Common use of Chargeback Rights of Bank Clause in Contracts

Chargeback Rights of Bank. Bank will bear all Accountholder credit losses. However, Bank may charge back to Retailer any indebtedness related to Charge Transaction Data submitted by Retailer if, with respect to the corresponding charge or credit or the underlying transaction one or more of the following occurs: (a) The Accountholder disputes the charge, and so long as Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (b) The Accountholder refuses to pay, based on an assertion of a dispute about the quality of the merchandise or services purchased from, or any act or omission by Retailer, including any alleged breach of warranty provided by or through Retailer, and so long as Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (c) The charge does not comply in all material respects with this Agreement (or any representations, warranties and covenants set forth herein) or the Operating Procedures. (d) The charge is disputed, and Retailer cannot supply a copy of the underlying sales receipt or Promotional Disclosures consent that resolves the dispute within twenty (20) days of Bank’s request. (e) Bank determines, after providing Retailer an opportunity to investigate and respond, that any charge does not represent a bona fide sale by Retailer or otherwise involves fraudulent activities by Retailer’s employees, contractors or agents. (f) The Accountholder alleges that the Retailer provided false or misleading information (e.g., incorrect information about credit promotions), and so long as Bank has provided Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (g) The goods or services purchased have not been delivered or provided to the Accountholder or the Accountholder’s designee. (h) Any credit is submitted where there is no corresponding charge transaction. (i) Any charge or credit disputed as fraudulent relates to a transaction where the Accountholder was not physically present at Retailer’s location (e.g., by telephone or via Internet). (j) The Accountholder disputes the fact of a purchase or the existence of all or any portion of the Indebtedness resulting from a Card-Not-Present Purchase and Bank, after undertaking an investigation in accordance with its ordinary course dispute and fraud resolution policies and procedures (as in effect from time to time), determines in its good faith discretion that such Card-Not-Present Purchase was fraudulent. “Card-Not-Present Purchase” means a purchase of Retailer’s products and/or services financed on an Account where the person transacting such purchase does not present a Card relating to such Account, but states that he or she is an Accountholder or an authorized user. Notwithstanding the foregoing, a Card-Not-Present Purchase shall not include the initial purchase financed on an Account on the same day and at the same store location where Accountholder applied to obtain such Account. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 2 contracts

Samples: Retailer Program Agreement (Haverty Furniture Companies Inc), Retailer Program Agreement (Haverty Furniture Companies Inc)

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Chargeback Rights of Bank. (a) Bank will bear all Accountholder credit losses. However, Bank may charge back to Retailer any indebtedness related transaction when, after giving Retailer an opportunity to Charge Transaction Data submitted by Retailer ifinvestigate and respond, with respect to the corresponding charge or credit or the underlying transaction one or more of the following occurs: (ai) The Accountholder disputes the charge, and so long as Bank has given Retailer an opportunity to respond charge and Bank reasonably determines in good faith after considering Retailer’s response and supporting documentation, including Retailer’s return and exchange policies, that the Accountholder’s dispute is valid. (b) The Accountholder refuses to pay, based on an assertion of a dispute about the quality of the merchandise or services purchased from, or any act or omission by Retailer, including any alleged breach of warranty provided by or through Retailer, and so long as Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (cii) The charge does not fully comply in all material respects with any of (i) this Agreement (or any representations, warranties and covenants set forth herein), (ii) or the Operating Procedures, or (iii) applicable law. (diii) The charge is disputed, disputed and Retailer cannot supply a copy of the an underlying sales receipt or Promotional Disclosures consent that resolves and any disclosures required by the dispute within twenty (20) days of Bank’s requestOperating Procedures. (eiv) Bank determines, after providing Retailer an opportunity to investigate and respond, reasonably determines that any charge does not represent a bona fide sale by Retailer or otherwise involves fraudulent activities by Retailer’s employees, contractors or agents. (fv) The Accountholder alleges that the Retailer provided false or misleading information (e.g., incorrect information about credit promotions), and so long as Bank has provided Retailer an opportunity to respond ) and Bank reasonably determines in good faith after considering Retailer’s response and supporting documentation, including Retailer’s return and exchange policies, that the Accountholder’s dispute is valid. (gvi) The goods or services purchased have not been delivered delivered, provided or provided to the Accountholder or the Accountholder’s designeeshipped. (hvii) Any credit is submitted where there is no corresponding charge transaction. (iviii) Any disputed or fraudulent charge or credit disputed as fraudulent relates related to a transaction where the Accountholder was not physically present at an Absentee Purchase and Bank reasonably determines after considering Retailer’s location (e.g., by telephone response and supporting documentation that the Accountholder’s dispute is valid or via Internet)the charge was fraudulent. (jix) The Accountholder disputes the fact of a purchase amount or the existence of of, or otherwise refuses to pay, all or any portion of the Indebtedness indebtedness resulting from a Card-Not-Present Card‑Not‑Present Purchase and Bank, Bank reasonably determines after undertaking an investigation in accordance with its ordinary course considering Retailer’s response and supporting documentation the Accountholder’s dispute and fraud resolution policies and procedures (as in effect from time to time), determines in its good faith discretion that such Card-Not-Present Purchase was fraudulentis valid. “Card-Not-Present Card‑Not‑Present Purchase” means a purchase of Retailer’s products and/or or services financed on an Account where the person transacting such purchase does not present a Card relating to such Account, but states that he or she is an Accountholder or an authorized user. Notwithstanding the foregoing, a Card-Not-Present Purchase shall not include the initial purchase financed on an Account on the same day and at the same store location where Accountholder applied to obtain such Account. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Retailer Program Agreement (Select Comfort Corp)

Chargeback Rights of Bank. Bank will bear all Accountholder credit losses. However, Bank may charge back to Retailer any indebtedness related to Charge Transaction Data submitted by Retailer if, with respect to the corresponding charge or credit or the underlying transaction when one or more of the following occurs: (a) The Accountholder disputes the charge, and so long as if Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (b) The Accountholder refuses to pay, based on an assertion of a dispute about the quality of the merchandise or services purchased from, or any act or omission by Retailer, including any alleged breach of warranty provided by or through Retailer, and so long as Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (c) The charge does not fully comply in all material respects with any of (i) this Agreement (or any representations, warranties and covenants set forth herein), (ii) or the Operating ProceduresProcedures and/or (iii) applicable law. (d) The charge is disputed, and Retailer cannot supply a copy of the underlying sales receipt or Promotional Disclosures consent application that resolves the dispute within twenty (20) ten days of Bank’s request. (e) Bank determines, after providing Retailer an opportunity to investigate and respond, determines that any charge does not represent a bona fide sale by Retailer or otherwise involves fraudulent activities by Retailer’s employees, contractors or agents. (f) The Accountholder alleges that the Retailer provided false or misleading information (e.g., incorrect information about credit promotions), and so long as Bank has provided Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (g) The goods or services purchased have not been delivered delivered, provided or provided to the Accountholder or the Accountholder’s designeeshipped. (h) Any credit is submitted where there is no corresponding charge transaction. (i) Any disputed or fraudulent charge or credit disputed as fraudulent relates to a transaction where the Accountholder was not physically present at Retailer’s location (e.g., by telephone or via Internet). (j) The Accountholder disputes the fact of a purchase amount or the existence of of, or otherwise refuses to pay, all or any portion of the Indebtedness indebtedness resulting from a Card-Not-Present Purchase and Bank, after undertaking an investigation in accordance with its ordinary course dispute and fraud resolution policies and procedures (as in effect from time to time), determines in its good faith discretion that such Card-Not-Present Purchase was fraudulentPurchase. “Card-Not-Present Purchase” means a purchase of Retailer’s products and/or services financed on an Account (i) where the person transacting such purchase does not present a Card relating to such Account, but states that he or she is an Accountholder or an authorized user, or (ii) where such purchase constitutes an Absentee Purchase (as defined in Section 2(m)). Notwithstanding the foregoing, a Card-Not-Present Purchase shall not include the initial purchase financed on an Account on the same day and at the same store location where Accountholder applied to obtain such Account. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Retailer Program Agreement (Conns Inc)

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Chargeback Rights of Bank. Bank will bear all Accountholder credit losses. However, Bank may charge back to Retailer any indebtedness related to Charge Transaction Data submitted by Retailer if, with respect to the corresponding charge or credit or the underlying transaction one or more of the following occurs: (a) The Accountholder disputes the charge, and so long as Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (b) The Accountholder refuses to pay, based on an assertion of a dispute about the quality of the merchandise or services purchased from, or any act or omission by Retailer, including any alleged breach of warranty provided by or through Retailer, and so long as Bank has given Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (c) The charge does not comply in all material respects with this Agreement (or any representations, warranties and covenants set forth herein) or the Operating Procedures. (d) The charge is disputed, and Retailer cannot supply a copy of the underlying sales receipt or Promotional Disclosures consent that resolves the dispute within twenty (20) days of Bank’s request. (e) Bank determines, after providing Retailer an opportunity to investigate and respond, that any charge does not represent a bona fide sale by Retailer or otherwise involves fraudulent activities by Retailer’s employees, contractors or agents. (f) The Accountholder alleges that the Retailer provided false or misleading information (e.g., incorrect information about credit promotions), and so long as Bank has provided Retailer an opportunity to respond and Bank determines in good faith that the Accountholder’s dispute is valid. (g) The goods or services purchased have not been delivered or provided to the Accountholder or the Accountholder’s designee. (h) Any credit is submitted where there is no corresponding charge transaction. (i) Any charge or credit disputed as fraudulent relates to a transaction where the Accountholder was not physically present at Retailer’s location (e.g., by telephone or via Internet). (j) The Accountholder disputes the fact of a purchase or the existence of all or any portion of the Indebtedness resulting from a Card-Not-Present Purchase and Bank, after undertaking an investigation in accordance with its ordinary course dispute and fraud resolution policies and procedures (as in effect from time to time), determines in its good faith discretion that such Card-Not-Present Purchase was fraudulent. “Card-Not-Present Purchase” means a purchase of Retailer’s products and/or services financed on an Account where the person transacting such purchase does not present a Card relating to such Account, but states that he or she is an Accountholder or an authorized user. Notwithstanding the foregoing, a Card-Not-Present Purchase shall not include the initial purchase financed on an Account on the same day and at the same store location where Accountholder applied to obtain such Account. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Retailer Program Agreement (Haverty Furniture Companies Inc)

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