Common use of Right to Chargeback Clause in Contracts

Right to Chargeback. Any Sales Slip or Card Sale is subject to Chargeback under any one or more of the following circumstances, and thereupon the provisions of Section 6.3 below shall apply: (a) the application or any information on the application or the Sales Slip or any required information on the Sales Slip is illegible or incomplete; the Sales Slip or application is not executed by the Cardholder; (b) an Authorization is not obtained from the Authorization Center; (c) the Sales Slip is a duplicate of a Sales Slip previously paid; (d) the price of the Goods shown on the Sales Slip differs from the amount shown on the Cardholder’s copy of the Sales Slip; (e) HSBC reasonably determines that (i) Merchant has breached or failed to satisfy, any term, condition, covenant, warranty, or other provision of this Agreement, or of the Operating Instructions, in connection with a Sales Slip, Card Sale or the transaction to which it relates, or an application for a Card or the opening of an Account; (f) the Sales Slip, application, cardholder agreement or Card Sale is fraudulent or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including, without limitation, negligence, fraud, misrepresentation, or dishonesty on the part of the customer or Merchant or its agents, employees, licensees, or franchisees; (g) the related transaction is not a bona fide transaction in Merchant’s ordinary course of business; (h) the Cardholder in good faith, disputes or denies the Card Sale or other Card transaction, the execution of the Sales Slip, application, or Cardholder Agreement; (i) the Cardholder in good faith disputes or denies the delivery, quality, or performance of the Goods; (j) the Cardholder alleges that a credit adjustment was requested and refused or that a credit adjustment was issued by Merchant but not posted to the Account due to Merchant’s failure to submit the Credit Slip to HSBC;

Right to Chargeback. Any Sales Slip or Card Sale is subject Bank shall have the right to Chargeback charge back to Bon-Ton the amount of any Cardholder Indebtedness, including Cardholder Indebtedness incurred prior to the Effective Date in the Existing Portfolio under any one or more of the following circumstances, and thereupon the provisions of Section 6.3 below shall apply: (a) The Cardholder refuses to pay the application charge based on a dispute regarding the quality or delivery of Goods representing a valid defense to payment consistent with Applicable Law; provided that any information on the application or the Sales Slip or any required information on the Sales Slip is illegible or incomplete; the Sales Slip or application is not executed such refusal constitutes a bona fide claim presented by the CardholderCardholder in good faith in the reasonable opinion of Bank, after consultation with Bon-Ton; (b) an Authorization is The Cardholder refuses to pay the charge based on a claim of unauthorized use of the Card; in a retail Store owned or operated by Bon-Ton or its Affiliates provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of Bank, after consultation with Bon-Ton, and Bon-Ton did not obtained from comply with the Authorization Centerprocedures set forth in Section 5.4, Section 5.5,and Section 5.6 with regard to the disputed charge; (c) the The Card Sale was not for a bona fide sale or delivery of Goods; (d) The Sales Slip is a duplicate of a Sales Slip charge slip previously paid; (de) the The price of the Goods shown on the Sales Slip differs from the amount shown on the Cardholder’s 's copy of the Sales Slip; (ef) HSBC reasonably determines that (i) Merchant has breached or failed to satisfy, any term, condition, covenant, warranty, or other provision of this Agreement, or of the Operating Instructions, in connection with a Sales Slip, The Card Sale or the transaction to which it relates, Account arose from fraud of any Bon-Ton employee or an application for agent in a Card retail Store owned or the opening of an Account; (f) the Sales Slip, application, cardholder agreement or Card Sale is fraudulent or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including, without limitation, negligence, fraud, misrepresentation, or dishonesty on the part of the customer or Merchant operated by Bon-Ton or its agents, employees, licensees, or franchiseesAffiliates; (g) The Cardholder refuses to pay the related transaction Card Sale based on (i) a dispute regarding accuracy of the amount set forth on the Sales Slip and Bon-Ton is not a bona fide transaction able to validate such amount or (ii) the Sales Slip is illegible or is missing information in Merchant’s ordinary course of business;any material respect; or, (h) the Cardholder in good faith, disputes or denies the Card Sale or other Card transaction, the execution of Bon-Ton fails to deliver to Bank the Sales Slip, applicationCredit Slip, application or Cardholder Agreement; (i) the Cardholder in good faith disputes or denies the delivery, quality, or performance other records of the Goods; Card transaction within the time periods required under this Agreement provided that Bon-Ton's failure is not attributable to acts or failures to act of Bank. Bank shall be entitled to process chargebacks for one (j1) year past the Cardholder alleges that a credit adjustment was requested and refused or that a credit adjustment was issued by Merchant but not posted date of the applicable transaction or, with respect to Promotional Credit Plans, one (1) year past the Account date on which the first payment is due to Merchant’s failure to submit on the Credit Slip to HSBC;applicable Card Sale.

Right to Chargeback. Any Sales Slip or Card Sale is subject to Chargeback under any one or more of the following circumstances, and thereupon the provisions of Section 6.3 below shall apply: (a) the application or any information on the application or the Sales Slip or any required information on the Sales Slip is illegible or incomplete; ; (b) the Sales Slip or application is not executed by the Cardholder; (bc) an Authorization is not obtained from the Authorization Center; (cd) the Sales Slip is a duplicate of a Sales Slip previously paid; (de) the price of the Goods shown on the Sales Slip differs from the amount shown on the Cardholder’s copy of the Sales Slip; (ef) HSBC reasonably determines that (i) Merchant has breached or failed to satisfy, any term, condition, covenant, warranty, or other provision of this Agreement, or of the Operating Instructions, in connection with a Sales Slip, Card Sale or the transaction to which it relates, or an application for a Card or the opening of an Account; (fg) the Sales Slip, application, cardholder agreement or Card Sale is fraudulent or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including, without limitation, negligence, fraud, misrepresentation, or dishonesty on the part of the customer or Merchant or its agents, employees, licensees, or franchisees; (gh) the related transaction is not a bona fide transaction in Merchant’s ordinary course of business; (hi) the Cardholder in good faith, disputes or denies the Card Sale or other Card transaction, the execution of the Sales Slip, application, or Cardholder Agreementcardholder agreement; (ij) the Cardholder in good faith disputes or denies the delivery, quality, or performance of the Goods; (jk) the Cardholder alleges that a credit adjustment was requested and wrongfully refused or that a credit adjustment was issued by Merchant but not posted to the Account due to Merchant’s failure to submit the Credit Slip to HSBC; (I) Merchant ships Goods to an address that does not match HSBC’s billing address and the Cardholder denies that the Goods were received; or (m) Merchant fails to deliver to HSBC the Sales Slip, Credit Slip, application or other records of the Card transaction within the time periods required in this Agreement.

Right to Chargeback. Any Sales Slip or Card Sale is subject to Chargeback under any one or more of the following circumstances, and thereupon the provisions of Section 6.3 below shall apply: (a) the application or any information on the application or the Sales Slip or any required information on the Sales Slip is illegible or incomplete; ; (b) the Sales Slip or application is not executed by the Cardholder; (bc) an Authorization is not obtained from the Authorization Center; (cd) the Sales Slip is a duplicate of a Sales Slip previously paid; (de) the price of the Goods shown on the Sales Slip differs from the amount shown on the Cardholder’s copy of the Sales Slip; (ef) HSBC reasonably determines that (i) Merchant has breached or failed to satisfy, any term, condition, covenant, warranty, or other provision of this Agreement, or of the Operating Instructions, in connection with a Sales Slip, Card Sale or the transaction to which it relates, or an application for a Card or the opening of an Account; (fg) the Sales Slip, application, cardholder agreement or Card Sale is fraudulent or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including, without limitation, negligence, fraud, misrepresentation, or dishonesty on the part of the customer or Merchant or its agents, employees, licensees, or franchisees; (gh) the related transaction is not a bona fide transaction in Merchant’s ordinary course of business; (hi) the Cardholder in good faith, disputes or denies the Card Sale or other Card transaction, the execution of the Sales Slip, application, or Cardholder Agreementcardholder agreement; (ij) the Cardholder in good faith disputes or denies the delivery, quality, or performance of the Goods; (jk) the Cardholder alleges that a credit adjustment was requested and wrongfully refused or that a credit adjustment was issued by Merchant but not posted to the Account due to Merchant’s failure to submit the Credit Slip to HSBC;