Version 2.1, applicable as of August 14th, 2023.
Riverty Invoice allows you to pay your order in our shop by invoice (“Riverty Invoice”).
We as the merchant (hereinafter the “Merchant”) offer you Riverty Invoice in our shop in cooperation with a third party service provider, Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (“Riverty”, for more information see https://www.riverty.com/en/imprint/). To be able to pay with Riverty Invoice, you must have an invoice and delivery address in Belgium. This address may not be a PO Box. Further you must be at least 18 years old.
If you select to pay your order with Riverty Invoice, this means that:
Please note that these terms and conditions apply once you select to pay via Riverty In-voice in the Merchant’s shop and constitute rights and obligations applicable between you and the Merchant (and between you and the Merchant’s service provider Riverty, follow-ing the Transfer of Claim to Riverty). These terms and conditions become an integrated part of the agreement concluded between you and the Merchant regarding the Underlying Transaction.
For the avoidance of doubt, these terms and conditions shall also apply if your order with the Merchant has been made by telephone.
1.1 Upon your selection to pay with Riverty Invoice, the Merchant will initiate an as-sessment whether this payment method is available for your order. For this pur-pose, Riverty will perform a credit and address check (as set out in the Riverty Pri-vacy Policy: https://documents.riverty.com/privacy_statement/checkout/be_en).
1.2 If Riverty Invoice is available for your order, the Merchant will confirm it to you upon completion of your order in the shop. If you are not able to pay by Riverty In-voice, you may choose another payment option available in the checkout.
1.3 Notice of Transfer of Claim: Formation of a binding agreement between you and the Merchant regarding your order and the use by you of Riverty Invoice will automatically result in the Merchant transferring and assigning to Ri-verty any and all existing and future claims for amounts (including the price) payable by you pursuant to that agreement. Due to this Transfer of Claim, you will receive an (initial) Invoice from Riverty setting forth the amount(s) due, usually digitally via e-mail (or via regular mail where no e-mail address is available) and separately from the Merchant’s performance of your order.
1.4 Following the Transfer of Claim, all your payments for Riverty invoice relating to your order have to be made by the date(s) indicated on the (according) Invoice at the latest to Riverty. Furthermore, Riverty is entitled to exercise the same rights against you with respect to payment as the Merchant could exercise against you in accordance with the agreement concluded between you and the Merchant.
1.5 In the event you pay someone else than Riverty following the Transfer of Claim (including the Merchant), your payment obligation to Riverty remains. In such a case, you must pay again, this time to Riverty.
1.6 Any claim against you regarding your order can, at all times, unilaterally be trans-ferred by Riverty to a third party, including a debt collection agency in case of payment default.
If you choose Riverty Invoice as payment method, your (respective) payment must be made to Riverty by the date(s) indicated on the (according) Invoice at the latest. The bank account and all required details will be set out in the (according) Invoice submit-ted to you by Riverty.
3.1 If you do not pay within the period referred to in Section 2 above, you are automat-ically (immediately and by operation of law) in default of payment without the need for prior notice. The amount that you owe Riverty in respect of the Transfer of Claim is immediately due and payable.
3.2 On the date on which you are in default of payment pursuant to Section 3.1, or very shortly thereafter, we will send you a formal notice that takes the form of a first reminder. If, after expiry of a period of 14 calendar days starting on the third working day after the reminder has been sent to you by regular mail or 14 days fol-lowing the day on which the reminder was sent to you by e-mail, you still have not paid the debt, Section 3.3 shall apply.
3.3 From the date on which you are in default of payment pursuant to Section 3.2, the following items may be charged to you without prior notice: (i) the statutory inter-est on the amount due calculated from the due date until the date of full payment, as well as (ii) a reminder fee of EUR 5 per reminder as of the second payment re-minder sent to you.
3.4 If your debt remains unpaid after the period of 14 days mentioned in Section 3.2 has expired, we will send you a formal notice letter, in which we will claim pay-ment of the interests and compensation stipulated in Section 3.3. If, after expiry of another period of 14 calendar days starting on the third working day after the no-tice letter has been sent to you by regular mail or by e-mail, you still have not paid the debt, we will be able to take any further collection measures and steps as we deem necessary.
3.5 Payments made by you will first of all be deducted from the amount originally owed by you and will only be deducted from any compensations owed as a result of the payment default after full payment thereof.
3.6 If a repayment obligation arises that is not paid within the agreed terms, we are in default of payment. In that case, you have the right to send a payment reminder and to claim the same interest and reminder fees as mentioned above in Section 3.3.
3.7 If the claim is transferred to an debt collection agency for collection, immediately and without prior notice of default, (i) the statutory interest on the amount owed from the due date until the date of full payment as well as (ii) a fixed compensation in accordance with the table below will be charged.
| Step of the principal amount of the claim | Lump-sum administrative costs applicable per bracket |
|---|---|
| Up to EUR 150 | EUR 20 |
| EUR 150,01 to EUR 5.00 | EUR 30 plus 10% of the difference between the due amount and 150 EUR |
| EUR 5,00.01 to EUR 10.000 | EUR 65 plus 5% of the difference between the due amount and 500 EUR, with a maxi-mum of 2.000 EUR |
For the sake of clarity, in the event of payment default, the total compensation charged to you for payment reminders in accordance with Section 3.3 will be deducted from the flat-rate compensation in accordance with this Section 3.6. This means that you will not be charged with higher costs than the flat-rate compensa-tion as shown in the table above in case of a payment default.
3.8 The collection procedure is carried out under the responsibility of the external collection agency. Riverty cannot be held liable for the actions of the external collec-tion agency and the possible consequences thereof, except in the case of intent or gross negligence on the part of the collection agency and / or Riverty
3.9 If, in the case of Section 3.5 above, a payment obligation to you remains outstand-ing after you have sent a payment reminder and have set a reasonable payment deadline, you are entitled to the same interest and compensation as stated above in Section 3.6.