Kmart
Kmart Smart Plan


Kmart Smart Jewelry Care Plan

The Kmart Smart Jewelry Care Plan (herein after referred to as the “Plan” or “Agreement”) is a legal contract that describes the terms and conditions of the Plan that you have purchased. Please retain this document along with your receipt as proof of ownership. Your receipt is an integral part of this contract and indicates the length of coverage and the type of Plan that you purchased and should be kept with this Plan brochure.

This is not a contract of insurance.

Obligations under the Plan are backed by the full faith and credit of the Obligor. See section 10 for Obligor.

The term “Plan” or “Agreement” refers to the Kmart Smart Jewelry Care Replacement Plan or Service Plan. The term “Covered Product” refers to the product that the Plan was purchased to cover. The terms “you” and “your” refer to the purchaser of this Agreement. The terms “we”, “us” and “our” refer to the Obligor.

Certain limitations apply. See Sections 5 for coverage exclusions. Also, please refer to the state specific section at the end of this agreement as the laws of your state may provide you with additional rights.

The terms and conditions of the Kmart Smart Jewelry Care Plan are the same for both the Replacement and Service Plans except for the Coverage section. Each plan has its own distinct coverage as indicated in section 2 below. Your sales receipt indicates which Plan you purchased.

  1. DEDUCTIBLE: There is no deductible for services covered under either Plan.

  2. COVERAGE:

    REPLACEMENT PLAN: This Plan provides reimbursement for the Covered Product that becomes damaged due to defects in materials and/or workmanship or due to normal wear and tear. At our option, we will issue a gift card or a check equal to the original Covered Product purchase price as indicated on your sales receipt, including a sales tax allowance. Once we have issued a gift card or check for the Covered Product, we will have fulfilled all obligations owed under the Plan and coverage will end.

    SERVICE PLAN: This Plan provides repair service for the Covered Product that becomes damaged due to defects in materials and/or workmanship or normal wear and tear. We will either provide for the repair of your Covered Product or reimburse you for authorized repairs. For watches: Where the breakdown is limited to a watchband or strap, we may elect to replace either the complete watch or the band, at our discretion. Repair service will be performed by a qualified service provider, designated by us. If we determine that we cannot repair your Covered Product, we may, at our option, issue you a gift card or a check equal to the original purchase price of the Covered Product as indicated on your sales receipt, including a sales tax allowance. Any service performed, modification or alteration of the Covered Product without our authorization will not be covered by the Plan. In the event that the total of all authorized repair services for the Covered Product exceeds the original purchase price paid for the Covered Product we will have fulfilled all obligations owed under the Plan and coverage will end.

  3. LENGTH OF COVERAGE:Plan coverage begins on the first (1st) day after the expiration of the Kmart Store Return Policy period and is effective for a period of one (1) or two (2) years as indicated on your sales receipt.

  4. TO OBTAIN SERVICE OR REPLACEMENT:If your Covered Product becomes damaged during the Kmart Store Return Policy period, return it to Kmart for an even exchange. If your Covered Product becomes damaged after the expiration of the Kmart Store Return Policy period, go to www.ksmartplan.com or call 1-855-44-Kmart (1-855-445-6278) to file a claim.

  5. COVERAGE EXCLUSIONS - THE PLAN DOES NOT COVER:
    1. Products located outside the United States, Puerto Rico, Guam or U.S. Virgin Islands.
    2. Unauthorized repairs, alterations or modifications.
    3. Tampering with prongs, bezels or other elements designed to secure diamonds or gemstones.
    4. Accessories added to the Covered Product after initial purchase.
    5. Preventive maintenance or periodic check-ups.
    6. Inherent product defects, flaws in diamonds and gemstones.
    7. Loss of center stones.
    8. Abuse or misuse.
    9. Watch batteries
    10. Water damage if used under conditions which exceed the watch manufacturer’s water resistance guidelines.

  6. CANCELLATION AND REFUND: The Plan can be cancelled by you for any reason. To cancel your Plan please bring your original receipt to any Kmart store or call 1-855-44-Kmart (1-855-445-6278). You may also cancel the Plan by providing written notice to the retailer at the address where you purchased the Plan (as printed on your sales receipt). Please enclose a copy of the sales receipt with your written request. We will refund the total price you paid for the Plan including a sales tax allowance for cancellations made within thirty (30) days. If the Plan is cancelled after thirty (30) days, we will refund the total price allocable to the remainder of the term prorated on a monthly basis. The Plan may be cancelled by us for fraud or material misrepresentation. Unauthorized repair or replacement of the Covered Product may result in the cancellation of the Plan by us. Service Plan: If service was provided on the Covered Product prior to your request for cancellation, we will deduct the cost of services from your refund. Any refund will be made in the same form as the original method of payment. If more than one payment method was used, any refund will be applied in the following order: Shop Your Way Reward® Points, Sears gift card, Sears credit card, third-party credit card, and cash/check. AT NO TIME WILL THE AMOUNT OF A REFUND EXCEED THE VALUE OF THE TOTAL PRICE PAID FOR THIS AGREEMENT.

  7. TRANSFERABILITY. Your Plan may be transferred to a subsequent owner of the Covered Product at no additional charge. There are no restrictions provided your Plan is valid. To transfer, call 1-855-44-Kmart (1-855-445-6278). Information provided by you must include the date of transfer, new owner’s name, complete address and telephone number.

  8. RENEWAL:The Kmart Smart Jewelry Care Plans are not renewable.

  9. LIMITATION OF LIABILITY: EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW, WE AND OUR AGENTS, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOSS OF USE OF COVERED PRODUCT, DELAYS IN SERVICING, AVAILABILITY OF PRODUCT INCLUDING PARTS OR THE INABILITY TO SERVICE ANY COVERED PRODUCT. THE OBLIGATIONS OF THE OBLIGOR UNDER THIS AGREEMENT TO YOU FOR MONETARY RECOVERY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE COVERED PRODUCT UNDER THIS AGREEMENT.

  10. OBLIGOR: The Company obligated under the Plan is Sears Protection Company (“SPC”) whose address is 3333 Beverly Road, Hoffman Estates, IL 60179, in all states except Florida and Puerto Rico. In the state of Florida, the Obligor is Sears Protection Company (Florida), L.L.C. whose address is 3333 Beverly Road, Hoffman Estates, IL 60179 and in Puerto Rico the Provider is Sears Protection Company (PR), Inc. whose address is 9410 Los Romeros Avenue, San Juan, PR 00925.

  11. STATE SPECIFIC EXCEPTIONS

    ALABAMA CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.

    ARKANSAS CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the “Cancellation and Refunds” provision above, Arkansas residents will receive fifteen (15) days prior written notice of cancellation for reasons other than for nonpayment, material misrepresentation or substantial breach of duties. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.

    CALIFORNIA CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.

    FLORIDA CUSTOMERS. Rates are not subject to regulation by the Office of Insurance Regulation.

    GEORGIA CUSTOMERS. Notwithstanding the CANCELLATION AND REFUND section, we will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amounts due under this Agreement. We will mail to you a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Obligor will not provide services under this Agreement if poor accessibility or unsafe working conditions exist, but these conditions are not grounds for cancellation. Refunds made within thirty (30) days will be for 100% of the total price paid, with no deductions for service. Refunds made after thirty (30) days will be a pro-rata refund with no deductions for service. Nothing contained in any provision elsewhere in this Agreement will affect your right to make a claim directly against Safeco Insurance Company of America if we fail to pay any valid claim within sixty (60) days. The claim should be sent to Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185 or (847) 490-2320.

    INDIANA AND WEST VIRGINIA CUSTOMERS. This Agreement is not an insurance policy and is not regulated by the Departments of Insurance.

    IOWA CUSTOMERS. Obligor is subject to regulation by the insurance division of the Iowa Department of Commerce. Complaints that are not settled by us may be sent to the insurance division

    KENTUCKY AND VIRGINIA CUSTOMERS. If we fail to pay any valid claim within sixty (60) days of proof of loss, you may make a claim directly against Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185.

    MINNESOTA CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the "Cancellation and Refund" provision above, Minnesota residents will receive five (5) days prior written notice of cancellation if for reason of nonpayment, material misrepresentation or substantial breach of duties, or at least fifteen (15) days for all other reasons. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.

    NEVADA CUSTOMERS. The cancellation of this Agreement by us is not effective until at least fifteen (15) days after the notice of cancellation is mailed to you. A 10% penalty per month shall be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. Refunds made within thirty (30) days will be for 100% of the total price paid, with no deductions for service. Refunds made after thirty (30) days will be a pro-rata refund with no deductions for service. Unauthorized repairs or replacement of the Covered Product are not covered by this Plan, but is not a condition for cancellation. Pre-existing conditions are not covered under these Plans.

    NEW HAMPSHIRE CUSTOMERS. In the event that you do not receive satisfaction under this Agreement, you may contact the New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301; telephone 1-800-852-3416; e-mail consumerinquiries@ins.nh.gov .

    NEW MEXICO CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.

    NEW YORK CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.

    NORTH CAROLINA CUSTOMERS. Upon cancellation a reasonable administrative fee not to exceed 10% of the pro rata refund may be charged. Obligor must notify the consumer before the purchase of this Agreement that its purchase is not necessary in order to purchase or obtain financing of the Covered Product.

    SOUTH CAROLINA CUSTOMERS. Any questions concerning the regulation of us under this Agreement or any unresolved complaints (within sixty (60) days of proof of loss) may be directed to the South Carolina Department of Insurance – P.O. Box 100105 Columbia, South Carolina 29202-3105 or (800) 758-3467. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days after the cancellation of the Agreement to the provider.

    TEXAS CUSTOMERS. Any questions concerning the regulation of us under this Agreement or any unresolved complaints may be directed to the Texas Department of Licensing and Regulations - P.O. Box 12157 Austin, Texas 78711 or (512) 463-6599.

    UTAH CUSTOMERS. Coverage under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. In the event of cancellation of this Agreement by Obligor in accordance with the "Cancellation and Refund" provisions above, Utah residents will receive thirty (30) day prior written notice of cancellation.

    WASHINGTON CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the “Cancellation and Refund” provision above, Washington residents will receive twenty-one (21) days prior written notice of cancellation for reasons other than for nonpayment, material misrepresentation or substantial breach of duties. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.

    WISCONSIN CUSTOMER. If we fail to pay any valid claim within sixty (60) days, you may make a claim directly against Virginia Surety Company, Inc. 1000 North Milwaukee Avenue, Glenview, Illinois 60025. THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE WISCONSIN COMMISSIONER OF INSURANCE. Wisconsin law may provide you with additional rights including those in Wis. Stat. § 631.81(1) which provides: Timeliness of Notice. Provided notice or proof of loss is furnished as soon as reasonably possible and within one year after the time it was required by the policy, failure to furnish such notice or proof within the time required by the policy does not invalidate or reduce a claim unless the insurer is prejudiced thereby and it was reasonably possible to meet the time limit. Notwithstanding the Cancellation section above, this Plan will not deduct from your refund the cost of services provided.

    WYOMING CUSTOMERS. We will mail a written notice to the service contract holder at least ten (10) days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider or a substantial breach of duties by the service contract holder relating to the covered product or its use. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.



Sears Protection Company, Obligor, 3333 Beverly Road, Hoffman Estates, IL 60179
Sears Protection Company (Florida), L.L.C, Obligor, 3333 Beverly Road, Hoffman Estates, IL 60179.
Sears Protection Company (PR), Inc. 9410 Los Romeros Avenue, San Juan, PR 00925.