Version 2.1, 18.12.2023.
These are the General Terms and Conditions (hereinafter: "GTC") for Riverty Sweden AB, corporate ID no. 556495-1704. E-mail address for customer service: customercare@riverty.com. Telephone number: +46 340-59 61 01.
The GTC form a binding basis for the use of the MyRiverty portal ("Portal") and your MyRiverty customer account ("Customer Account"). They only apply to Riverty Customer Accounts for customers with a registered address in Sweden.
The Portal is only available in the Swedish language and can only be used by Riverty invoice recipients. "Invoice recipient" within the meaning of these GTC is any natural person of legal age who has selected Riverty as the payment method for an order in a merchant's webshop and has therefore received one or more invoices from Riverty.
By agreeing to these GTC, a contract on the use of the Portal and your customer account is concluded between you and Riverty under the following conditions ("User Agreement"). These GTC shall also apply to future versions of the Portal provided that these new versions do not contain any changes to the terms and conditions/ GTC.
Please note that you must be at least 18 years old and have full legal capacity as well as a compatible device in order to open a Customer Account for the use of the Portal.
Please note that these GTC are only applicable for the use of the Portal and Customer Account ant that additional terms and conditions apply to the payment method you choose if you decide to pay with one of the payment methods we offer.
2.1. To use the Portal, you must open a Customer Account. To do so, you register on the website. Please note that you must use the same email address for registration that you used to place your order in the webshop in which you selected Riverty as the payment method. After you have clicked on "Register", you will receive an email from us in which you are asked to confirm your registration by clicking on the link contained therein.
2.2. With your agreement to these GTC when requesting the login link, but at the latest when using the app, the User Agreement between you and Riverty comes into effect.
3.1. Riverty hereby grants you the free, revocable, non-exclusive, non-transferable, non-sublicensable and time-limited right to use your Customer Account, the Portal and the content of any kind contained therein, e.g. data, software, text, images, etc. ("Content"). This granting of the right of use by Riverty to you shall only apply in accordance with these GTC and can be revoked informally by Riverty at any time.
3.2. Any improper use of the Portal and your Customer Account is prohibited. In particular, you undertake not to carry out any illegal or punishable acts using your Customer Account and not to infringe the rights of third parties (in particular trademark rights, rights to a name, copyrights).
3.3. In addition, you will take reasonable steps to prevent unauthorised third party access to the Portal and your Customer Account; in particular, you must choose a secure password and you are not permitted to pass it on to third parties. You will also ensure appropriate security and control over all your devices and accounts (e.g. email) that you use to access the Portal and your Customer Account.
3.4. If you have a reasonable suspicion that a third party has gained knowledge of your password or access to your Customer Account or to one of your devices that you use to access your Customer Account, you must inform us immediately. You will be liable for any misuse by third parties unless you can prove to us that you are not at fault for such misuse.
3.5. You undertake to inform Riverty either in the portal yourself or by email to customercare@riverty.com if the details in your Customer Account profile change, in particular your name, postal address, email address, payment details and other contact information.
1.1. If you have chosen to pay for your order with a merchant using a Riverty payment method, you can view your open invoices and any open instalment payment from Riverty instalment agreements and the respective due dates in your Customer Account at any time.
1.2. In the history you can also retrieve information about all your orders already paid in full.
1.3. The instalment payment services offered in the Portal are limited to:
1.4. Please note that additional terms and conditions apply to the payment method you choose. Learn more about the services in the Portal or in the app.
2.1 You can return your order easily. If you wish to return your order in whole or in part, please contact the merchant to clarify all details in accordance with the merchant's return policy.
2.2. If you have chosen a Riverty payment method to pay for your order, you can report the items returned to the merchant to us via your Customer Account. Use the function: "Note returns" and we can show you the outstanding amount and/or postpone the due date of the original invoice amount until the merchant has issued a credit note for the returned goods. Further information can be found in your contract with the merchant and in the Portal.
3.1. Riverty is entitled to further develop the Portal, its functions and features at any time.
3.2. For the use of the Portal, your Customer Account as well as all other functions and Content related to the Portal, you need an internet-capable device and a functioning internet access with a reasonably high bandwidth. Of course, you have to bear the costs for this yourself.
3.3. We will make commercially reasonable efforts to ensure that the Portal and your Customer Account are available without interruption and error-free at all times. Please note, however, that we cannot
guarantee that the Portal, its functions, your Customer Account and the Content will work and be available at all times without interruption and without errors. In particular, maintenance work, security and capacity reasons, technical circumstances and events outside our control may lead to a temporary unavailability of the Portal and your Customer Account.
3.4. We reserve the right to restrict access and availability of the Portal and your Customer Account if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data require this. Furthermore, we are entitled to change, expand and temporarily or permanently discontinue the functionalities of the Portal and your Customer Account at any time. You are therefore not entitled to claim to the use of individual or all functionalities of the Portal and your Customer Account, in particular permanent availability.
4.1. To the extent that Riverty becomes aware that the Portal or any functionality related to the Portal, including your Customer Account, is defective, Riverty will use commercially reasonable efforts to correct such defects, for example by providing you with an update.
4.2. Riverty shall be liable to you in each case in accordance with the statutory provisions in the following cases for reimbursement of expenses and damages (hereinafter "DamagesIn cases of intent or fraudulent misrepresentation; in cases of gross negligence; for injury to life, body or health; in the case of assumption of a guarantee by Riverty; as well as in all other cases of mandatory liability under the law.
4.3. Riverty shall also be liable to you for Damages in accordance with the statutory provisions in the event of a culpable breach of so-called cardinal obligations (this is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on). However, insofar as the breach of a cardinal obligation was only caused by slight negligence and did not result in injury to life, body or health, your claims for Damages shall be limited in amount to the reasonably foreseeable Damage typical for the contract.
4.4. In all other respects, your claims for Damages against Riverty - for whatever legal reason, in particular due to a material defect, defect of title and/or the breach of other obligations arising from the contractual obligation or from a pre-contractual obligation by Riverty, a legal representative, employee or vicarious agent of Riverty, are excluded.
4.5. As far as the liability of Riverty is excluded or limited according to the above provisions, this shall also apply to the personal liability of the legal representatives, employees and vicarious agents of Riverty.
Riverty does not assume any liability for third-party Content in the Portal. Riverty obtains information from sources that we consider trustworthy. However, no guarantee can be given regarding the quality and truthfulness of this information. Liability for intent and gross negligence remains unaffected. All expressions of opinion reflect exclusively the current assessment of the respective author(s) of the statements concerned and do not represent the opinion of Riverty, unless it is expressly an opinion or assessment of Riverty. The opinions and assessments expressed in the Portal are subject to change without notice.
The Portal may contain links. These links may lead to content that originates from and has been published by independent operators or other third parties. This content is foreign and unknown to Riverty, and Riverty has no influence on the current and future design and information of the linked sites. Links do not represent opinions, recommendations, analyses in favour of the contents of the
links by Riverty. Riverty is not responsible for these third-party content and does not accept any liability for it. The use of this third-party information is therefore your own responsibility. If you notice that Riverty refers to pages with illegal or questionable content, we ask you to inform us so that we can remove the corresponding link immediately.
7.1. You are required to provide accurate information at all times and to act only under your own identity. Any use of information that does not belong to you or that you are not permitted to use for any other reason, and any use of the Portal or your Customer Account in a way that is not prescribed, will be considered misuse. We may store any data relating to misuse or suspected misuse and use it for future risk assessment and user protection.
7.2. You shall be liable for all claims, including but not limited to costs, interest, fees, fines or penalties, asserted against Riverty as a result of any culpable breach of these GTC by you.
8.1. The User Agreement between you and Riverty regarding the use of the Portal and your Customer Account runs for an indefinite period of time and may be terminated in accordance with the following provisions.
8.2. You may close your Customer Account at any time and thereby terminate the User Agreement with us. If you no longer wish to use the benefits of the Portal and your Customer Account, please contact customercare@riverty.com.
8.3. We may close your Customer Account for good cause and thereby terminate the User Agreement if:
· You persistently and seriously breach these GTC, any other agreement with us and/or applicable law;
· Riverty decides to no longer offer the Portal or if Riverty discontinues the operation and further development of the Portal;
· We are obliged to close your Customer Account for other reasons.
8.4. Furthermore, we are entitled to temporarily block your Customer Account if an unauthorised, illegal, non-contractual, punishable and/or abusive use of your Customer Account takes place or is imminent (e.g. if we have reasonable suspicion that your Customer Account has been accessed without your consent).
8.5. If we close or temporarily block your Customer Account, we will inform you immediately. In the event of a temporary block, we will also inform you of the steps required to restore your account. Your Customer Account will remain blocked until you restore it.
8.6. If your Customer Account is closed:
· our User Agreement based on these GTC ends immediately;
· you are no longer authorised to use the Portal / your Customer Account;
· you remain fully responsible for any outstanding obligations in relation to your Customer Account from the time before the closure;
· we may retain your Customer Account information for as long as is necessary to comply with our legal obligations due to e.g. accounting legislation.
8.7. Please note that the User Agreement cannot be terminated until you have fulfilled all obligations arising from existing invoices or instalment contracts. Termination of the User Agreement does not automatically lead to the termination of other contracts existing between Riverty and you (e.g. instalment agreements), these continue to exist. Deleting your Customer Account does not affect your payment obligations from outstanding invoices or any outstanding instalment agreements in your
Customer Account. However, once your Customer Account has been closed, you can no longer add any further invoices to an existing Flex contract.
9.1. Riverty is the sole and exclusive owner of the rights to the Portal and the Content. You will not be granted any rights other than the rights granted to you under Part 1 Section 3.
9.2. All Content included in or provided through the Portal, such as text, graphics, logos, images, illustrations, designs, icons, photographs, audio, clips, digital downloads, data and materials, including trademarks, domain names, service names, product names, is owned by Riverty (or Riverty's licensors) and protected by national and international copyright, database right, trademark law and/or other intellectual property rights. Any use and/or reproduction of the Content contrary to the provisions of the GTC without the prior express consent of Riverty is a violation of applicable law, is prohibited under these GTC and entitles Riverty to terminate this User Agreement with you pursuant to Section 8.
9.3. The use of automated systems or software to extract data from the Portal, in particular for commercial purposes, is prohibited.
10.1. We use Swedish as the standard language in our communication with you. On request, we can also communicate with you in English.
10.2. These GTC shall only become part of the User Agreement in the Swedish language. Any translation of these GTC into another language is for convenience only and is not intended to alter the terms of these GTC. In the event of a conflict between the Swedish version of these GTC and a version in a language other than Swedish, the Swedish version shall prevail as the binding version.
10.3. You agree that all consents, notices, disclosures and other communications that we send to you electronically are sent in writing.
10.4. You can find the contact information of Riverty in our imprint. Contact information to our customer service is found in Part 1 Section 1.1.
If you have a complaint, you can contact Riverty's complaints manager: complaints-officer.se@riverty.se or our customer ombudsman: kundombudsmannen.se@riverty.com. As a consumer, you can also contact the National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm. A notification to ARN must be in writing.
12.1. Riverty reserves the right to have the operation of the Portal carried out by third parties.
12.2. The non-exercise or delayed exercise of rights on the part of Riverty can in no case be interpreted as a waiver of this right. The partial exercise of a right shall not preclude the further exercise of that right. The waiver of any particular right shall not constitute a waiver or modification of any other right.
12.3. Please note that you are not entitled to transfer or assign any rights or obligations arising from the User Agreement to third parties. Any deviating user agreements or general terms and conditions of business of yours shall not apply.
13.1. These GTC and the User Agreement between you and Riverty are governed by Swedish law to the exclusion of (i) the rules of private international law and (ii) the United Nations Convention on Contracts for the International Sale of Goods (UN CISG). This also applies if you access the Portal from outside Sweden.
13.2. If you are a consumer with habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. You can choose to pursue claims in connection with these GTC and the User Agreement arising from consumer protection standards in court both in Sweden and in the EU member state in which you live.
13.3. If any provision of these GTC or any future amendment to these GTC is found to be invalid, void or for any reason unenforceable, the validity and enforceability of the remaining amendments or conditions shall not be affected thereby. In this case, the parties undertake to agree on a valid substitute provision that comes as close as possible to the invalid provision or the purpose intended by the invalid provision. The same shall apply in the event of a loophole in these GTC.