional
may provide that person with limited Account information
purchases, you must also add payment in full of any such
necessary to set up and process that payment. We may
remaining Same as Cash Credit Plan balance.
also refuse to accept that payment. If we do accept it, you
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will be responsible for that payment even if a financial
Account Default
institution rejects it.
You will be in default if:
Payment Processing
(1) you do not make any payment when it is due;
We may accept and process payments without losing
(2) any payment you make is rejected, not paid or cannot
any of our rights. We may delay the availability of credit
be processed;
until we confirm that your payment has cleared. This
(3) you exceed a credit limit;
may happen even if we credit your payment to your
(4) you file or become the subject of a bankruptcy or
Account. We may resubmit and collect returned payments
insolvency proceeding;
electronically. If necessary, we may adjust your Account to
(5) you are unable or unwilling to repay your obligations,
correct errors, process returned and reversed payments
including upon death or legally declared incapacity;
and handle similar issues.
(6) we determine that you made a false, incomplete or
When you send us an Item as payment, you authorize
misleading statement to us, or you otherwise tried to
us to make a one-time electronic fund transfer from your
defraud us; or
deposit account. You also authorize us to process the
(7) you do not comply with any term of this Agreement or
payment as an Item. We may withdraw the funds from
any other agreement with us.
your deposit account as early as the same day we receive
If you are in default, we may take certain actions with
your payment. You will not receive your Item back from
respect to your Account. For example, depending on
your bank. We will provide additional information about this
the default, we may take the following actions, without
process on your Statement.
notifying you, unless the law says that we must give you
We may use the information from an Item to create an
notice:
electronic image. We may collect and return the image
(1) charge you Fees, or change the APRs and Fees on
electronically. This electronic image may also be converted
your Account, if provided in your Truth-in-Lending
to a substitute check and may be processed in the same
Disclosures;
way we would process an Item. We will not be responsible
(2) close or suspend your Account;
if an Item you provide has physical features that when
(3) lower your credit limit(s);
imaged result in it not being processed as you intended.
(4) demand that you immediately pay the total balance
How We Apply Your Payments
owing on your Account;
In each Billing Cycle, we generally apply payments up to
(5) continue to charge you Interest Charges and Fees as
your minimum payment amount to satisfy the minimum
long as your balance remains outstanding; and/or
payment due on each Credit Plan, first to the lowest APR
(6) file a lawsuit against you, or pursue another action that
Credit Plan balance and then to higher APR Credit Plan
is not prohibited by law. If we file a lawsuit, you agree to
balances. We apply any part of your payment exceeding
pay our court costs, expenses and attorney fees, unless
the law does not allow us to collect these amounts.
your minimum payment to the balance with the highest
APR, and then to balances with lower APRs. We do this
Communications
based on the APRs in effect and balances owed on the
You agree that we may communicate with you by mail,
day your preceding Billing Cycle ended.
telephone, email, fax, prerecorded message, automated
If your Account has a Same as Cash Credit Plan balance,
voice, text message or other means allowed by law
we will treat that balance as having a 0% APR for this
regarding your Account.
purpose, until the last two Billing Cycles of the promotional
You agree that we may contact you at any telephone
period. During the last two full Billing Cycles of the
number (including a mobile telephone number that you
promotional period, we will apply payments exceeding the
provide us), and use an automated telephone dialing
minimum payment to the Same as Cash Credit Plan(s)
system or similar device to do SO. You agree that we may
that is expiring, in the order of expiration date.
monitor or record any conversation or other communication
Items with Restrictive Words, Conditions,
with you.
or Instructions
Credit Reports
You must mail all Items bearing restrictive words,
We may report information about your Account to credit
conditions, limitations or special instructions to:
bureaus and others. Late payments, missed payments or
Capital One
other defaults on your Account may be reflected in your
PO Box 1330
credit report. Information we provide may appear on your
Charlotte, NC 28201-1330
and the Authorized Users' credit reports.
This includes Items marked "Paid in Full" or similar
If you believe that we have reported inaccurate information
language. This also includes all accompanying
about your Account to a credit bureau or other consumer
communications.
reporting agency, notify us in writing at PO Box 30258,
Salt Lake City, UT 84130-0258. When you write, tell us the
If you make such a payment or send any accompanying
specific information that you believe is incorrect and why
communications to any other address, we may reject it
you believe it is incorrect.
and return it to you. We may also accept it and process it
without losing any of our rights.
We may obtain and use credit, income and other
information about you from credit bureaus and others as
Credit Balances
the law allows.
We may reject and return any payment that creates or
adds to a credit balance on your Account. Any credit
Closing or Suspending Your Account
balance we allow will not be available until we confirm that
You may contact Customer Service to ask us to close
your payment has cleared. We may reduce the amount of
your Account.
any credit balance by any new charges. You may write to
We may close or suspend your Account at any time and for
the address provided on your Statement or call Customer
any reason permitted by law, even if you are not in default.
Service to request a refund of any available credit balance.
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If we close or suspend your Account for any reason,
Glossary
you must stop using your Card. You must also cancel all
"Account" means your Card Account with us.
billing arrangements set up on the Account. If we close or
permanently suspend your Account, you must return or
"Authorized User" means a person who may use
destroy all Cards. You must still pay us all amounts you owe
the Card but is not responsible for the repayment of
on the Account.
the Account.
Changes to Your Agreement
"Billing Cycle" means the period of time reflected
At any time, we may add, delete or change any term of
on a Statement. This period may vary in length, but is
this Agreement, unless the law prohibits us from doing SO.
approximately 30 days. You will have a Billing Cycle even if
We will give you notice of any changes as required by law.
a Statement is not required. We will often specify a Billing
We may notify you of changes on your Statement or in a
Cycle by the month in which its closing date occurs. For
separate notice. Our notice will tell you when and how the
example, a "March Billing Cycle" will have a closing date
changes will take effect. The notice will describe any rights
in March. We may also refer to a Billing Cycle as a "Billing
you have in connection with the changes.
Period". If your Account balance has charged off, we may
switch to quarterly Billing Cycles for your Account.
Your variable APRs (if applicable) can go up or down as
the index for the rate goes up or down. If we increase your
"Card" means any Capital One credit card associated
APRs for any other reason, or if we change your Fees or
with your Account. This includes all renewals and
other terms of your Account, we will notify you as required
substitutions. It also means any other access device for
by law.
your Account we give you that allows you to obtain credit,
including any Account number.
The Law That Applies to Your Agreement
"Credit Plans" mean the different parts of your Account
We make decisions to grant credit and issue you a Card
from our offices in Virginia. This Agreement is governed
we may establish that are subject to unique APRs, pricing
or other terms. The sum of your Credit Plan balances
by applicable federal law and by Virginia law. If any part of
this Agreement is unenforceable, the remaining parts will
equals your total Account balance.
remain in effect.
"Fees" mean charges imposed on your Account not
Waiver
based on the Annual Percentage Rates.
We will not lose any of our rights if we delay or choose not
"Interest Charges" mean any charges to your Account
to take any action for any reason. We may waive our right
based on the application of Annual Percentage Rates.
without notifying you. For example, we may waive your
"Item" means a check, draft, money order or other
Interest Charges or Fees without notifying you and without
negotiable instrument you use to pay your Account. This
losing our right to charge them in the future.
includes any image of these instruments. This does not
Assignment
include an Access Check.
This Agreement will be binding on, and benefit, any of your
"Statement" means a document showing important
and our successors and assigns. You may not sell, assign
Account information, including all transactions billed to
or transfer your Account or this Agreement to someone
your Account during a Billing Cycle and information about
else without our written permission.
what you must pay. We may also refer to your Statement
We may sell, assign or transfer your Account and this
as a "Periodic Statement" or a "Billing Statement".
Agreement without your permission and without prior
"Truth-in-Lending Disclosures" means disclosures
notice to you. Any assignee or assignees will take our
that the federal Truth in Lending Act and Regulation Z
place under this Agreement. You must pay them and
require for any Account. This includes your application
perform all of your obligations to them and not us. If you
and solicitation disclosures, Account opening disclosures,
pay us after we notify you that we have transferred your
subsequent disclosures, Statements and change in terms
Account or this Agreement, we can return the payment to
notices.
you, forward the payment to the assignee or handle it in
another way that is reasonable.
CapitalOne
2015 Capital One
Capital One is a federally registered service mark.
BR262481 M-111185
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