The business relationship between 1820 Magazine i.e. Peacock Productions and the customer, with regard to orders in the 1820 Magazine online shop (e.g. 1820magazine.com), is governed solely by the latest version of the following general terms and conditions valid at the time of the order. Contradictory or supplementary general terms and conditions of the customer are not part of the contract, unless the publisher explicitly consents to their validity.
2. Ordering, offer, contract conclusion
The presentation and description of the goods and services on the website is not a legally binding offer by 1820 Magazine i.e. Peacock Productions to sell goods and services. The customer submits an offer to acquire the ordered goods and services only once an order is placed.
The customer submits a binding offer to enter into a contract by following the ordering process on 1820magazine.com and submitting the order by clicking the “confirm order” button. 1820 Magazine i.e. Peacock Productions then sends a confirmation of order receipt by email containing the details of the order to the email address provided by the customer during the ordering process (order confirmation). This order confirmation does not constitute acceptance of the offer; it merely informs the customer that the order was received.
A contract for the acquisition of goods and services is not entered into until 1820 Magazine i.e. Peacock Productions accepts the order, which generally takes place upon the shipment of goods or the provision of services. An explicit declaration of acceptance to the customer is not sent.
3. Cancellation policy
The customer should note that there is no right of cancellation for one-off long-distance contracts for the delivery of magazines and periodicals.
Any costs incurred due to a reversal of charges for payments made by the customer using a credit card or other payment reversal costs of other payment providers shall be borne by the customer.
The customer should note that there is a 14 day cancellation policy. After these 14 days shipment of your order is carried out automatically and we will therefore not be able to issue you a refund. Any costs incurred due to a reversal of charges for payments made by the customer using a credit card or other payment reversal costs of other payment providers shall be borne by the customer.
After placing an order in the online shop of 1820 Magazine i.e. Peacock Productions the customer receives an electronic order confirmation on the screen and via email. The electronic confirmation is sent automatically and it is only a confirmation of order receipt; it is not an order acceptance.
Shipment of the goods will take place after 14 days (see no.3 Cancellation Policy). Unless agreed otherwise, delivery is made to the delivery address specified by the customer. Specified delivery times are not binding except in exceptional cases when 1820 Magazine i.e. Peacock Productions promises delivery by a particular deadline.
Publication delivery is subject to product availability. If a publication is not available or has not yet been released by the time of the order, 1820 Magazine i.e. Peacock Productions will notify the customer of the expected delivery date and pre-book the order. Once the merchandise is in stock, it is shipped to the customer without any further notification to the customer. If a new edition of an out-of-print publication is being prepared, the new edition will be pre-booked. In case of unavailability, 1820 Magazine i.e. Peacock Productions shall notify the customer. Any payments that have already been made will be refunded immediately.
If, through no fault of its own, 1820 Magazine i.e. Peacock Productions is unable to deliver an ordered product or provide an ordered service because the supplier of 1820 Magazine has not fulfilled its contractual obligations, Peacock Productions is entitled to withdraw from its obligations to the customer. In this case, the customer shall be informed immediately that the ordered product or service is unavailable. The customer’s legal rights shall remain intact.
Unless otherwise specified in the online shop, the customer bears the costs of delivery in accordance with the information provided in the 1820 Magazine online shop. Order and delivery to book retailers, other retailers and wholesalers via this shop is subject to shipping costs without exception.
Maastricht, The Netherlands, is the place of fulfilment for 1820 Magazine and is also the place of fulfilment for the customer’s payments.
If, at the customer’s request, the product is shipped to a place other than the place of fulfilment, the risk is transferred to the customer once the product is handed over to a shipping company.
In the case of a damaged delivery by a 3rd party 1820 Magazine i.e. Peacock Productions will not reimburse any transport damage caused.
5. Prices, due dates and payments; default
All prices are based on price information available on the web pages of 1820 Magazine.
Unless explicitly specified otherwise, all prices are final prices in UK Pounds or Euros plus any applicable shipping and packaging costs. Prices include applicable statutory value added tax.
If no special terms of payment are agreed, payments are due when checking out. If the magazine cannot be delivered for reasons that are beyond the control of 1820 Magazine i.e. Peacock Productions, there is no entitlement to subsequent delivery or replacement.
If the customer defaults on payments, 1820 Magazine has the right to demand late payment interest of 5% p.a. over the base rate disclosed by the European Central Bank. If 1820 Magazine Peacock Productions suffers demonstrable, higher damages caused by default, 1820 Magazine Peacock Productions has the right to claim compensation for such damages.
Any possible additional taxes and duties shall always be borne by the customer.
6. Offsetting and retention
The customer may not offset any counterclaims, unless they are found to be legally binding or undisputed by 1820 Magazine i.e. Peacock Productions. Furthermore, the customer may only exercise the right of retention if his counterclaim concerns the same contractual relationship.
7. Retention of title
The delivered goods remain the property of 1820 Magazine i.e. Peacock Productions until such time as they are paid in full, including shipping and transaction costs.
All products on offer are copyright protected! 1820 Magazine Peacock Productions grants the customer the right to download and save the acquired downloadable product to a stationary or mobile end device of his choice and to access it for personal use. The customer acquires a simple, non-transferrable, temporally and regionally unrestricted right of use for the respective digital content. Reproduction, in whole or in part, and release for public use — in particular, distribution over the Internet — is not allowed without the consent of 1820 Magazine i.e. Peacock Productions. The right to make a copy exclusively for backup purposes is excepted. Copyright violations shall be legally prosecuted and may result in licensing and damage compensation claims.
9. Liability for defects, warranty
Unless specified otherwise below, further claims by the customer are ruled out, regardless of their legal grounds.
In the case of ordinary negligence, 1820 Magazine i.e. Peacock Productions is liable only for the breach of essential contractual obligations, i.e., obligations that must be fulfilled to enable proper fulfilment of the contract and regularly relied on by the contractual parties (material obligations), for predicable, typical and direct average damages based on type of goods and services, and without limitation with regard to harm to the life, body and health of the customer, and in accordance with the Product Liability Act. Otherwise, the pre-contractual, contractual and non-contractual liability of 1820 Magazine Peacock Productions is limited to intentional and gross negligence.
10. Final provisions
Supplements, amendments and additions to these contractual provisions must be in writing.
The law of The Netherlands applies exclusively to all disputes that arise from or in connection with these general terms and conditions and resulting from transactions in connection with 1820 Magazine i.e. Peacock Productions regardless of legal grounds. This excludes all conflict of law provisions derived from any other legal system. The UN Convention on Contracts for the International Sale of Goods does not apply.
Maastricht is the place of fulfilment. Maastricht, The Netherlands, is also the exclusive place of jurisdiction for disputes involving business persons, legal entities under public law or public special funds arising from contracts between 1820 Magazine i.e. Peacock Productions and the customer.
If individual provisions of these General Terms and Conditions are invalid or lose validity due to subsequent circumstances, the validity of the remaining general terms and conditions shall not be affected.
Maastricht, November 2017