Terms and Conditions for 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 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 the Netherlands. 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:

• Riverty will perform a credit and address check (see Section 1.1 below) to decide whether this payment method 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 regard-ing your order in the Merchant’s shop (“Underlying Transaction”) and your selec-tion of Riverty Invoice, any and all existing and future claims for amounts (including the price) payable by you pursuant to that order will be transferred to Riverty (“Trans-fer of Claim”);
• Due to the Transfer of Claim, you will receive an (initial) invoice or payment instruc-tion (each an “Invoice”) from Riverty for your order by e-mail (or by regular mail in case no e-mail address is available);
• In case of Riverty Invoice, your (respective) payment has to be made by the date(s) indicated on the (according) Invoice at the latest to an account of Riverty as indicated on the (according) 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 per-formance and quality of your order.

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

1.1 Upon your selection to pay with Riverty Invoice, the Merchant will initiate an assess-ment whether this payment method is available for your order. For this purpose, Ri-verty will perform a credit and address check (as set out in the Riverty Privacy Policy: https://documents.riverty.com/privacy_statement/checkout/nl_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 Invoice, 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 transfer and assignment to Riverty of 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 (ini-tial) 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 accord-ance 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 (in-cluding 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 pay-ment default.

2. Payment

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 submitted to you by Riverty.

3. Payment Default

3.1 If you do not pay within the period referred to in Section 2 above, you are automati-cally (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 re-minder. 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 following 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 interest as stated in article XIX.4 van Boek XIX Wetboek Economisch Recht on the amount due calculated from the due date until the date of full payment, as well as (ii) a re-minder fee of EUR 5 per reminder as of the second payment reminder 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 payment 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 notice 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.