Terms and Conditions

Terms and Conditions for Riverty Direct Debit

Version [1.0], applicable as of 24.11. 2022.

What is Riverty Direct Debit?

Riverty Direct Debit allows you to pay your order in our shop by SEPA direct debit ("Riverty Direct Debit").

We as the merchant (hereinafter the "Merchant") offer you Riverty Direct Debit in our shop in cooperation with a third party service provider, Riverty GmbH, G├╝tersloher Str. 123, DE-33415 Verl, Germany ("Riverty", for more information see https://www.riverty.de/contact/). To be able to pay with Riverty Direct Debit, you have to be at least 18 years old.

If you select to pay for your order with Riverty Direct Debit, it means that:

Scope of these Terms and Conditions

Please note that these terms and conditions apply once you select to pay via Riverty Direct Debit 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, following 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. Operation of Riverty Direct Debit and Notice of Transfer of Claim

1.1 Upon your selection to pay with Riverty Direct Debit, the Merchant will assess whether this payment solution is available for your order. For this purpose, Riverty will perform a credit and address check (as set out in the Riverty Privacy Policy: https://documents.riverty.com/privacy_statement/checkout/de_en/).

1.2 If Riverty Direct Debit 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 Direct Debit, you may choose another payment option available in the checkout.

1.3 Notice of Transfer of Claim: Once a binding agreement has been formed between you and the Merchant regarding your order, the Merchant will transfer and assign the claim for the payment price arising from the agreement with you to Riverty. Due to this Transfer of Claim, you will receive an Invoice from Riverty setting forth the amount 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 The claim against you can, at all times, unilaterally be transferred by Riverty to a third party, including a debt collection agency in case of payment default.

2. Payment

2.1 The amount listed on the Invoice is due for payment upon receipt of the Invoice, but not before the deadline for advance information. Advance information ("Pre-Notification") means any notification (e.g. on the Invoice) to you announcing a debit by SEPA direct debit. The deadline for advance information is agreed to be seven days after receipt of the Invoice. The direct debit will be collected when due from the account that you have specified in the SEPA direct debit mandate to Riverty. Further, 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.

2.2 To make your payment via Riverty Direct Debit, you will authorise (i) Riverty by way of a SEPA Mandate to send instructions to your bank to debit your account and (ii) your bank to debit your account in accordance with the instructions from Riverty on the due date. At the same time, you will also confirm to the Merchant and Riverty that you are authorised to dispose over that account and that the account has sufficient funds.

2.3 On the due date, Riverty will collect the outstanding amount from your account in accordance with the information provided. Under the terms and conditions of your agreement with your bank you can request a refund of the debited amount from your bank within eight weeks from the date on which your account was debited.

3. Payment Default

3.1 In the event of an unjustified refund claimed by you from your bank with regard to a debited amount or in the event of a reversal of a direct debit (e.g. because your account did not have sufficient funds or has expired) the claim for the order price remains outstanding and you will automatically be in payment default without any further notice being required.

3.2 Please note that the reversal of a direct debit is causing considerable efforts on Riverty's or the Merchant's side. You acknowledge and accept to compensate Riverty or the Merchant by way of a reversed direct debit fee in the amount of 4.50 EUR for each reversed direct debit. You have the right to prove that no damage was caused to the Merchant or Riverty by the respective reversed direct debit or that the damage is significantly lower than the reversed direct debit fee. The Merchant and Riverty reserve the right to prove that greater damage has been caused by the reversed direct debit.

3.3 From the date you are in payment default pursuant to Section 3.1, you can be charged without any prior notice being required (i) the statutory interest rate on the amount you owe from the due date until the date of full payment, as well as (ii) a reminder fee in the amount of 2.40 EUR per reminder (but no more than three reminders in total). You have the right to prove that no damage was caused to the Merchant or Riverty by the respective reminder or that the damage is significantly lower than the reminder fee. The Merchant and Riverty reserve the right to prove that greater damage has been caused by processing the respective reminder. If the outstanding claim is handed over to a debt collection agency, additional costs will arise.

3.4 Any payments made by you to Riverty will first be allocated to the amount originally owed by you and only after such amount has been fully paid will be allocated to any costs owed by you due to your payment default.

4. Return of your order / withdrawal from your agreement with the Merchant

In the event you (if legally applicable) (i) return your order or (ii) withdraw from your agreement with the Merchant, please do not initiate a direct debit reversal to avoid unnecessary costs. Please inform the Merchant and Riverty accordingly and the corresponding amount will be transferred back or credited to you without undue delay.