You Can Buy (UCB, LLC.) Contract:

“Customer Agreement/Contract for Layaway Agreement”

GENERAL: This agreement contains the terms and conditions that apply to and govern the use of the UCB, LLC Layaway Account as defined by your state law. In this agreement, the word “Account” refers to each such account, and “UCB, LLC,” “we,” “us,” and “our” refer to UCB, LLC or our assignees. “Your” and “you” refer to all persons who were approved by us to use the account. Please read and hold a copy of this Agreement for your records. This Agreement begins on the date that we extend a layaway purchase to you and your account as evidenced by a signed Layaway Agreement that we honor, an accepted memorandum, communication, or a verbal telephone sale and ends on.

Financial Terms, Conditions,  &  Disclosures:

1. METHOD OF PAYMENT:  Customer has the option of making contractual payments via existing credit card or electronic (ACH) withdraw from checking account (if elected, find and sign attached ACH Release Authorization).

2. PAYMENT SCHEDULE/MINIMUM PAMENT DUE: 

• Customer has elected to make payments Weekly, Bi-Weekly, Monthly (Circle One)
• Each payment amount due PRIOR to Product Shipping Date will be dependent on the merchandise selected.
• Customer agrees to make all 52 scheduled payments on time, which is the full contract amount.

3. SHIPPING DISCLOSURE DATE:  Customer merchandise will be delivered to the address supplied when signing up.  Merchandise will be ordered for future shipment date after the 33 consecutive payment has been received and cleared.  UCB, LLC guarantees delivery of customer merchandise to above said delivery address no later that 50 days after receipt of 33 consecutive payments.  If UCB, LLC fails to deliver as promised above, customer will received a "revised shipment date in writing" with the "option" to cancel agreement and receive a full refund of all weekly payments made (less) customers initial $99 set up fee.  Customer understands and accepts this Shipping Date Disclosure.

4. PERIODIC BILLING STATEMENT DISCLOSURE: Customer understands the UCB, LLC accounting and billing statements are issued quarterly.

5. CONDITONS UNDER WHICH A FINANCE CHARGE MAY BE IMPOSED: Customer understands that purchase price is fixed at time of this contract.  UCB, LLC does not charge or impose additional interest on purchase price.  UBC, LLC reserves the right to impose “Finance Charges” under the following conditions:

1. Initial Sign Up Fee is $99.00 and is not part of contact sales price, meaning it is a separate, one-time fee to cover cost of account set up, accounting, possible ACH transfer fees, billing statements and postage.  The Initial Sign Up Fee in non-refundable after 7 days.
2. Cancellation Fee is $149.00.  Customer may cancel this agreement at any time and receive a full refund on all payments made towards purchase price (this does not include Initial Sign Up Fee).  Cancellation Fee of $149.00 will be imposed if customer cancels contract on the 8th day after execution of this agreement.
3. Non Sufficient Funds (NSF) Fee is $25.00.  Customer will be charged $25.00 for each payment made in which the funds are not available in customers account, otherwise known as a bounced check/payment
4. Payment Late Fee is $20.00.  Customer will be charged $15.00 for each payment received after schedule due date as per the terms of this contract.
5. Product Return Fee is 15% of contact value.  Once product is delivered, customer may return product within 7 days of receipt.  Product must not have been used and still in unopened box.  Customer understands if product is returned within 7 days, a 15% Return Fee will be imposed.
6. Expedited Payment Fee: You agree to pay $10 each time you request an expedited ACH payment. An expedited payment is defined as an additional payment made by you that must be debited within three business days from the request.
7. Document and Research Fees: If you ask us to provide you with a replica of your sales slip, payment history statement, we may charge you the following fees: (i) Billing statement: $5 per document; (ii) Sales/credit slip document: $5 per document; (iii) Payment instrument: $5 per document; (iv) Research fee:$15 per hour (including payment histories). We reserve the right to change the Document and Research Fee Schedule from time to time. You may call Customer Service for a current fee schedule .

6. CANCELLATION AND REFUND POLICY:  Customer may cancel contract at any time.  All cancellation requests must be made in writing and received by UCB, LLC within 7 days of contract acceptance. If contact is canceled in writing within 7 days, UCB, LLC will honor request with out penalty, but will still forfeit Initial Sign Up Fee of $99.00 .  If written cancellation is received after the 7th day, customer will forfeit Initial Sign Up Fee of $99.00.  In addition a cancellation fee of $149.00 will be imposed.

7. RETURNED MERCHANDISE: Returned merchandise must be in a “new” condition, unopened, and still in its sealed package with a valid manufacturer warranty within 7 days of receipt.  Any product not meeting aforementioned manufacturer specifications are not returnable. If, before the first seven days after delivery of your merchandise, you decide to return or exchange it, a pre-paid restocking fee of 15% of the sales price will be charged to your account.  Returning merchandise does not constitute a termination of this contract.
8. TILA – How We Calculate APR:  Per the Federal Truth In Lending Act, the Annual Percentage Rate is used to calculate the cost of credit to the consumer.  UCB, LLC does not charge interest.  All payments are based upon a fixed purchase price and installment agreement.  Customer understands that while they will not pay interest on their purchase, however, there may be additional financed charges imposed (see Conditions Under Which A Finance Charge Will Be Imposed).  Customer also understands the UCB , LLC as a Value Added Reseller purchases product at varied costs and marks-up products to resell at a profit.  The profit mark-up can range from 30% to 100% above UCB, LLC’s purchase cost depending upon vendor, product, product value, related shipping cost, administrative costs, etc.

9. VENDOR RELATIONSHIP DISCLOSURE: UCB, LLC. is a value added reseller (VAR) and does not manufacture or stock any of it’s merchandise for sale.  The actual product will be ordered and delivered directly to UCB, LLC customer once said customer has fulfilled the terms of agreement as stated in this enclosed agreement. Product vendor may vary.  UCB, LLC may order customers product directly from the manufacturer, or we may order and ship directly from a brick and mortar retailer.  UCB, LLC policy is to search out the best of breed products and will deem which vendor relationships are most suitable to UCB, LLC’s business model on a day to day operational basis.  UCB, LLC herby discloses that vendor relationships will change from time to time, and there is no guarantee we will deliver a specific product model, brand, make, and or manufacturer implied at time of contract. Customer understands and accepts this Vendor Relationship Disclosure.

10. DROP SHIPMENT DISCLOSURE: Customer understands all products will be shipped directly by product vendor to customer.

General Terms, Conditions, & Disclosures:

11. DEFAULT: Subject to the limitations of applicable law, you will be in default under this Agreement upon (a) your failure to make at least the Minimum Payment when due, (b) you violation of any other provision of this Agreement, (c) your death, or (d) your becoming the subject of bankruptcy or insolvency proceedings, (e) your supplying us with misleading, false, incomplete or incorrect information, (f) your becoming incompetent, (g) your payment being returned unpaid by your bank for any reason, (h) this agreement expires before your Account is paid in full.  After default or your death, and subject to the limitations of applicable law, we have the right to (i) terminate your Account, in which case the terms of this Agreement will apply until full payment of the amount owing on you Account is received, (ii) require you to immediately pay your entire Account balance, and all Fees and other charges listed in this Agreement, as well as reasonable attorney’s fees and court costs, and (iii) bring an action to collect all amounts owed. If you are in default you give us permission to draft your checking or savings accounts in any amount at any time until your account balance is paid in full. You understand that we are taking steps to fulfill your order and incurring expenses in reliance on your meeting your obligations hereunder such that, in the event of your default, we will be economically harmed to a degree and in an amount that would be difficult or impossible to determine with complete accuracy. Therefore, upon occurrence of your default as liquidated damages, and not a penalty, and we reserve the right to obtain a credit bureau report on you. Additionally, if your Account is in default, any special promotions, discounts, or rebates initially offered to you can be revoked or their stated value added to your total balance and the shipping of your merchandise will be delayed no less than six (6) weeks for each defaulted payment.

12. CHANGE OF ADDRESS: You agree to notify us if you change your address. Until we receive notice of a new address, we will continue to send notices to the last address you gave for this Account. You agree that when you notify us of a new address, or when we otherwise receive notice of your new address, the terms of this agreement specifically applicable to the residents of your state will apply to the balance of your account after we receive notice of your new address.

13. COMPANY MONITORING PRACTICES: You agree that our supervisory personnel may listen to and record telephone calls between you and our representative in order to evaluate the quality, and improve the level of our services to you and other customers.

14. FORCE MAJEURE and DELAY IN ENFORCEMENT: Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control such as, but not limited to, acts of God, governmental restrictions, power failures, wars, failures of suppliers or subcontractors, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement. As well, we can delay enforcing any of our rights under this Agreement or under applicable law without losing any of these rights or any other rights. Even if we do not enforce our rights at any one time, we may enforce them at a later date.

15. ACCURACY OF INFORMATION AND IDENTITY PROTECTION: All of the information you furnished to us is, to the best of your knowledge, complete and accurate. You agree that we may obtain employment and income records, verify your credit references and we may check any of the information provided on this application from whatever source we choose to verify it. Additionally, upon request, you agree to promptly give us accurate updated financial information about yourself. All customers may be required to provide to our auditing department the following documentation for Identity, Residence and Employment verification purposes only: photocopy of your federally issued social security car; photocopy of a current utility bill; photocopy of a current pay stub in your name; or correct bank statement with positive balance in your name and showing your current address.

16. ASSIGNMENT: We may sell, assign, or transfer all or any portion of your Account or Account balance and your rights under this agreement without prior notice to you. You may not see, assign, or transfer your account.

17. SPECIAL PROMOTIONS:  Any special promotions, free service, rebates or free promotional items (cash or other) included with your purchase are provided contingent upon your Account not going into default. Free promotional items will be delivered upon your balance being paid in full, provided that your Account has not gone into Default status at any time. If the promotional items are shipped prior to your balance being paid in full and your Account goes into Default status, you may be required to pay no less than the listed value in your Sales Order for those promotional items. If your Account is in Default and you still wish to receive the promotional items, they will be added to your balance and delivered when paid in full.

• SEVERABILITY: If any provision of this agreement is determined to finally be void or unenforceable under applicable law, rule, or regulation, all other provisions of this Agreement shall remain valid and enforceable.

• ENTIRE AGREEMENT and ASSIGNMENT. This agreement constitutes the entire agreement between you and us relating to your account and supersedes any other prior or contemporaneous agreement between you and us related to your account. If there is any conflict between these documents, the terms of this agreement control. As well, we may sell, assign, or transfer all or any portion of your account or account balance and your rights under this agreement without prior notice to you. You may not sell, assign, or transfer your account.

• CHANGE OF TERMS: We may change or terminate any terms, conditions, services or features of your Account or this Agreement at any time. We may also add new terms, conditions, services or features to your Account or this Agreement. To the extent required by law, we will notify you in advance of any change in terms or any new terms by mailing a notice to you at your address as shown on our records.

• ADDITIONAL RIGHTS OF OURS: We may agree to extend the due date of any payment due under this Agreement for any length of time, release any Security Interest we have in connection with this Agreement, or release In whole or In part any other person responsible under this Agreement without notifying you and without releasing you in whole or in part from your obligation to pay all amounts owed under this Agreement or to otherwise perform the terms and conditions of this Agreement.

• CERTAIN WAIVERS: You waive the right of “Presentment”: and “Notice of Dishonor.” “Presentment” means the right to require us to demand payment of amount due under this Agreement. “Notice of Dishonor” means the right to require us to give notice to the persons that amounts due under this Agreement have not been paid. You also waive demand for payment, protest, notice of protest, and all other notices and demands, to the fullest extent permitted by applicable law.

• CHOICE OF LAW & VENUE: This Agreement shall be deemed to have been made and executed in the state of California. California law, without regard to choice of law, governs the interpretation, validity and enforcement of this Agreement. The venue for any action, dispute or proceeding with respect to this Agreement shall be Orange, California.

• AGREEMENT TO ARBITRATE DISPUTES: By signing the Sales Order or this Agreement and to induce us, UCB, LLC, to process and consider your layaway purchase, you and we agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees, that arise out of your layaway purchase, the Agreement that you must sign to obtain the layaway purchase, this agreement to arbitrate disputes, collection of the layaway purchase, or alleging fraud or misrepresentation, whether under the common law or pursuant to federal or state statute or regulation, or otherwise, shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum (“NAF”) in effect at the time the claim is filed. This agreement to arbitrate disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, or at National Arbitration Forum, P.O. Box 50191, Minneapolis, Minnesota 55405. If you are unable to pay the costs of arbitration, your arbitration fees will be waived by the NAF. Any arbitration hearing, if one is held, will take place at a location near your residence. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered by any party in any court having jurisdiction. This Agreement To Arbitrate Disputes is an independent agreement and shall survive the closing and repayment of the layaway purchase for which YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE AND JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.

• AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs we incur in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive the closing and repayment of the layaway purchase for which you have established.

AUTHORIZED  ELECTRONIC FUNDS TRANSFER  PAYMENTS: You hereby authorize us, or our agents, to process debit charges to your financial institution on or after date set by you in a range of amounts equal to the minimum payment set forth in Paragraph 2 “PAYMENT SCHEDULE/MINIMUM PAMENT DUE” plus any fees incurred under Paragraph 5 “CONDITONS UNDER WHICH A FINANCE CHARGE MAY BE IMPOSED” my/our Checking account indicated below at the depository financial institution named above and to debit the same to such account and continuing thereafter as set forth in Paragraph 2 until your account is paid in full. We require a minimum of five (5) business days to make any changes to your automatic debit. You agree that your bank statement will serve as your receipt for each payment drafted. You understand that no payment to us will be deemed to have been made unless, and until, UCB, LLC  receives actual credit, and payment is posted to your account. You understand that if corrections of any entries are necessary, it may involve an adjustment to your account. UCB, LLC, reserves the right to refuse or terminate electronic payment services at any time, for any reason. I/we acknowledge that the origination of ACH transactions to my/our account must comply with the provisions of U.S. law. This authorization is to remain in full force and effect until we have received at least 30 days written notification from you of its termination in such time and in such manner as to afford us and depository a reasonable opportunity to act on it.

UBC, LLC YouCanBuy.net - “Statement of Billing Rights”
How to Notify Us In Case Of Errors or Questions about Your Billing Statement.     
         
If you think there is an error on your statement, or if you want more information about a transaction on your billing statement, write to us as soon as possible at the address on your billing statement. We must hear from you no later than sixty (60) days after we sent you the first billing statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
 
In your letter, give us the following information;

• Your name and Account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.

Your Rights And Our Responsibilities After We Receive Your Written Notice. 
We must acknowledge your letter within thirty (30) days, unless the error has been corrected. Within ninety (90) days, we must either correct the error or explain why we believe the statement is correct.
After receiving your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount in question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any portion of the amount in question while we are investigating, but you are obligated to pay the parts of your billing statement that are not in question.
If we find that we made a mistake on your billing statement, you will not be required to pay any finance charges related to any of the amount in question. If we are not in error, you may have to pay finance charges, and you will have to make up any missed payments on the amount in question. In either case, we will send you a statement of the amount owed and the date it is due.
If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement, and we must tell you the name of anyone we reported you to. When the matter is settled, we must tell anyone we report you to that the matter has been settled.

If we don't follow these rules, we cannot collect the first $50.00 of the amount in question, even if your bill was correct.