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Acceptance and Payment Terms and Conditions Arvato Finance International B.V. trading under the name Riverty

These terms and conditions apply to your visit to this website, your application, and its assessment and after your application has been approved to the post-pay service Riverty.

1. Assessment of application

You have placed an order and have chosen to pay via the Riverty service from Arvato Finance International BV, which operates under the trade name Riverty (hereinafter "Riverty"). This choice does not immediately result in an agreement with the retailer that you can pay via Riverty. The retailer and Riverty explicitly reserve the right to reject your application without giving reasons for doing so. This depends on the result of the review of your data.

The result of the review will be displayed for you directly online, indicating whether or not your request is (conditionally) accepted. This conditional approval is, in principle, only the result of a data check by us. Optionally and if possible, you may receive a statement of reasons. You can also contact Riverty customer service after one working day.

Riverty, may, within one business day after initial conditional acceptance of your application to pay with Riverty, turn this into a refusal to honor your application, and thereby refuse you making use of a payment with Riverty. The conditional acceptance depends on the fact that, for the time being, the approval is only the result of a limited data control.

Every retailer is entitled to review you as a consumer when entering into a purchase agreement (placing an order). For this, the retailer makes use of Riverty, if you choose to pay with Riverty. For this, the following information is required:

  1. The name, address and contact information. This address may not be a PO Box and your address has to be in Belgium;
  2. The registration number in the Chamber of Commerce's commercial register if you buy via your company;
  3. If you wish to pay as a company, we also ask you to provide the name of the sole proprietor's owner or the names of companies or partners which legally represent the company in the application;
  4. The bank account number with which you will pay Riverty (only by direct debit).

In order to pay with Riverty, you must fulfill the following conditions:

  1. You have an invoice address and a delivery address in Belgium. This address may not be a PO Box;
  2. You have not been declared bankrupt, or are not in moratorium of payments, or on the other hand, been placed in receivership or under forced management and no application had been submitted for such purpose. Nor are you in a situation where you have ceased to pay your debts in a timely manner.
  3. You have decision-making power or you are represented by a person who you can legally represent you and is authorized to act on your behalf.
  4. The value of the order is not lower or higher than the amount the retailer allows you to post-pay.
  5. Providing your information, in order to make use of the Riverty payment solution, is necessary for the execution of the agreement and your choice to pay with Riverty. Riverty and the online-retailer process your data for the execution of your agreement.
  6. You declare by means of this application to pay with Riverty the payment obligations arising from your order will be fully fulfilled, in a timely manner by paying to Riverty.

2. Payment method

Your choice to pay with Riverty, upon acceptance of your request / application, will entail the rights to the amount which you owe due to the order you have placed being transferred by the retailer to Riverty. This means that after Riverty's acceptance, you can only pay Riverty. Riverty, will send you an invoice containing the amount due, separately from the delivery of the order. This is usually a digital invoice. If you pay someone other than Riverty, your payment obligation to Riverty remains. In such as case, you should then pay (again), this time Riverty.

Riverty reserves the right - in so far as it is legally permitted - not refund any costs of payment and / or other costs in case of return of your order.

If you choose Riverty combined with direct debit, Riverty explicitly authorizes the automatic collection of (delivery) costs on your bank account number and you have freely paid as soon as the direct debit is successfully completed and the reversal period has expired. Riverty hereby takes account of all applicable regulations.

Riverty is authorized to exercise the same rights against you as the retailer may / could exercise on the basis of the order.

Riverty is, at all times, unilaterally entitled to transfer the claim on you to a third party.

3. Cost of payment orders

Any (bank) processing costs of applicant's payment order(s) are for your account and at your risk. 

You must ensure there is a sufficient balance on the account number which you have specified. Riverty may charge you costs (increase) for being unable to collect the amount due from your account. You can avoid this by paying on time. If Riverty fails to in debt collection, even after you are in default, the claim will be handed over and higher costs will be charged (extrajudicial collection fee).

You can legally revoke the debt collection order until one day before the debt collection transaction. In that case, Article 6.1. is applicable and Riverty may also charge costs in addition to the provisions of Article 6.

4. Payment period

Your payment must be received by Riverty within 14 days after the invoice date, unless a different term has been agreed with you in writing.

5. Change of address

You are required to notify Riverty of any change to your email address or phone number. As long as Riverty has not received a change, you will be deemed to be available at Riverty's known contact information. Changes must be communicated to Riverty's customer service. A change can be sent by post to PO Box 434, 8440 AK Heerenveen FAO: Riverty, by email to klantenservice@afterpay.be or by telephone at 020-7230 270. For a telephone call with Riverty, you only pay the normal costs of your telephone service provider. 

6. Default

If you do not pay within the period specified in Article 4, the amount owed is immediately claimable and you are in default, without further notice.

If, you have not paid within 14 days of the invoice date, Riverty will send you a free email reminder to indicate the exceeding of the payment period. If you do not act on this reminder, Riverty will send a reminder in which the amount owed is increased with costs due to debt collection. If you do not act on this reminder, Riverty will send you a demand (last reminder) by post, whereby the costs are increased again. The total extrajudicial collection costs are stated on the last reminder. 

From the date you are in default, Riverty is entitled to calculate the statutory interest rate per month on the amount owed to you, as well as your administration fees pursuant to the Debt Collection Fees Act owed in relation to the payment reminders sent by Riverty and Riverty will charge you all reasonable costs, both judicial and extra-judicial to obtain satisfaction. Riverty is eligible for direct debit or one-time authorization, entitled to deduct the total amount due including cost and interest by direct debit or one-time authorization of your bank account.

If any costs are incurred due to shortcomings attributable to you (default), then the costs incurred in the meantime will first be deducted from any payments made by you. Only after the outstanding incurred costs have been fully paid can the amount originally owed be deducted from the payment you have made.

7. Protection of personal data of natural persons and use of data

Riverty respects everyone's privacy and shall ensure that information relating to natural persons is treated confidentially. Riverty processes personal data to confirm your identity, to verify that you can pay later, for administrative reasons, to prevent fraud, to carry out a risk assessment, to prevent money laundering and to fulfil legal obligations. Personal data is information that can be directly or indirectly traced back to you. Below are examples of the types of personal data that Riverty is permitted to process:

  1. Contact information: name, address, date of birth, email address, telephone number.
  2. Payment information: billing details, account number
  3. Financial information: negative payment history, WSNP (Debt Rescheduling (Natural Persons) Act) report
  4. Information about goods/services: details about your order
  5. Historical information: your order history with Riverty

We reuse the data that you have previously provided us with and share this information with a credit reference agency and anti-money laundering screening companies to assess your credit worthiness, assess risks and to confirm your identity before you can use Riverty.

Once you have used the Riverty services for the first time, information about you may be stored, for example, for administrative reasons. Riverty uses this information wherever possible in order to confirm your identity and to simplify the use of Riverty. Riverty uses electronic communication (email, text message) to get in contact with you. You reserve the right to inspect, correct and delete the personal data that Riverty has about you. These requests can be sent to privacy@afterpay.be.

Your personal data may be supplied to the web store where you ordered (for administrative reasons) and authorities or other public bodies where Riverty is required to do so. Riverty may also share your personal data with other companies within the Arvato Financial Solutions Group. Ultimately, Riverty is responsible for processing your personal data and refers to its privacy statement for a full description of the processing of personal data by Riverty. By agreeing to these terms and conditions, you agree to this privacy statement.

8. Cookies

Riverty uses cookies on its website. Cookies are small files that are temporarily placed on your hard drive and used to collect information about the use of the Riverty website. This makes it possible to automatically recognize your computer with subsequent visits to the Riverty website. Depending on your settings, your internet browser can automatically accept cookies. You can change your browser settings at any time and also use the Riverty website without cookies.  

 9. Liability

Riverty can only be held liable for damage which is attributed to its gross negligence, or has arisen as a result of circumstances that are at its risk on the basis of mandatory rules of law. Riverty is never liable for consequential damage, business damage, indirect damage, loss of profit or loss of revenue.

If Riverty, for whatever reason, is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value of the product or service which caused the damage.

10. Applicable law and competent court

The provision of Riverty services and all contracts concluded by Riverty are governed by Dutch law. Disputes shall be submitted to the competent court in the north of the Netherlands unless the law specifically stipulates another judge as competent.

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