Terms and Conditions for Riverty Invoice
Version [1.0], applicable as of 24.11.2022.
What is Riverty Invoice?
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 Str. 123, DE-33415 Verl, Germany ("Riverty", for more information see https://www.riverty.de/contact/). To be able to pay with Riverty Invoice, you have to be at least 18 years old.
If you select to pay your order with Riverty Invoice, this means that:
Riverty will perform a credit and address check (see Section 1.1 below) to decide whether this payment solution is available for your order;
If Riverty Invoice is available, it will be confirmed to you upon completion of your order in the shop;
Once a binding agreement has been formed between you and the Merchant regarding your order ("Underlying Transaction"), the Merchant will transfer the claim for the payment price arising from your order in the Merchant's shop to Riverty ("Transfer of Claim");
Due to the Transfer of Claim, you will receive an invoice or payment instruction (each an "Invoice") from Riverty for your orders by e-mail (or by regular mail in case no e-mail address is available);
Your payment has to be made [within 14 days after the Invoice date] to an account of Riverty as indicated on the Invoice; and
Riverty is only involved in the payment process and therefore the Merchant remains responsible for all aspects related to the Underlying Transaction, especially the performance and quality of your order.
Scope of these Terms and Conditions
Please note that these terms and conditions apply once you select to pay via Riverty Invoice 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 Invoice and Notice of Transfer of Claim
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 Invoice, 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 Following the Transfer of Claim, your payment has to be made 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.
1.5 In the event you pay someone else than Riverty following the Transfer of Claim, your payment obligation to Riverty remains. In such a case, you should then pay (again), this time to Riverty.
1.6 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.
Your payment must be made to Riverty [within 14 days after the Invoice date]. The bank account and all required details will be set out in the Invoice submitted to you by Riverty.
3. Payment Default
3.1 If you do not pay within the period specified in Section 2 above, you are automatically (immediately and by operation of law) in payment default without any prior notice being required. The amount owed by you to Riverty due to the Transfer of Claim is immediately claimable.
3.2 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) -- depending on your location -- the following reminder fee per reminder (but not more than three reminders in total):
|Location of customer
||Fee per reminder
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.
3.3 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.