Terms & Conditions

Terms & Conditions

Auctions & Sales

Bidder/Buyer Terms and Conditions

Interpretations and Definitions: the following terms generally apply within these Terms and Conditions; other terms are defined within specific sections following:

Auctioneer – the company Gladius Coins & Antiquities Ltd (“Gladius Coins” hereafter) or its authorised auctioneer, acting as Agent for the Seller. Gladius Coins & Antiquities Ltd a company incorporated in Scotland with the registered number SC657364 whose registered office is at 1 Keirhill Avenue, Westhill, Aberdeenshire AB32 6AY.

Agent – a person or body acting on behalf of another.

ALR – Art Loss Register – All lots with an upper estimate value of £1,000 and above and all ancient Western Asiatic lots are searched against the Art Loss Register database.

Auction – a sale event whether taking place live in real-time or of extended duration (Timed Auction).

Bid – a sum offered by a Bidder to purchase the Lot.

Bidder – the person offering a Bid.

Buyer – the Bidder who the Lot is Knocked Down to.

Buyer’s Premium – the percentage of the Hammer Price payable by the Buyer to Gladius Coins in accordance with clause 19.

CITES – Convention on International Trade in Endangered Species.

Data Protection Legislation –all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) (83) (GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any and all applicable national data protection laws made under or pursuant to the GDPR, as may be amended or superseded from time to time.

Date of Sale – the date on which the Auctioneer Knocks Down the Lot.

Group – any Lot comprising more than one item.

Hammer Price – the amount of the winning bid when Knocked Down by the Auctioneer to a Bidder.

Knock(ed/ing) Down – the act of the Auctioneer in bringing the Hammer down to complete the contract for the sale of the Lot to the Bidder submitting the highest bid.

Lot – the goods for sale.

Purchase Price – the total sum due for any Lot, including the Hammer Price, the Buyer’s Premium, any internet bidding fees, any shipping charges, taxes, duties, or any other costs payable to Gladius Coins.

Registered Bidder –a Bidder who has registered with Gladius Coins for the purpose of taking part in any Auction. Reserve Price – the minimum Hammer Price at which a Lot may be Knocked Down.

Seller – the person offering the Lot for sale.

Title – legal rights of ownership of the Lot.

Application: the singular includes the plural and vice versa and any reference to ‘he’, ‘she’ or ‘it’ applies to all of them.

Basis of Contract:

These Terms and Conditions apply to the exclusion of any other terms that the Bidder/Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Each Buyer is required to carefully read the Terms and Conditions before offering a bid. When a Buyer makes a bid he/she acknowledges that he/she has read, understood and accepted these terms.

Gladius Coins does not act for or give advice to Bidders/Buyers.

Dimensions, weights, and colour: all dimensions and weights (including ring sizes) are approximate and are for general guidance only; a single dimension given is normally the greatest dimension for the piece(s). Although Gladius Coins have made every effort to precisely display the colours and condition of a Lot, Gladius Coins does not guarantee that a device displays them accurately. The Lot may vary slightly from those images.

Condition: items are briefly described with respect to condition using various phrases to signify the overall and general condition. It should be noted that items having significant age, sometimes being very ancient, often show minor blemishes and defects, these are considered to be normal and will not be individually described.

Phrases used include:

Restored – may be repaired, smoothed, highlighted, tooled, modified patina or otherwise reinstated; possibly with some areas replaced.

Fair Condition – may be fragmentary or obviously damaged.

Fine Condition – usually essentially complete but may have minor damage may have some repair or restoration.

Very Fine Condition – usually complete and in good condition; may have some minor damage or repair and restoration.

Extremely Fine Condition – complete and better than average condition, without significant repair or restoration.

Mint State/UNC – complete and better than average condition with no repair or restoration.

Bidders are encouraged to carefully examine in person any Lot(s) for which they intend or do Bid for, It is not possible to note all marks or defects and neither Gladius Coins or the Auctioneer make any guarantee as to the physical quality or condition of any Lot(s).

Dating: dates may be given in several forms, as examples below:

1000 AD – an item that bears a date upon it or that can otherwise be dated with precision.

1st century AD – an item that can be dated with considerable confidence to a specific period.

Circa 1st century AD – an item that can be approximately dated by comparison with other items.

Possibly 1st century AD – an item that might be of this period by comparison with items of a broadly similar character.

Undated – no date is known or suggested for the piece.

Celtic/Viking/Saxon/Medieval period – an item is dated to a specific period but may also be a revival of style of a later date.

Attributions: works of art attributions may be given in several forms, as examples below:

Signed – work bearing the signature of the named artist.

Attributed to – a work of the period of the artist which may be in whole or in part the work of the artist named.

Circle of – a work of the period of the artist and showing his influence.

Follower of – a contemporary or nearly so work executed in the style of the artist.

Manner of – a work executed in the style of the artist but of a later date.

After – a copy of any date of a work of the artist.

Other Descriptive Matters: some other words or phrases are used descriptively, as examples below:

Style – an item made in the style of an earlier age but thought to be probably of later date.

Archaistic – an item made in the style of a much earlier age.

Grand Tour – an item usually of some age but in the style of an earlier age.

After the Antique – an item made as a reproduction, usually of quite modern date; and

Faux – used descriptively when the material used is probably imitative in character.

Lots including Archaeological or Cultural Property: a UK export licence from the Department for Digital, Culture, Media and Sport, is required for Lots originating from UK soil or territory leaving the UK and for such Lots of non-UK origin when leaving the EU. Gladius Coins will make applications for the necessary Cultural Property Export Licence as a ‘free of charge’ service to Buyers, where the Export Licence is legally required. If a Buyer requests for Gladius Coins to apply for an Export Licence where this is not legally required, an additional fee of £20 (VAT inclusive) will be invoiced to the Buyer. Buyers are advised to check concerning any Regulations applicable in their country of residence regarding importation and to enquire prior to bidding. The deferment of any Export Licence shall not be reason to cancel any bid nor to delay payment.

Lots including materials from Endangered Species: Buyers are responsible for obtaining a CITES licence when required for the export from the UK of any item(s) made of or containing materials such as ivory, tortoiseshell, rhinoceros horn, whalebone, etc.

Import Licences: Buyers are responsible for checking and ensuring compliance with any regulations applicable in their country of residence regarding importation.

Copyright: all cataloguing text, images and other material published by Gladius Coins whether physically or electronically is the property of Gladius Coins and may not be reproduced, stored in any retrieval system or otherwise transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Gladius Coins.

General Conduct of Auction: Gladius Coins shall have absolute discretion as to lots offered for sale, lots withdrawn and the conduct of any Auction or sale. Gladius Coins shall have absolute discretion to refuse entry, decline bids and expel any person from the Auction whether present in person or by agent or proxy or attending by way of any electronic media or telecommunications.

Viewing: all Lots are available to view. All prospective Bidders are advised to view any Lot(s) prior to bidding and the Bidder must form their own opinion before bidding. Public viewing arrangements will be advised in advance of the Date of Sale and private viewing can be arranged at the Gladius Coins premises by appointment.

Lot Descriptions: all Lots are offered ‘as seen’ and ‘as is’ and are available for inspection. The Buyer is obligated to make all and any enquiries he wishes as to the accuracy and authenticity of any sale description (including Condition, Dating and Attributions, as set out in clauses 5-7).The principle of caveat emptor applies except where expressly excluded by operation of law. While materials (such as catalogues) are vetted by an external committee of experts, Gladius Coins do not make or give any guarantee, warranty or representation or undertake any duty of care in relation to the description, illustrations or photographs of any Lot, including condition, quality, provenance, authenticity, background, style, period, age, origin, value and estimated selling price. Gladius Coins undertakes no obligation to examine, investigate or carry out any tests either in sufficient depth or at all to establish the accuracy or otherwise of any description or opinions given by Gladius Coins whether in the catalogue or elsewhere. Lots comprising Groups are sold strictly subject to them not being returnable for any reason whatsoever; the provisions set out under clause 43 are specifically excluded in respect of such Lots. For coins that have been authenticated, graded, and encapsulated (‘slabbed’) by an independent grading company, no guarantee of any kind is offered by Gladius Coins. Buyers should note that removal or attempted removal from any slab will immediately void any independent guarantee that might have been offered by that grading company.

Condition Reports: All Lots are available for inspection. Gladius Coins will provide a report on the physical condition of any Lot on request. Bidders should note that reports are provided as a free service to interested Bidders. Descriptions therein are not warranties and all Lots are offered ‘as seen’ and ‘as is’.

Estimates: estimates are for general guidance only and Lots may sell outside their indicated range(s). Bidders must make their own assessment as to the value of any Lot and conduct their bidding accordingly.

Reserves: Lots may be subject to a Reserve Price set by the Seller, at a level not exceeding the low estimate, below which bids cannot be accepted; Gladius Coins reserves the right to bid on behalf of a Seller, up to the amount of any Reserve Price.

Buyer’s Premium: The Buyer’s Premium is 20% of the Hammer Price [inclusive of VAT] for all successful Bidders. Use of the Gladius Coins Auctions online in-house bidding service is free of additional charge. For those using any other internet bidding platforms, the provider’s normal charges at up to 5% (inclusive of VAT) will be payable by the Buyer in addition to the Buyer’s Premium.

Registration and Bidding: all prospective Bidders must register their personal details with Gladius Coins before bidding and a Bidder Number will be allocated for their use in relation to a specific sale; prospective Bidders will be asked to provide proof of identity and address. Gladius Coins reserves its right to refuse any Bidder or any Bid at its discretion. A deposit in accordance with clause 27 may be required before accepting any Bid(s). The Bidder Number must be shown by Bidders to the Auctioneer when placing a bid and by the successful Bidder when the Lot is Knocked Down. The auctioneer shall conduct the Auction at his sole discretion for all matters, accept Bids from any source and may exercise bids on behalf of absent Bidders or on behalf of Sellers up to any Reserve Price. Bidding shall be in pounds sterling only and generally in accordance with the increments set out below:

£0 to £199 – in increments of £5

£200 to £499 – in increments of £10

£500 to £999 – in increments of £25

£1000 to £1999 – in increments of £50

£2000 to £4999 – in increments of £100

£5000 to £9999 – in increments of £250

£10000 to £19999 – in increments of £500

£20000 to £49999 – in increments of £1000

£50000 to £99999 – in increments of £2000

£100000 to £249999 – in increments of £5000

£250000 and up – in minimum increments of £10000

Absentee Bidding/Auto Bidding: Registered Bidders may leave absentee/auto Bids in advance of a live Auction directly through the Gladius Coins website or in writing by mail, email,  or other delivery means and will be automatically exercised at the Reserve Price or at one bid increment above any competing Bid up to the submitted maximum Bid amount.

Commission Bidding: while Bidders are advised to attend the Auction and to bid in person, Gladius Coins will accept written instructions in advance of a live Auction from a Registered Bidder to personally execute bids on behalf of the Bidder up to a stated maximum.  Unlimited bids or bids to ‘buy’ will not be accepted. In the event of identical bids being received from more than one Bidder, the earliest received will have priority. Gladius Coins offers this as a free service for live Auctions, but no liability is accepted for any errors in bidding or in the event that a Bid is not placed. A deposit may be required in accordance with clause 27.

Internet Bidding: live, real-time bidding is available to Bidders through the Gladius Coins website for all live Auctions. Bidders intending to use any other internet bidding service must Register in advance with that service and the provider’s normal charges at up to 5% (VAT inclusive) will be payable in addition to the Buyer’s Premium. It is entirely the responsibility of the Bidder using any bidding service to ensure that Bids are made accurately; Bids cannot be retracted once made and are binding on the Bidder in all circumstances. Gladius Coins are not responsible for any technical or other failure which results in Bids not being received.

Telephone Bidding: facilities for telephone bidding are available at live Auctions at the discretion of Gladius Coins for Bidders on Lots with a low estimate in excess of £200 and must be booked and confirmed in advance. It is a condition for acceptance by Gladius Coins of any telephone bidding request that the Bidder undertakes to execute a minimum Bid at the low estimate sum. Gladius Coins offers telephone bidding as a free service, but no liability is accepted for any errors or in the event that a connection cannot be made or is interrupted before the Lot is Knocked Down.

Agents: all Bidders making Bids through any means shall be deemed to be acting as principal in their bidding and shall be directly and fully liable for all Bid amounts, Buyer’s Premium and any other charges or costs. If any prospective Bidder wishes to appoint a person to bid on their behalf, then this must be agreed and authorised in writing by Gladius Coins in advance of the Auction. A deposit may be required in accordance with clause 27.

Value Added Tax: VAT is charged and invoiced on an inclusive basis, under the auctioneer’s margin scheme on all Buyers’ Premiums and other charges; Buyers resident outside the EU should note that there is no relief or exemption from VAT. For such items as investment gold, modern jewellery and gemstones including where marked with a ‘dagger’ (†) symbol, VAT on the Hammer Price will be payable in addition.

Deposits:  Gladius Coins reserves the right to request a deposit in certain circumstances. The amount of the deposit will be set by Gladius Coins. If a Bid is not placed the deposit will be paid back within a reasonable timeframe after the close of the auction. In case of a successful bid, the deposit will be reduced from the Purchase Price payable by the Buyer.

Payment:  The Purchase Price becomes due and payable when the Lot is Knocked Down by the Auctioneer. Requests and Statements detailing the purchase information will be sent out by email or post; Bidders may be telephoned or otherwise contacted when payment is not received promptly or where there are queries in any respect.

The full Purchase Price must be paid in Pounds Sterling and can be made by bank transfer (for transfers from outside the UK, subject to payment of an additional £10 overseas bank transaction fee), by cash up to the value of £7,000, by cheque from a UK bank (subject to clearance) or by bank debit card or credit card (up to a maximum of £500). It is the responsibility of the Buyer to ensure that Gladius Coins receives the correct amount payable.

Unless agreed by Gladius Coins in writing in advance of the Auction, the Buyer must pay the Purchase Price in full in cleared funds to Gladius Coins by no later than 4.30pm on the third working day following the Date of Sale. In case of delayed payment, clause 32 applies.

Title, Risk and Insurance: Title to any Lot is retained by the Seller until the Purchase Price and all other sums payable by the Buyer have been paid in full in cleared funds to Gladius Coins; at this point, Title will transfer from the Seller to the Buyer. Risk for the Lot passes to the Buyer at the time the Lot is Knocked Down to the Bidder. Gladius Coins does not hold property insured after the Lot has been Knocked Down.

Collection of Lots and Storage: Once the Buyer has paid the Purchase Price in full, Gladius Coins will release the Lot to the Buyer for collection. The Buyer must collect, or arrange the collection of, all purchases from the location advised by Gladius Coins by 4.30pm on the seventh working day following the Date of Sale.

Gladius Coins may provide the Buyer with a quotation and contact details for the services of Mail Boxes Etc on Gladius Coins documentation (any storage/shipping contract is between the Buyer and Mail Boxes Etc). The Buyer may arrange a service of their choice for collection, packing and shipping services. Lots not collected by the seventh working day following the Date of Sale will be moved to storage at a transfer cost of £25 plus VAT per Lot and storage charges will thereafter be applied at the rate of £1.50 plus VAT per Lot per day until collected; no Lots may be removed/released to the Buyer until all storage and transfer costs have been paid in full. In the event that the accrual of storage charges reaches 50% of the Hammer Price paid or after the expiration of three months from the transfer date, whichever occurs first, Gladius Coins reserve the right to re-sell any and all Lots stored without notice and in any manner at their sole discretion and to apply any proceeds in defrayment of such costs. The Buyer will be entitled to receive any credit balance above the amount of the costs on request but will remain liable for any deficit.

Delivery by Gladius Coins: at the absolute discretion of Gladius Coins, Gladius Coins may, on request, directly arrange delivery of certain Lots to the address registered to the Buyer, on payment by the Buyer to Gladius Coins of any advised handling and delivery charge. 

Remedies for Buyer’s Failure to Make Payment and/or Remove Lots: if the Purchase Price and/or all sums payable are not paid in full when they fall due and/or the Lot is not removed in accordance with these terms, Gladius Coins may without further notice to the Buyer be entitled to exercise one or more of the following rights:

To terminate the agreement immediately for breach of contract.

To retain possession of the Lot.

To remove and/or store the Lot at the Buyer’s expense, as detailed at clause 30at a cost to the Buyer of £25 + VAT for the transfer per Lot plus a daily cost of £1.50 plus VAT per Lot for the storage;

To take legal proceedings against the Buyer for payment of any sums due to Gladius Coins by the Buyer.

To be paid interest on any monies due to Gladius Coins at the annual rate of 8% per annum from time to time to be calculated on a daily basis from the date upon which such monies became payable until the date of actual payment;

To sell the Lot without a Reserve Price at Auction or by any other means and apply any proceeds against the amount owing by the Buyer to Gladius Coins.

To apply any monies received from the Buyer in payment or part payment of any sums due from the Buyer to Gladius Coins under these terms.

To refuse to allow the Buyer to register for a future Auction or to reject a bid from the Buyer at a future Auction.

Limitation of Liability: The Auctioneer has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover the Auctioneer has been able to arrange and the Buyer is responsible for making his own arrangements for the insurance of any excess loss.

Gladius Coins will under no circumstances be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:

Any loss of profits, sales, business, or revenue

Loss of business opportunity

An indirect or consequential loss.

Our total liability to you for all losses arising under or in connection to the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed £500.

Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:

Death or personal injury caused by negligence.

Fraud or fraudulent misrepresentation; and

Breach of the terms implied by section 12 of the Supply of Goods and Services Act 1979 (title and quiet possession).

This clause 33 shall survive termination of the Contract.

Buyer’s Indemnity: The Buyer agrees to indemnify Gladius Coins on a full indemnity basis against all legal and other costs, all losses and expenses incurred as a result of Gladius Coins taking steps under clause 33.

Use of your personal information: Gladius Coins will only use the Seller’s personal information as set out in their privacy policy. Gladius Coins may amend this policy from time to time. Where Gladius Coins processes any personal data, it will comply with the requirements and obligations under the Data Protection Legislation.

Anti-Money Laundering: Gladius Coins’ Anti-Money Laundering Policy sets out Gladius Coins’ policy for ensuring compliance anti-money laundering legislation that applies to some of Gladius Coins’ activities. Gladius Coins may amend this policy from time to time.

Sale of Goods Act: The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

Severance: If any provision or part-provision of these terms and conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms and conditions.

Amendments: Gladius Coins may amend these Terms and Conditions from time to time. Please check our website for our latest terms and conditions.

No waiver: No failure or delay by Gladius Coins to exercise any right or remedy provided under the these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Third-Party rights: These Terms & Conditions are between Gladius Coins and a Seller. No other person shall have any rights to enforce any of these terms.

42. Governing Law: these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of Scotland..

Jurisdiction: each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).

Disputes: in the event that the Buyer has any dispute in relation to any Lot, not being a Lot described as a Group, Collection or other term indicating that the lot comprises more than one object, (such lots being sold cannot be returned in accordance with clause 15), which has been sold, that dispute must be notified to Gladius Coins in writing within 14 days following the Date of the Sale in order that Gladius Coins can hold the proceeds pending resolution of the dispute.

In the event of deliberate forgery being claimed for any Lot, the Buyer shall submit two opinions in writing from recognised experts for consideration; the inability of different experts to agree shall not be sufficient grounds. No liability is accepted by Gladius Coins for any costs/losses of the Buyer, including but not limited to fees, shipping, loss of profit, consequential costs or any other matters beyond the Hammer Price and Buyer’s Premium. In all cases, any item must be returned to Gladius Coins, strictly in the condition it was in at the date of the sale being held; Buyers are advised that any form of destructive examination or testing undertaken will result in claims being rejected; claims resulting from results of tests under a scientific process not generally accepted for use at the Date of the Sale or which were unreasonably expensive in relation to the estimates for the lot or impractical or likely to have caused damage to the Lot at the Date of the Sale will not be allowed.

Gladius Coins will have no liability to the Buyer after a period of 14 days as then Gladius Coins will release monies and make payments to Sellers.

Seller’s Terms and Conditions

Interpretations and Definitions: the following terms generally apply within these Terms and Conditions; other terms are defined within specific sections following:

Auctioneer – the firm Gladius Coins & Antiquities Ltd (“Gladius Coins” hereafter) or its authorised auctioneer, acting as Agent for the Seller. Gladius Coins & Antiquities Ltd a company incorporated in Scotland with the registered number SC657364 whose registered office is at 1 Keirhill Avenue, Westhill, Aberdeenshire AB32 6AY.

Agent – a person or body acting on behalf of another.

ALR – Art Loss Register – All lots with an upper Estimate value of £1,000 and above and all ancient Western Asiatic lots are searched against the Art Loss Register database.

Auction – a sale event whether taking place live in real-time or of extended duration (Timed Auction).

Bid – a sum offered by a Bidder to purchase the Lot.

Bidder – the person offering a Bid.

Buyer – the person who the Lot is Knocked Down to.

Date of Sale – the date on which the Auctioneer Knocks Down the Lot.

Data Protection Legislation –all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) (83) (GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any and all applicable national data protection laws made under or pursuant to the GDPR, as may be amended or superseded from time to time.

Estimate – the estimate for any Lots as set out in the Property Receipt.

Group – any Lot comprising more than one item.

Hammer Price – the amount of the winning bid when Knocked Down by the Auctioneer to a Bidder.

Knock(ed/ing) Down – the act of the Auctioneer in bringing the Hammer down to complete the contract for the sale of the Lot to the Bidder submitting the highest bid.

Lot – the goods for sale.

Net Proceeds-the Hammer Price less the Selling Commission and any charges or expenses levied at Gladius Coins’s discretion in accordance with these Terms and Conditions.

Purchase Price – the total sum due for any Lot, including the Hammer Price, the Buyer’s Premium, any internet bidding fees, any shipping charges, taxes, duties or any other costs payable to Gladius Coins.

Reserve Price – the minimum Hammer Price at which a Lot may be Knocked Down

Seller – the person offering the Lot for sale.

Selling Commission – the sum due to Gladius Coins from the Seller in accordance with clause 10.

Timed Sale –in relation to an unsold Lot, a 28-day timeframe to allow a sale post Auction in accordance with clause 15.

Title – legal rights of ownership of the Lot.

Unsold Fee – 5% (VAT inclusive) of the Reserve Price.

Withdrawal Fee – the fee payable to Gladius Coins in the event the Seller withdraws a Lot in accordance with clause 14, which shall be 5% (VAT inclusive) of the low Estimate or Reserve Price, whichever is higher.

Application: the singular includes the plural and vice versa and any reference to ‘he’, ‘she’ or ‘it’ applies to all of them.

Basis of Contract:

These terms and conditions apply to the exclusion of any other terms that the Seller seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 

Each Seller is required to read the terms and conditions attached to the Property Acceptance/Receipt and acknowledges that he/she has read, accepted and acknowledged the terms of such attachment, in advance of signing the same.

As auctioneer, Gladius Coins acts solely for, and in the interest of, the Seller.

Copyright: all cataloguing text, images and other material published by Gladius Coins (including in relation to any Lot) whether physically or electronically is the property of Gladius Coins and may not be reproduced, stored in any retrieval system or otherwise transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Gladius Coins. Gladius Coins does not guarantee that a device accurately displays the colours and condition of a Lot.

Rights to Photographs, Illustrations and Documents: the Seller grants to Gladius Coins full and absolute right to photograph or illustrate any Lot and to use such photographs or illustrations, and any photographs, illustrations or documents provided by the Seller, at any time and at Gladius Coins’ absolute discretion (whether or not in connection with any Auction).

Title, Risk and Insurance: Title to any Lot is retained by the Seller until the Purchase Price and all other sums payable by the Buyer have been paid in full in cleared funds to Gladius Coins; at this point, Title will transfer from the Seller to the Buyer. Risk for the Lot passes to the Buyer at the time the Lot is Knocked Down to the Bidder. Gladius Coins does not hold any Lot insured after the Lot has been Knocked Down.

Seller’s Representations and Warranties: in submitting any Lot for sale, the Seller warrants and represents to Gladius Coins the matters set out in the Property Acceptance/Receipt and Seller’s statement of provenance. The Seller will be asked to provide proof of identity and address.

Limitation of Liability: The Auctioneer has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover the Auctioneer has been able to arrange and the Seller is responsible for making his own arrangements for the insurance of any excess loss.

Gladius Coins will under no circumstances be liable to the Seller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

Any loss of profits, sales, business, or revenue.

Loss of business opportunity; and

An indirect or consequential loss.

Gladius Coins’ total liability to the Seller for all losses arising under or in connection to the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed £500.

Nothing in these terms and conditions limits any liability which cannot legally be limited, including but not limited to liability for:

death or personal injury caused by negligence.

fraud or fraudulent misrepresentation; and

breach of the terms implied by section 12 of the Supply of Goods and Services Act 1979 (title and quiet possession).

This clause 8 shall survive termination of the Contract.

Seller’s Indemnity: the Seller shall indemnify and hold Gladius Coins harmless from all claims and all direct, indirect or consequential losses (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by Gladius Coins as a result or in connection with:

Any breach of the warranties referred to in clause 7.

Any claim made against Gladius Coins concerning the authenticity of any Lot.

Any alleged or actual infringement, whether or not under Scottish law, of any third party’s Intellectual Property Rights or other rights arising out of the Auction or sale of the Lot.

Selling Commission: The standard rate of selling commission payable to Gladius Coins shall be 15% of the Hammer Price (VAT inclusive).

Additional Charges: Gladius Coins may levy additional charges regarding:

Collection of goods from Seller’s premises, storage of goods submitted for sale by a Seller and storage of Lots unsold in accordance with clause 15.

Further charges at the discretion of Gladius Coins on advance warning to the Seller for any unusual research, special or additional imaging, testing, consultation with external specialists, conservation, cleaning or other services concerned with presenting the Lot, including VAT or other taxes or duties as applicable.

All items submitted for sale in the ‘Western Asiatic’ category (other than items designated as ‘style’) and all lots over £1000 will incur an administration charge of £5.00 (VAT inclusive) per item for additional checking, including searches against the ALR.

Lots: all goods submitted to Gladius Coins will be lotted, catalogued and offered by live auction sale, limited timed auction sale, ‘buy it now’ direct sale or other method at the sole discretion of Gladius Coins; antiquities, antiques and collectables Lots with a low Estimate of £200 or less and coin Lots with a low Estimate of £100 or less will not normally be illustrated in any printed catalogue and printed text entries may be minimised (images and full text will always be shown on the Gladius Coins website); Estimates are provided for information only and Hammer Prices may differ from the estimated range.

Reserve Price: The Seller may set a Reserve Price on any Lot where the low Estimate exceeds £100 subject to agreeing that an Unsold Fee will become payable to Gladius Coins for any such Reserved Lot which fails to sell; in addition the Seller agrees that the auctioneer may accept a bid received at one bid increment or 10% of the Reserve Price (whichever is higher) below the Reserve Price sum if necessary to sell the Lot.

Withdrawal of Lots: Once entered for sale, Lots may be withdrawn by the Seller only upon the agreement of Gladius Coins and payment to Gladius Coins of the Withdrawal Fee; a Withdrawal Fee will also be payable should any post-Sale offer be received in accordance with clause 14 but not accepted by the Seller. Gladius Coins reserves the absolute right to withdraw any Lot from sale for any reason in which circumstance no Withdrawal Fee will be payable. The Seller is thereafter responsible for collection of any Lot which has been withdrawn and clause 15 applies.

Unsold Lots and Storage: in the event that a Lot is not sold no Selling Commission is payable unless the Lot was subject to a Reserve Price in which case a sum of 5% (VAT inclusive)of the Reserve Price is payable by the Seller to Gladius Coins. Gladius Coins shall retain possession of unsold Lots for a period of twenty-eight days from the date of any Auction for entry into any Timed Sale or against the possibility of receiving post-Sale offers for such Lots. The Seller is thereafter responsible for collection of any unsold goods immediately after this period and Lots will be released after any charges due have been paid in full. Lots not removed by 4.30pm on the seventh working day after the due date will be moved to storage at a transfer cost of £25 plus VAT per Lot and storage charges will thereafter be applied at the rate of £1.50 plus VAT per Lot per day until collected; no Lots may be removed until any storage or other amounts due to Gladius Coins have been paid in full. In the event that the accrual of storage charges reaches 50% of the Reserve Price or after the expiration of three months from the transfer date, whichever occurs first, Gladius Coins reserve the right to re-sell any and all Lots stored without notice and in any manner at their sole discretion and to apply any proceeds in defrayment of such costs, contact will be made with the buyer via email 7 days prior to the sale of said lot. The Seller will be entitled to receive any credit balance above the amount of the costs on request but will remain liable for any deficit.

Payment to Sellers: The Net Proceeds of the Auction will become due and payable to the Seller 30 days following the Date of Sale provided that Gladius Coins have received cleared payment of the Purchase Price in full from the Buyer.

Use of your personal information: Gladius Coins will only use the Seller’s personal information as set out in their privacy policy. Gladius Coins may amend this policy from time to time. Where Gladius Coins processes any personal data, Gladius Coins will comply with the requirements and obligations under the Data Protection Legislation.

Anti-Money Laundering: Gladius Coins’ Anti-Money Laundering Policy sets out Gladius Coins’ policy for ensuring compliance with anti-money laundering legislation that applies to some of Gladius Coins’ activities.  Gladius Coins may amend this policy from time to time.

Sale of Goods Act: The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

Severance: If any provision or part-provision of these terms and conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms and conditions.

Amendments: Gladius Coins may amend these Terms and Conditions from time to time. Please check our website for our latest terms and conditions.

No waiver: No failure or delay by Gladius Coins to exercise any right or remedy provided under the these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Third-Party rights: These Terms & Conditions are between Gladius Coins and a Seller. No other person shall have any rights to enforce any of these terms.

Governing Law: these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales.

Jurisdiction: each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).

We operate a secure website so you can be sure that this information as well as your personal details will be safe.

Heavy items such as books and large quantities of coins often attract extra shipping charges. If these are not explicitly included in the price, we will always contact you to advise you of these costs before we ship.

To give you the best possible feel for what we have on offer we always try to include a clear colour picture with every item for sale. This picture may, however, not always represent the actual size of the item. Sometimes we enlarge the image to give you a better view of the often-exquisite details. Sometimes we must shrink the image to make it appear faster on your screen.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIO

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILIT

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall UK Coin Store, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless UK Coin Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATIO

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes

INDEX TRACKER

By “Index Tracker” we mean all articles located on our Blog and by using Index tracker and/or our Blog you agree with all below points.

Index Tracker is designed to provide you with only a guide price based on sales achieved on expert consultation, past auctions and bibliography however prices may vary depending on collector’s demand and the condition of the coin being sold.

All coins worth the face value, however coin enthusiast/collectors may be willing to pay more for the coin. 

We do not provide any guarantees to future values of coins and our coin prices are provided only as an indication of value based upon expert consultation, past auctions and bibliography.

To get your coin worth, have it appraised by certified Numismatist or professional coin grading service.

All prices are calculated manually however we cannot guarantee precise calculation of the price due to constantly new sales and data available, Prices should be updated every month, but this this is not guaranteed.

We do not accept any liability for your use of the information provided on our website since the accuracy of the prices is not guaranteed due to the inconsistency of other sales data.

Shipping

Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed, unless it is stated in the listing description otherwise.

Please allow for up to 14 working days for delivery within the UK/EU and 30 days for the rest of the world following the dispatch of your order.

Cancellations, returns and refunds

All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

To meet the cancellation deadline, please notify us via email about cancelling the order before the cancellation period has expired.

If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. It is your responsibility for returning the goods safely to our return address, which you will be provided after we accept your return at your own cost. (In the event we delivered the item to you in error or the item is damaged or defective, the postage cost will be refunded back to you, as soon as we received the item back)

We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. Examples may include the wearing / using of items. You should also return all packaging, labels, documents, and accessories etc that were originally supplied with the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.

You will not have any right to cancel an order for the supply of any of the following goods:
 

The supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.

The supply of goods that are made to the customer’s specification or are clearly personalised.

The original sealed packaging has been damaged, opened and/or removed


Combine goods with other goods after delivery so that they become inseparable.

Auction

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) and our Privacy Policy , AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to these Terms of Use and the Privacy Policy , you may not access or otherwise use the Digital Platforms.

The following Terms of Use are entered into by and between you and Gladius’s (“Gladius’s” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Gladius’s website at www.gladiuscoins.com, and the websites for Gladius’s Wines, Gladius’s Home, Gladius’s Diamonds, or any other Gladius’s website on which this is posted (each, a “Gladius’s Website”), whether accessed through the Gladius’s website (desktop or mobile) and/or Gladius’s applications for mobile and tablet devices (collectively, the “Digital Platforms”).

For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of non-auction products through the Gladius’s Digital Platforms will be governed by the applicable Terms of Sale, and your participation in online auctions shall be governed by the Conditions of Sale applicable to the relevant auction. Gladius’s Home consignments and purchases are governed by terms located at www.Gladiuscoins.com .

We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Gladius’s Websites. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.

Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to a Gladius’s representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Proprietary Rights. As between you and Gladius’s, Gladius’s owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Gladius’s (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.

Limited License. Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platforms for internal purposes of (a) accessing and viewing the content on the Digital Platforms on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) placing bids or orders (as applicable) for products offered for auction or sale on the Digital Platforms. The Digital Platforms and the services offered on or through the Digital Platforms, including any content, software, code, data, and materials thereon, are only for your own personal, non-commercial use. The Digital Platforms are not directed to children younger than 13 and are offered only to users 13 years of age or older.

Prohibited Use.

Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of Gladius’s or the applicable rights holder.

Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).

As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations, and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:

impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity.

reveal any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact, or impersonate that person.

insert your own or a third party’s advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorised or unsolicited advertising or marketing;

engage in data mining, spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;

obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Gladius’s through any means, including through password mining.

use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of Gladius’s or any third party’s intellectual property or other proprietary or legal rights;

frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below.

use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;

engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party’s use and enjoyment of the Digital Platforms;

use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Gladius’s or any third party; or

attempt (or encourage or enable anyone else’s attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.

Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to Gladius’s or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorised in writing by Gladius’s or the applicable Trademark owner.

User Information; Account Registration. In the course of your use of the Digital Platforms, you may be asked to provide certain personal information to us (“User Information”), including if you choose to register a user account on the Digital Platforms. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant Gladius’s Privacy Policy which are incorporated herein by reference.

We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

You may register for an account on the Gladius’s Websites. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Gladius’s and others due to any unauthorized use of your account.

Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant Gladius’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read “Gladius’s” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Gladius’s, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Gladius Coins & Antiquities Ltd @ 1 Keirhill Avenue, Westhill, Aberdeenshire, UK AB32 6AY Attention: Website Management.

Indemnification. You agree to defend, indemnify on demand and keep Gladius’s and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your use of or reliance on the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, (b) your purchase or use of any products through the Digital Platforms, (c) your placement or transmission of any message, content, information, software or other materials through the Digital Platforms, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defence of such claim. In any event, you shall not settle any such claim without our prior written approval.

Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalogue. Certain products that you bid on, purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such bidding, purchase, or download.

Third Party Websites. The Digital Platforms may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from Gladius’s or any of our affiliates. the inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by Gladius’s of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by a Gladius’s affiliate, or under license from Gladius’s or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH GLADIUS’S OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS.

ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE.

THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED.

THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR

ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY POUNDS (£50.00).

Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND GLADIUS’S THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL BE RESOLVED, AT THE FILING PARTY’S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN LONDON UK, ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND GLADIUS’SAGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND GLADIUS’S SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

YOU UNDERSTAND THAT YOU AND GLADIUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.

Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions, or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platforms at any time, and/or block or prevent future access to and use of the Digital Platforms, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.

Miscellaneous. The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the Gladius’s Website by reference. These Terms of Use and the relationship between you and us shall be governed by the laws of Scotland, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in Scotland. Subject to the terms of the Section above (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the courts located within Scotland. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of Gladius’s specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Gladius must be made in writing and signed by an authorized representative of Gladius’s and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Gladius’s successors, assigns and licensees. There are no third-party beneficiaries to this Agreement. See above address for all contact details or our contact/about us website page.