Please note that some clauses in these Terms and Conditions apply only in relation to the purchase of:
- Products from our DigiGold (which includes digital gold, silver and platinum) range (DigiGold Products), and any gold, silver or platinum coins or bars from the Platform in Bullion quality standard (collectively, with the DigiGold Products, known as Bullion Products);
- historical products, being products no longer available on the primary market (Historical Products); and/or
- all other Products (Consumer Products),
and we have stated within each such clause where this is the case. All other clauses, where it is not stated that it only applies to certain Products, apply generally to all Products.
In order to buy Products through our Platform, you must have a registered and approved customer account (Customer Account), and comply with our terms contained in Opening and Managing your Account. We reserve the right to refuse to process any transaction of any Customer Account on our Platform without notice or reason.
Please read these Terms and Conditions carefully and make sure that you understand them. These Terms and Conditions will apply to any contract between you and us for the buying and selling of Products and, if selected or required at the time of purchase, storage of Bullion Products or Historical Products in our Vault, via our Platform or by telephone (Contract). You should print a copy of these Terms and Conditions or save them electronically for future reference.
We may amend these Terms and Conditions from time to time as set out in clause 21.8.
We are committed to providing total quality service and high-quality products.
- Information about us
- We are a government-owned company.
- The following information is required by the Electronic Commerce (EC Directive) Regulations 2002:
- If you are a consumer, you may only purchase Products from our Platform or by telephone if you are at least 18 years old.
- If you are a business user:
- You confirm that you have authority to bind any business on whose behalf you use our Platform (or purchase by telephone) to purchase Products.
- If you are a consumer or business user, you cannot purchase Products from our Platform or by telephone if you are a resident of a restricted country or region listed here.
- We reserve the right to refuse to supply any individual or company and to limit the maximum quantities of individual Products which may be purchased by any individual or company (whether per individual order or in aggregate).
- How the Contract is formed
- Our order process allows you to check and amend any errors, approve a specified price for the Products and associated charges and specify whether the Products should be delivered to you in accordance with clause 5 (except in respect of our DigiGold Products) or in the case of Bullion Products or Historical Products, only stored in our Vault in accordance with clause 8 before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After placing an order via the Platform, you will receive an automated e-mail from us (and you may receive an e-mail from us after placing an order by telephone) acknowledging that we have received your order (Acknowledgement). This does not mean that your order has been accepted. Your order constitutes an offer by you to us to buy a Product or Products.
- For all orders (including those placed via the Platform, by post or by telephone), your offer is
be accepted by us, and the Contract will be formed:
- in the case of Consumer Products, at the time we take actual (and not pending) payment in full for the Product(s) or at the time that we despatch the Products you have ordered to the delivery address that you have provided (Despatch), whichever is earlier. If payment has not been taken at the time of Despatch, then we will include a copy of the Despatch invoice confirmation with the Products (Despatch Confirmation);
- in the case of Bullion Products, at the time you place your order for the supply and, if requested or required, the storage of the Bullion Products; or
- in the case of Historical Products, at the time we take payment for the Product(s) or at the time of Despatch, whichever is earlier. Upon placing an order for the Historical Product, we will endeavour to secure the Historical Product on your behalf, which shall be duly authenticated by us and a certificate of authenticity produced in a form prescribed by The Royal Mint (Certificate). The Certificate will be enclosed with the Historical Product following purchase. Although The Royal Mint takes many steps to ensure that the Certificate matches the examined coin, The Royal Mint is not responsible for, and accepts no liability in respect of, any misuse of a Certificate, including any deliberate misuse of a Certificate in relation to a coin other than the examined coin.
- If you are purchasing Bullion Products or Historical Products via the Platform, we will acknowledge
order by sending you an e-mail and/or electronic notification via our Platform, and will confirm:
- that the Products will be Despatched to you in accordance with clause 5; or
- that, if requested or required, your Products will be stored in the Vault in accordance with clause 8.
- The Contract will relate only to those Products for which we take payment for or those Products confirmed in the Despatch Confirmation or invoice. We will not be obliged to supply any other Products which may have been part of your order until we have taken payment for the Products or such Products have been Despatched and/or duly invoiced. For the avoidance of doubt, the Despatch Confirmation/invoice will be sent to the address for the delivery of the order.
- If we are unable to supply you with a Product, for example because of a pricing error on our Platform, or a stock issue, we will inform you of this by e-mail, telephone and/or our Platform and we will not process your order. If we have processed your order, we will promptly refund you in full as soon as is reasonably practicable.
- All Products are subject to availability and may be withdrawn at any time prior to Despatch or storage. Please note that, on occasions, we may discontinue a range or selection of Products, and we make no assurances (subject to mintage levels and any express assurance to the contrary) that any Product will be available for an indefinite or definite amount of time.
- When ordering Products from our Platform, please note that any images are for illustrative purposes only. Whilst we try to display the colour and design of our Products accurately on our Platform, the actual colour and/or design you will see will depend on your device’s screen, and we cannot guarantee that your device’s display of any colour or design will accurately reflect the colour or design of the Products and/or packaging on delivery or storage.
- Please note that an image of a Historical Product is only an example of the Historical Product and, in some circumstances, may not accurately represent the quality, look or feel of the Historical Product. If the Historical Product proves to be materially incorrect in comparison to the detail provided, The Royal Mint will return the Historical Product and you will receive a full refund of the amount paid towards the purchase price of the Historical Product.
- In the case of Historical Products, The Royal Mint provides no guarantees or assurances that it will locate the Historical Product in the time specified or at all. We will use our reasonable endeavours to inform you if we are unable to locate the Historical Product within the timescale specified.
- The provisions of this clause 5 shall only apply in respect of Products not placed into storage in our Vault pursuant to clause 8. For the avoidance of doubt, our DigiGold Products cannot be delivered and must be placed into storage, and the remaining provisions of this clause 5 shall not apply to it.
- In the case of Bullion Products and Historical Products, you will have the option, prior to placing an order, to place the Products into storage in our Vault pursuant to clause 8, or otherwise have the Products delivered to you. In the latter’s case, additional charges shall apply and shall be confirmed to you during the order process for the Products.
- We will endeavour to deliver within 21 calendar days of the date of your order or on the advertised delivery date, unless there are exceptional circumstances. However, any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control. If we are unable to deliver your order within 21 calendar days of the date of your order or on the advertised delivery date, we will notify you in writing of the delay.
- In the case of Products which are purchased by you during a pre-selling period, quoted delivery dates shall be from the date of Product launch.
- In the event of a significant delay in delivery, you may cancel your order and receive a full refund.
- We reserve the right to arrange for delivery of any Products ordered by you to be made directly from our third-party suppliers without our direct involvement in the delivery process. In these circumstances, the Terms and Conditions of this Contract will remain between you and us, and your rights under the Contract will not be affected.
- We reserve the right to change any packaging material used and to vary the costs of any packaging materials as may be reasonably necessary.
- You shall notify us within 30 calendar days of the advised delivery date or the date of debit of your payments for the Products, whichever is later, in the event of non-receipt by you of the Products.
- If you fail to take or accept delivery of the Products then, except where such failure or delay is caused by an Event Outside Our Control or our failure to comply with our obligations under the Contract, we shall, subject to clause 8, store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
- Notwithstanding clause 9, should you continue to fail to take delivery of the Products, we may at our sole discretion resell or otherwise dispose of part or all of the Products without prejudice to any other remedy available to us. In such event we shall be under no obligation to obtain the best available price for the Products and shall account to you for the sale proceeds less all outstanding charges, costs and expenses.
- On delivery pursuant to clause 5 or, where applicable, at such time as the Products are put into storage by us pursuant to clause 8, the Products shall conform with the specification set out on our Platform in all material respects. In the event that we provide a sample of the Products to you, such sample is provided solely to enable you to ascertain the quality of the bulk and shall not constitute a sale by sample.
- If you are a consumer, we warrant that the Products shall be of satisfactory quality and fit for any purpose held out by us.
- You shall notify us of any loss or damage in respect of any Products delivered to you under these Terms and Conditions within 30 calendar days after the date of delivery.
- Please note that, in respect of the quality of Historical Products:
- due to the age of the Historical Product, the Historical Product may be subject to minor imperfections; and
- we do not accept the opinions of commercial third-party grading services, and a difference of opinion on the grade of a coin is not acceptable grounds for the return of a Historical Product due to its quality.
- Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- Risk and title
- Subject to clause 8, responsibility of and risk in the Products shall pass to you on delivery. Unless as otherwise provided, delivery is deemed to have taken place once you or a resident of the delivery address provided has taken receipt of the Products and has provided his/her signature to evidence receipt but, if it is not possible to obtain a signature, delivery shall be deemed to have taken place once confirmation as status delivered from our courier as evidenced by way of GPS, photographic or other suitable references.
- Title to the Products passes to you when we have received actual (and not pending) payment in full (in cash or cleared funds) for the Products and sufficient identification and information as stipulated by us from time to time to satisfy UK anti-money laundering regulations. In the case of Products which are purchased and paid for in full by you during a pre-selling period, title to the Products shall not pass to you until Despatch.
- Title to Products sent in error remains with us and does not transfer to you on delivery. We will always check your order before Despatch – however, if an error is obvious, unmistakable and/or could reasonably have been recognised by you as an error, we may request return of the Product. If this is the case, you agree to return the Product to us in accordance with our reasonable instructions. Where we do request the return of the Product, we will specify the method of return and reimburse you for the cost of the return, or alternatively arrange collection of the Product at our expense. Whilst any Product sent in error remains in your possession, you bear all risk in and responsibility for the Product until it has been properly returned to, or collected by, us.
- Storage of Products
This clause 8 applies to the purchase of Bullion Products and Historical Products only.
- At such time as an order for Products is made pursuant to clause 3, you may request that the Products be stored by us at our Vault and, where such request is accepted, we shall store the Products accordingly, until terminated in accordance with clause 5. For the avoidance of doubt, we reserve the right to store Products in any other third-party secure vault(s) as utilised and deemed appropriate by us from time to time – if this is the case, your rights under the Contract will not be affected.
- Subject to clause 2 and the remainder of this clause 8.2, all right, title, interest and property in the Products shall be, and shall remain, vested with you at all times that they are stored by us and we shall cause such Products to be specifically identifiable from metal in any form whatsoever, the title to which is vested in any other person or entity. Our DigiGold Products are provided on a pool-allocated basis as against physical gold bars stored by us at the Vault. Your legal right, title, interest and property in respect of your DigiGold Product(s) shall be over your fractional entitlement to the overall bullion pool as represented by your DigiGold account balance(s).
- Subject to the above and clause 13, risk in the Products shall remain with us at all times whilst the Products are stored by us, and our liability shall terminate when the Products are delivered to, or collected by, you as a result of a request to withdraw the Products (other than in respect of our DigiGold Products) made by you. We shall, at our own expense, insure the Products held in storage against such risks as deemed appropriate by us from time to time. Subject to clause 13, it is understood and agreed that our liability for any loss, damage or destruction of the Products is subject to the maximum amount of our insurance coverage in place from time to time in respect of the Vault (details of such amount shall be made available to you upon request). You hereby confirm your consent to us insuring the Products as referred to herein.
- You shall pay us such service charges and fees for the storage of the Products as set out in our fees’ details information on the Platform (found here) from time to time. The service charges and fees will be payable quarterly in arrears, and we shall send you a quarterly invoice in this regard on the first working day after the expiry of the relevant quarter which shall be payable immediately. At any time after submission of our invoice, we shall debit from your Customer Account an amount equal to the payment due from you to us in connection with such invoice. In the event that the amount of such invoice exceeds the balance in your Customer Account, we may debit the outstanding balance from your Customer Account, and you shall be liable to pay the outstanding balance of the invoice immediately. Details of how our service charges and fees for the Products and their storage are calculated on an on-going basis can be found in our fees’ details information on the Platform.
- The arrangement for storage of the Products shall continue until terminated by either party. Subject to the remainder of this clause 5, termination shall be effected by you in accordance with the process set out on the Platform from time to time (where applicable), and/or by us on not less than 2 working days’ written notice. As soon as reasonably practicable following such termination, except in respect of our DigiGold Products, we shall arrange to make delivery of the Products to you (and the provisions of clause 5 shall apply), subject to prior and immediate payment by you of our outstanding storage charges and fees, and any other fees which you may owe us from time to time, up to the date of termination. For the avoidance of doubt, we shall not arrange delivery or collection of your Products (whether in full or in part) until your Customer Account and/or any other debt balance has been cleared in full. With regard to our DigiGold Products, any termination is effective as if a request to buy back the DigiGold Product(s) has been made by you pursuant to clause 10.
- Price and payment
- Subject to clause 2 and 9.4 below, the price of any Products, services, and storage or delivery (where applicable) will be as quoted on, or calculated by reference to, our website from time to time or the order or request process pursuant to clauses 3, 8.4 and 10.2, except in cases of obvious error (being a manifest or clerical error/typographical error). Subject to clause 9.2 and 9.4 below, the price of any Products purchased via telephone or post will be as advertised from time to time (such prices correct at the time of printing), except in cases of obvious error. These prices include VAT (if applicable, and unless stated otherwise) but exclude delivery costs, which will be added to the total amount due as set out in our invoice. Delivery costs shall be as quoted on the Platform or advertisements (whichever is applicable) from time to time, except in cases of obvious error. Where you are purchasing Products for delivery outside of the UK, you will be responsible for payment of any and all sales taxes and import duties or equivalent, in connection with the sale, importing and delivery of the Products, due and payable in the jurisdiction in which the Products are ordered and/or delivered. For further information on EU deliveries following Brexit in particular, please see here.
- From time to time we may, at our complete discretion, require a non-refundable deposit for certain Products. The timing(s) and amount(s) of a deposit, along with any deposit retention scale(s) in the event of a cancellation of an Order, will be communicated to you in writing before you purchase the relevant Product.
- If we accept and process any order or request where a pricing error is obvious and could reasonably be recognised by you as mispricing, we may end the Contract and refund you any sums you have paid and request the return of any Products provided to you.
- Prices are liable to change at any time because of reasons such as fluctuations in raw material price, and changes in delivery charges, but changes will not affect orders for any Products for which we have already sent you a Despatch Confirmation. If we need to make changes to prices and/or delivery charges, we will contact you using the contact details you provided to us to check whether you still wish to proceed with the order on the basis of the new prices/new delivery charges. No price variations will be applied retrospectively in respect of any orders for Products for which we have already sent you a Despatch Confirmation, but we cannot honour any former advertised prices or delivery charges quoted on the Platform which have subsequently changed, unless we have already issued you with a Despatch Confirmation in respect of those Products ordered by you.
- If you are purchasing Consumer Products or Historical Products:
- Subject to clause 5.4, you can pay for Products ordered via the Platform in full by credit or debit card. A debit card may be used to make a purchase up to a maximum of £50,000, or by using a credit card up to a maximum of £20,000.
- Subject to clause 5.4, you can pay for Products ordered by telephone or post:
(a) In full by cheque (payable to Royal Mint) or credit or debit card (but we will not charge your credit or debit card until we have allocated stock to your order). Cheques are cashed on receipt; or
(b) By instalments through a Royal Mint Interest Free Account. For more information on this Account please contact our Customer Services Team at PO Box 500, Pontyclun, CF72 8WP, telephone 0800 032 2154 or email at email@example.com. Interest free accounts are subject to status and any rules from time to time.
- All payments by credit or debit card will be pre-authorised for the full amount due for payment at the point of order. If we are unable to Despatch the Products within a 10 calendar day period, we will release the pre-authorisation and will debit your credit/debit card on Despatch. Where you have ordered more than one Product, you may request for part of your order to be Despatched before the whole order is ready for Despatch once one or more of the Products ordered is ready for Despatch. You will be responsible for all and any additional delivery costs incurred as a result of your request for part delivery of orders. If the price of Products ordered does vary (as stated in clause 4 above) we will seek your agreement before deducting more than the previously quoted price.
- Please note that, when payment is made by credit and/or debit card, your card provider may charge you a fee for your purchase. You should contact your bank or card issuer to confirm any charges which they may impose before any purchase. We will not be liable to you for any such charges.
- For high value orders, particularly first-time orders, we reserve the right to request alternative forms of payment. For example, any orders which exceed £5,000 may require a bank transfer or banker’s draft.
- You may be required to provide evidence of your source of funds and wealth in relation to any purchase, and we will contact you where this is required. Where we request this, and you are unable or refuse to provide the required evidence, we may return your funds and cancel any purchase.
- If you are purchasing Bullion Products:
- At any time on or after the date and time at which you place an order for the Products, we shall debit from the balance of your Customer Account an amount equal to the payment due from you to us in connection with such order.
- If you fail to make any payment due to us under any Contract then, without prejudice to any
remedies afforded to us, you shall, if called upon by us:
(a) pay the late payment fee of 0.50% of the overdue balance for every month or part month that the balance remains unpaid, whether before or after any judgement; and/or
(b) indemnify us for all losses, charges, costs and expenses (including third party banking charges) which we may suffer or incur as a result of the late payment.
- If you fail to pay us on any due date in respect of any amount due and owing to us under any Contract then, without prejudice to any other rights and remedies afforded to us including those set out in clause 3, we shall be entitled to sell such part of your Products stored in the Vault that are needed to raise funds to enable us to satisfy in full the outstanding payment(s). This clause shall not apply in respect of our DigiGold Products.
- Selling Products back to us
This clause 10 applies to Bullion Products held in the Vault only. This clause does not apply to the sale to us of any products which are not held in the Vault – please see here for more.
- At any time that the Products are held in the Vault, subject to complying with clause 1, you may request that we buy back the Products (or part thereof) from you. For the steps you need to take to place a request to sell on our Platform, simply log into your account and navigate the “Sell from Vault” section.
- Further to your request for buy-back, we will notify you of the price payable offered by us for the Products through the Platform or by telephone. If you accept this offer for the Products, such price shall be binding on the parties on such acceptance, subject to clauses 1 and 9.3.
- In the event that the Products are sold to us, we shall make payment for the Products to your Customer Account within 5 working days, less any outstanding charges due from you to us under these Terms and Conditions.
- Title to the Products shall pass back to us as soon as such payment is made by us to your Customer Account.
- Consumer rights
If you require a model cancellation form under this clause 11, please contact us.
- Subject to clause 3 and 11.4, if you are a consumer, you may cancel the Contract pursuant to the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (Consumer Contract Regulations 2013) at any time within 30 calendar days (being twice the default 14 calendar day “cool off” period required by the Consumer Contract Regulations 2013), beginning on the day after you (or someone you have nominated) received the Product(s). In this case, you will receive a full refund of the full original purchase price paid for the Products along with the delivery charges paid (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) in accordance with our refunds policy (set out in clause 12). You will be responsible for the costs of returning the Products to us and this cannot be refunded unless the Products are confirmed by us to be damaged or sub-standard.
- To cancel a Contract, you must inform us by writing to Customer Services Team, PO Box 500, Pontyclun CF72 8BR, or email us at firstname.lastname@example.org. You must also return the Product(s) (including, for the avoidance of doubt, any free gift or promotional item or special offer associated with the Contract, and which you might otherwise have been entitled to receive and keep pursuant to the Contract had you not elected to cancel it) to us immediately by special delivery to The Returns Department, PO Box 500, Pontyclun CF72 8BR, in the same condition in which you received them, and at your own risk. You must take reasonable care of the Products while they are in your possession.
- Notwithstanding clause 1 you will not have any right to cancel a Contract for the supply of any Products which have been personalised or those Products which cannot be returned for hygiene reasons (unless faulty).
- If you purchase Bullion Products:
- Notwithstanding the Consumer Contracts Regulations 2013, you have no right to cancel the Contract prior to delivery of the Products, or them being placed into storage pursuant to clause 8 (as appropriate).
- In the event of any cancellation by you of the Contract you shall indemnify us for all losses, charges, costs and expenses (including legal expenses) which we may suffer or incur as a result of or in connection with any such cancellation including, without limitation, arising out of any adverse movement of the underlying metal price in respect of the Products. If you are a consumer user, this means you will be responsible for any loss or damage we suffer.
- Our refunds policy
- When you return a Product to us:
- because you have cancelled the Contract between us within the 30 calendar day cooling-off period (see clause 1), we will process the refund due to you including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) within 30 calendar days of the date you have given notice of your cancellation and returned the Product(s) to us;
- because you claim that the Product is defective (including Products which have been personalised), we will examine the returned Product. If we believe that the Products returned by you are not defective, we will notify you in writing within a reasonable period of time. Where the Product is defective, we will provide you with an appropriate remedy in accordance with the Consumer Rights Act 2015, e.g. a refund or replacement.
- If you purchase a Historical Product which you prove to be inauthentic, we will rescind the sale and refund the total amount paid in respect of the Historical Product. This guarantee is non-transferable and lasts for 2 years from the date of despatch of the Historical Product (Guarantee Period). If you are concerned regarding the authenticity of a Historical Product please contacts us by email at email@example.com or by telephone at 0800 032 2154 within the Guarantee Period. Nothing in this clause effects your consumer rights as set out in clause 11.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase, but we reserve the right to refund you by any other reasonable means.
- Should you have any queries in relation to the return of any Products, please contact us by e-mail on firstname.lastname@example.org or by telephone on 0800 032 2154.
- Whilst Products are in your possession, you are expected to take all reasonable care.
- Nothing in the Contract affects your legal rights under the Consumer Rights Act 2015 (also known as your ‘statutory rights’). You may also have other rights in law. For detailed information on your rights, please visit the Citizens Advice website at adviceguide.org.uk, or call 03454 04 05 06.
- When you return a Product to us:
- Limitation of liability
- Nothing in these Terms and Conditions excludes or limits in any way our liability to you for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors (if applicable);
- fraud or fraudulent misrepresentation; or
- any other losses which cannot be excluded or limited by applicable law.
- Subject to clause 1, we will under no circumstances whatsoever be liable to you, whether in
(including negligence), breach of statutory duty, or otherwise, arising under or in connection with
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 1, we shall not be liable to you for any losses arising under these Terms and Conditions to the extent that such loss arises out of or in connection with the natural and inherent ageing, tarnishing, discolouring and/or toning of the Products following delivery pursuant to clause 5.
- Subject to clause 1 and clause 13.2:
- our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products, except in respect of any losses arising under clause 8 of these Terms and Conditions relating to Bullion Products and Historical Products, where total liability shall be limited to the market value of the Products as at the date of the loss arising (subject to clause 3); and
- in the case of Bullion Products and Historical Products, we shall not be liable to you for
arising under these Terms and Conditions to the extent that such loss:
(a)is not covered or is otherwise excluded under our insurance policies in place from time to time pursuant to clause 8. We will furnish you with a copy of our insurance policies relating to the Vault upon request; or
(b)arises out of or in connection with the natural and inherent ageing, tarnishing, discolouring and/or toning of the Products following delivery pursuant to clause 5 or, if requested or required, following storage in our Vault pursuant to clause 8, or as a result of you storing the Products otherwise than in accordance with storage instructions as provided by us on the Site.
- Except as expressly stated in these Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- Nothing in these Terms and Conditions excludes or limits in any way our liability to you for:
This clause 15 only applies if you are a business customer. You may also be subject to other obligations in any separate agreement with us.
- Where you are a retailer or reseller, you hereby agree to market the Products in such a way as to support and reinforce their high quality image and reputation and to operate the highest standards of display appropriate for products of this nature.
- If any of your catalogues, literature, advertisements, brand imagery, photography and other promotional copy (including internet or other electronic material) incorporate references to us, our corporate name or any of our intellectual property or involving the Products, they shall be submitted by you to us for written approval at all stages prior to printing, use or publication. No onward sales of the Products may be made by you by mail order, catalogue or via the internet without our prior written approval. Further, you agree to request in writing from us guidance on the presentation of the Products on any internet site. You shall comply with all guidance issued by us including guidance on page layout, font, colour, file types, security, the use of copyright, material and logo manipulation (Web Design). You cannot use the Web Design or publish it via any internet site without our prior written approval.
- You hereby agree not to market the Products in a manner that is defamatory or detrimental to our reputation, or that of Her Majesty’s Treasury, including, without limitation, our or its goods, services or employees. Furthermore, with regard to any onward sale of the Products by you acting as a retailer or reseller, you shall take all appropriate steps to ensure that the third party purchaser agrees to be bound by the restrictions set out in this clause 15 as if they were an original party to the Contract.
- In the event of any breach of this clause 15 by you, you shall indemnify us for all losses, charges, costs and expenses (including legal fees) which we may suffer or incur as a result of or in connection with any such breach.
- Investment and Tax Advice
- All information contained on or available through the Platform (or which we provide to you by telephone) is for general information purposes only and does not constitute investment advice. Bullion markets can be volatile and the value of bullion may go down as well as up. As such, investments in Bullion Products involve a degree of risk which may make them unsuitable for certain persons. Before making any investment decision, you may wish to seek advice from your financial, legal, tax and/or accounting advisers. You should carefully consider the risks associated with investing in Bullion Products, taking into account your own individual financial needs and circumstances.
- Your legal right, title, interest and property in respect of your DigiGold Product(s) shall be over your fractional entitlement to the relevant overall bullion pool as represented by your DigiGold account balance(s). As our DigiGold Products consist of legal ownership of bullion, they do not constitute a financial instrument for the purposes of Part III of the Financial Services and Markets Act (Regulated Activities) Order 2001, which includes amongst other things securities and units in collective investment schemes.
- We are not tax or legal advisers and any information provided on this Platform (or which we provide to you by telephone) in connection with the tax status of the Products is provided for general information only and should not be relied upon – in particular, the underlying tax legislation is always subject to change. You should obtain any specific advice from your tax and/or legal advisers.
- Third Party Access
For the terms and conditions relating to third party access to your account, please see Opening and Managing your Account.
- When we refer, in these Terms and Conditions, to “in writing”, this will include email.
- If you are a consumer, if you have any query, or in the event of a complaint, please contact our
Services Team at:
Enquiry Number: 0800 032 2154
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
- If you are a consumer, all notices given by you to us must be given to The Royal Mint Limited at email@example.com or Customer Services Team, PO Box 500, Pontyclun, United Kingdom CF72 8WP. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or 3 calendar days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with a Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received if
(a) delivered personally, when left at our registered office;
(b) sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting;
(c) sent by e-mail, one working day after transmission; or (d) if posted on our Platform, immediately.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Self-Invested Personal Pension Scheme (SIPP)
This clause 20 applies to the purchase of Bullion Products only.
- This clause 20 only applies to any application or transaction made in respect of a SIPP.
- For the purposes of a SIPP reference in these Terms and Conditions to the customer includes, where relevant, any trustee of a SIPP as well as any SIPP member.
- Any gold Bullion Product purchased by a SIPP must be of investment grade defined by HMRC as “gold of a purity not less than 995 thousandths that is in a form of a bar or a wafer of a weight accepted by the Bullion market” or any successor definition(s) by HMRC. Therefore, only such Products on our Platform are available to be purchased by a SIPP.
- A SIPP shall not be permitted to elect for the delivery of Products, so any Products purchased shall instead be held in storage pursuant to clause 8 until such time as we buy back the Products from you pursuant to clause 10. The other provisions of these Terms and Conditions shall therefore be construed accordingly.
- You, as the SIPP provider, have the ability to provide separate accounts within your designated SIPP Account on our Platform in order that SIPP members can direct you to buy and sell gold within the SIPP using the funds that you have prefunded on their behalf. Alternatively, the SIPP provider can elect for the SIPP member to buy and sell gold within the SIPP through the Platform.
- Clause 1 and 2.2 shall not apply.
- The SIPP member authorises us to provide such information about any SIPP investments or monies held by us to any relevant SIPP trustee, and to make any payments or enter into any transactions upon demand by any relevant SIPP trustee without any requirement to consult with the SIPP member.
- The liability of any SIPP to us is limited to the assets of the relevant SIPP at any given time.
- You shall promptly notify us of any change to your contact details during the term of the Contract.
- You may not assign the Contract or any part of it without our prior written consent. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
- Subject to clause 1:
- We will have no liability to you under these Terms and Conditions if we are prevented from, or delayed in, performing our obligations under these Terms and Conditions by anything outside our reasonable control including, but not limited to the following (each an Event Outside Our Control): strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government.
- If an Event Outside Our Control takes place that affects the performance of our obligations
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of our rights under the Contract.
- If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- These Terms and Conditions, and any other terms and conditions which apply to you, represent the entire agreement between you and us in relation to the subject matter of any Contract.
- A person who is not a party to this Contract shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999, save that if The Royal Mint’s legal status as a government owned company changes, any rights we have may be assigned by us automatically to any successor body without restriction and any such successor body may exercise rights under the Contract as if it was a party to it.
- We have the right to revise and amend these Terms and Conditions from time to time by posting revised Terms and Conditions on the website. The revised Terms and Conditions will apply in respect of any order for Products made 24 hours or more after we have posted them on our website. If you do not agree to our revised Terms and Conditions as posted on our website, please do not order Products from us.
- This Contract will be governed by the laws of England and Wales. Any dispute arising from, or related to, this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Last updated on 10/05/2022.