Buy Now, Pay Later Terms - Please read this Agreement and keep a copy.
This Buy Now Pay Later Loan Agreement (“Agreement”) is between you and KAMALETDOS LLC (“KAMALETDOS”), a Limited Liability Company as the originator of your loan. Use of the words “we,” “us,” and “our” refer to KAMALETDOS or its assignees. Use of the words “you” and “your” refer to you as a registered owner of the KAMALETDOS customer account.
You acknowledge that you have read, agree with, and accept all terms and conditions contained in this Agreement. In consideration of the promises and the respective representations, warranties, covenants, agreements and conditions contained below and on the following pages, you and KAMALETDOS enter into this Agreement and agree with, and accept, the terms and conditions set forth herein.
PAYMENT SCHEDULE: Please refer to the purchase history in your KAMALETDOS customer account for due dates and amounts (“Payment Schedule”).
· Finance Charge (the dollar amount the credit will cost you): $0
· Annual Percentage Rate (the cost of your credit as a yearly rate): 0%
· Applicable Fees: We may assess a late fee for any payment not received by us within 7 days of its scheduled due date (subject to any additional grace period required by applicable law).
Terms of Agreement
Please note that Section 22 of this Agreement includes provisions that govern how claims you or we may have against each other are resolved. These provisions may require arbitration for a dispute that you assert against us. The Agreement also includes important terms regarding your rights related to fees and governing law.
1. Promise to Pay
You agree to pay
· In case of a power bank charging station with power banks purchased: Twenty (20) % of the $3,000 product price, as an initial down payment, due upon placing an order, and twelve (12) monthly installments of $200 each thereafter.
· In case of purchasing any other product listed on our web site: Twenty (20) % of the total order amount, as an initial down payment, due upon placing the order, and eight (8) monthly installments of ten (10) % of the total order amount thereafter.
Such payment plan will allow you to complete a purchase with KAMALETDOS. You also must pay any late fees you incur under this Agreement. You understand that this Agreement may be assigned without your permission or prior notice to you, as more fully described in Section 20 below. Upon an assignment, you must pay the assignee and perform all of your obligations to it and not to KAMALETDOS. You may prepay any amount due without a penalty. Any prepayment will be applied towards upcoming payments in the order they become due.
2. Consumer Credit Reporting
KAMALETDOS neither obtains credit reports from credit reporting agencies nor does KAMALETDOS report information about your account or payment conduct to credit bureaus.
3. Installment Payments Rules
a. If you miss a payment, your next payment must include the originally scheduled payment, the missed payment, any previously missed payments, and any late charges due as a result of a missed payment.
b. You will take all necessary steps to ensure our payment notifications can be received via the preferred communication channel you selected to receive notifications in your customer account. Your payment will still be due on your regularly scheduled due date even if you do not receive a notification from us.
4. Making Installment Payments
Your payment must be made in U.S. dollars from a valid U.S. source in a form acceptable to us. Conforming payments can be made in the following ways:
a. Automatic Payment. Additional disclosures will be provided at the time of enrollment. By enrolling in automatic payments, you authorize your linked instrument(s) to be debited on each due date in the Payment Schedule in the sum of: (i) the originally scheduled payment, (ii) any missed payment, (iii) any previously missed payments, and (iv) any late charge due as a result of a missed payment.
b. Manual Electronic Payments. You may also choose to manually make payments. By choosing this method, you will be required to authorize your card to be debited for a stated amount each time you make a payment.
5. Payment Processing
a. You agree that we may accept and process payments without losing any rights.
b. You agree that neither we nor any of our service providers are responsible if your financial institution rejects a payment you make. You will be responsible for any fees charged by your financial institution.
c. You agree and authorize us to resubmit and/or collect returned payments electronically if you have opted to pay electronically.
d. You agree and authorize us to make electronic reversals or credits to any card you have provided in the event of an erroneous debit or as otherwise appropriate.
e. You agree and authorize us to adjust your Payment Schedule to correct errors, to process returned and reversed payments, and to handle other issues pertaining to your account.
6. Application of Payments
Except as prohibited by law, payments will be applied to your obligation as we determine in our sole discretion.
7. Late Payments
If an Installment Payment is not paid by the due date in the Payment Schedule and remains unpaid for a period of seven (7) days after the due date (or such additional grace period required by applicable law), a late fee will be imposed. The terms of this paragraph are subject to applicable state law.
8. Payment Default
a. Unless expressly prohibited by law, you will be in default if:
· You do not make your payment in full when it is due;
· Any payment you make is rejected or not paid by your bank or cannot be processed by your bank;
· You file or become the subject of bankruptcy or insolvency proceedings;
· You are unable to repay your obligations, including upon death or legally declared incapacity;
· You provided inaccurate, untrue, or incomplete information, or you otherwise tried to defraud or provide material misrepresentations to us or our service providers;
· Your KAMALETDOS customer account is restricted, suspended, or terminated;
· You do not comply with any term of this Agreement; and/or
· You permanently reside outside the United States.
b. If you are in default, we may take certain actions with respect to your credit without notifying you unless notification is required by law. For example, depending on the default the following actions may be taken:
· If you are enrolled in automatic payments, your customer account balance or card may be debited the amount of any payment not paid by the due date;
· Your ability to use any or all features of your customer account with us may be suspended until you satisfy your outstanding obligation;
· You may be unable to obtain credit from us in the future; and/or
· Any other action to the extent not prohibited by law.
c. If you do not pay in full on the final due date in your Payment Schedule (“Final Due Date”), you authorize us to initiate payments to us from your customer account balance any time that there are available funds in your customer account, including when you add funds to your customer account.
Except as set forth below, a payment that we initiate under this authorization may be in the amount of the available funds in your customer account or in the amount required to pay off your obligations to us, including any late charges (“Payoff Amount”), whichever is less. This authorization will be continuing and will remain in effect until your Payoff Amount is paid in full. For the avoidance of doubt, we may initiate multiple separate payment transactions under this authorization. Also, if your customer account has insufficient available funds on the Final Due Date to pay the entire Payoff Amount then we may, after initiating a payment from your customer account balance, initiate a second transaction for the remainder of the Outstanding Balance from the card linked to your KAMALETDOS customer account as a funding source.
This subsection is not intended to create or to give us a security interest in your customer account balance or any funds added to your customer account. We expressly disclaim any priority over other creditors or a bankruptcy trustee in a bankruptcy proceeding or similar proceeding as a result of the payment authorization in this subsection.
9. Disputes & Refunds
If you are not satisfied with the goods or services you receive from us, we will make good faith efforts to resolve any issues directly with you. Refunds of goods or services purchased under this Agreement are subject to KAMALETDOS’s refund policy. If we issue a refund of the entire amount under this Agreement, then this Agreement will terminate and you will not be responsible to make any payments. If we issue a refund of less than the entire amount under this Agreement, the refunded amount will be applied against your customer account balance as appropriate and subject to applicable law.
10. Documents
The following documents (“Loan Documents”) govern your loan:
· The E-SIGN Act Consent provided to you when you applied for the loan;
· This Agreement;
· Any Automated Payment Authorization you agreed to;
· Any Privacy Policies you agreed to; and
· Any Updated Terms and Updated Payment Schedule.
11. Entire Agreement
You acknowledge and agree that no oral representations shall vary, modify or amend the terms and conditions of the Loan Documents. Any failure by us to exercise, or delay by us in exercising, any right or remedy shall not operate as a waiver thereof.
12. Applicable Law
This Agreement and any dispute arising hereunder will be governed by Delaware law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
13. Service Providers
We may retain service providers to perform on our behalf any actions authorized or contemplated by this Agreement. Any authorization or permission that you grant to us in this Agreement (or otherwise in connection with your loan) shall extend to and cover any service provider acting on our behalf or at our direction. Without limiting the generality of the foregoing, you expressly authorize Dwolla and Plaid and/or its affiliates, when acting as our service provider, to take any actions authorized or contemplated by this Agreement regardless of whether such actions are authorized or contemplated by these Terms of Service. Other provisions in this Agreement that expressly extend rights or protections under this Agreement to our service providers (either generally or to specific service providers) are included for the avoidance of doubt, and should not be interpreted to limit the operation or effect of the general provisions in this Section.
14. Personal Information
You promise to provide personal information about you or your entity that may be requested from time to time for security, and/or other purposes related to the management of your account. This includes, but is not limited to:
· Your legal name or entity name
· A valid U.S. mailing address and residential address or registered address of your entity
· Your date of birth or incorporation date, State of incorporation and file number of your entity;
· Your Individual Taxpayer Identification Number or Employer Identification Number of your entity;
· Your telephone number(s); and
· Your email address(es)
You promise to promptly update your personal information in your customer account, including but not limited to your name, street address, email address or telephone number. In doing so, you agree that you will not provide false information or signatures, electronic or otherwise, at any time. You may be asked for additional documents to verify any changes.
15. Age and Residency/Country of Incorporation
By entering into this Agreement, if an individual, you agree that you are at least 18 years of age or older and of sufficient legal age to enter into a contract in the state where you reside and you are a resident of the United States when you execute this Agreement. In case this Agreement is entered into on behalf a corporate entity, by entering into this Agreement, you acknowledge the entity is incorporated in the United States and you are authorized to act on its behalf.
16. Customer Identification
When you open a customer account with us, we will ask for your name or entity name, address, date of birth or incorporation date and state of incorporation, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents, in case of a natural person or certificate of incorporation/formation in case of a corporate entity.
17. Communications and Contact Information
a. You consent to accept and receive communications from us including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. Such communications may include, but are not limited to communications regarding applications for credit, credit decisions, disclosures, servicing, collections, requests for secondary authentication, receipts, reminders, and notifications regarding updates to your account or account support. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages sent to you.
b. You may opt-out of receiving promotional email communications by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may also opt-out of text messages from us at any time.
18. Feedback and Suggestions
You may submit comments or suggestions about the services you receive from us. By doing so, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the comments or suggestion without any additional compensation to you, and/or to disclose same on a non-confidential basis or otherwise to anyone. You hereby grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use the User Feedback and Suggestions and all elements thereof, in any and all media formats and forms, known now or hereafter devised for any purpose that we choose.
19. Severability
Except as otherwise provided herein and to the extent not prohibited by law, if any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement. For avoidance of doubt, this provision shall not apply to Section 22.
20. Assignment and Delegation
a. This Agreement will be binding on, and benefit, any of your and KAMALETDOS’s successors and assigns, which such assigns shall include, for the avoidance of doubt, any subsequent holders of your loan. Except as provided by applicable law, KAMALETDOS may sell, assign or transfer your loan and this Agreement in whole or in part without your permission and without prior notice to you. Any assignee or assignees, including, for the avoidance of doubt, any subsequent holders of this loan agreement, will take KAMALETDOS’s place under this Agreement. You must pay them and perform all of your obligations to them and not KAMALETDOS. If you pay KAMALETDOS after you are notified that your loan or this Agreement has been transferred, KAMALETDOS may return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable. You may not sell, assign, delegate or transfer your loan, this Agreement, or your obligations under this agreement to someone else without written permission of KAMALETDOS or any subsequent holder of your loan. Any sale, assignment or transfer of your loan by you in violation of this section shall be null and void.
b. If this Agreement is sold, assigned or otherwise transferred, your rights under the law or under this Agreement are in no way altered or impaired.
21. Disputes
Disputes are defined as any claim, controversy, or dispute between you and us, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of this Agreement, and including any claim, controversy, or dispute based on any conduct of you or us that occurred before the effective date of this Agreement, including any claims relating in any other aspect of your relationship with us.
22. Arbitration
You and we agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Pre-Filing Requirement. Before an arbitration is commenced, you or we agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of this Agreement. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to us should be sent by certified mail to:
KAMALETDOS LLC, Attn: Arbitration Provision, 8 The Green, Ste A, Dover, DE 19901
Any Notice sent to you will be sent to the contact information on file for your account. The Notice must: (i) include your name; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that Delaware courts, or United States District Court for the District of Delaware, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “AAA Rules”), including Rule D-3(b), except you and we will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small claims court rather than through arbitration. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. As long as it is consistent with the AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will occur in Dover; provided, however, if circumstances prevent you from traveling to Dover, the Arbitrator may hold an in-person hearing in your home town. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We value your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and we also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries..
Arbitration Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after we first provide you with the right to reject this provision. The Opt Out must be mailed to
KAMALETDOS LLC, Attn: Arbitration Provision, 8 The Green, Ste A, Dover, DE 19901
The Opt Out must include your name, address, phone number and the email address(es) as well as the order number for which you choose to Opt Out. Opting out will not affect any other aspect of the Agreement and you will be opted out of arbitration for any subsequent (but not prior) Buy Now Pay Later Agreements.
Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the Delaware courts, or United States District Court for the District of Delaware.
23. State Specific Disclosures (Individuals/Consumers only)
For CALIFORNIA residents: A married applicant may apply for a separate account. As required by California law, you are hereby notified that a negative credit report reflecting on your credit record may not be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
For IOWA residents: NOTICE TO CONSUMER: (1) Do not sign this paper before you read it. (2) You are entitled to a copy of this paper. (3) You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.
IMPORTANT: READ BEFORE SIGNING. The terms of this Agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally enforced. You may change the terms of this agreement only by another written agreement.
For KANSAS residents: NOTICE TO CONSUMER: 1. Do not sign this Agreement before you read it. 2. You are entitled to a copy of this Agreement. 3. You may prepay the unpaid balance at any time without penalty.
For MASSACHUSETTS residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
For MISSOURI residents: Oral or unexecuted agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
For NEW JERSEY residents: The section headings of this Agreement are a table of contents and not contract terms. Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, are void, unenforceable or inapplicable in New Jersey.
For NEW YORK, RHODE ISLAND, and VERMONT residents: You understand and agree that we may not obtain a consumer credit report in connection with your application and in connection with any update, renewals for extension of any credit as a result of your application. If you ask, you will be informed whether or not such a report was obtained, and if so, the name and address of the agency that furnished the report. You also understand and agree that we may not obtain a consumer credit report in connection with the review or collection of any loan made to you as a result of this application or for other legitimate purposes related to such loans.
For OHIO residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.
For WASHINGTON residents: Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law.
For UTAH residents: As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may not be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. This Agreement is the final expression of the agreement between you and us and it may not be contradicted by evidence of an alleged oral agreement.
Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement or court decree adversely affects our rights, unless you give us a copy of such agreement, statement or court order before we grant you credit, or we have actual knowledge of the adverse obligation. All obligations under this Agreement will be incurred in the interest of your marriage or family. You understand that we may be required to give notice of this Agreement to your spouse. Married Wisconsin residents must furnish the name and email address of their spouse to KAMALETDOS LLC through customer account support, which is accessed by clicking the contact us links on our web site.
Executed via Electronic Signature on Execution Date, which is the date of your purchase as shown in your customer account purchase history.