Terms of service

Terms of Service

1. About us

This website is operated by David Byrne trading as THINGS. (“THINGS.”, “we”, “us” or “our”).

We operate the website wehavethings.co.uk, through which we offer a curated selection of products including pre-owned, vintage and collectable items.

Our online store is powered by Shopify.

These Terms of Service (“Terms”) apply when you access our website or purchase goods from us. Please read them before placing an order.

Nothing in these Terms affects your statutory rights as a consumer.

2. Using our website

You may use our website only for lawful purposes.

You must not misuse the website, knowingly introduce viruses or other malicious material, attempt to gain unauthorised access to the website or systems connected to it, or use the website in a way that infringes the rights of another person.

We may suspend or restrict access to the website where reasonably necessary for security, maintenance or to prevent misuse.

3. Our products

Many of the products sold by THINGS. are pre-owned, vintage, collectable or otherwise not new.

As a result, items may show signs of age, storage, previous ownership or use. These characteristics do not necessarily constitute faults.

We take reasonable care to describe and photograph each individual item accurately and aim to identify significant wear, damage, alterations or imperfections that we observe.

Please read the complete product description and review all available photographs before placing an order.

The photographs form part of our presentation of the item, although the appearance of colours may vary slightly depending on your screen or device.

Nothing in these Terms excludes our legal responsibility to provide goods that conform to the contract, including applicable statutory requirements concerning satisfactory quality, fitness for purpose and correspondence with their description.

4. Condition ratings and grading

Some products may be given a THINGS. condition rating or grade as a convenient guide to our assessment of their overall condition.

Condition ratings are made in good faith following our inspection of the item and necessarily involve an element of subjective judgement.

Unless we expressly state otherwise, a THINGS. condition rating is our own assessment. It is not an independent or professional grading, authentication, appraisal or certification.

A condition rating does not replace the individual product description or photographs. Where we identify significant defects, wear or damage, we aim to disclose these separately.

If you require further information about the condition of an item or would like additional photographs before purchasing, please contact us.

5. Product authenticity and attribution

Where we describe an item's maker, manufacturer, team, artist, period, date, origin or other characteristic, we take reasonable care to ensure that the information provided is accurate.

Where information is uncertain, based on available evidence, or represents our assessment rather than a confirmed fact, we will aim to make this clear in the product description.

Nothing in this section limits your statutory rights where goods are not as described.

6. Prices

All prices are displayed in pounds sterling (GBP).

The price payable is the price displayed when you place your order, together with any applicable delivery charges shown during checkout.

We are not currently registered for VAT and therefore do not separately charge VAT.

Prices may change from time to time, but a change will not affect an order that we have already accepted.

7. Orders and formation of the contract

When you submit an order, you are offering to purchase the goods shown in your order.

Receiving an automated order acknowledgement does not necessarily mean that we have accepted your order.

A contract between you and us is formed when we confirm that your order has been accepted or when we dispatch the goods to you, whichever occurs first.

We may decline or cancel an order before acceptance where there is a reasonable reason to do so, including where:

an item is no longer available;
we discover a material error in its price or description;
we are unable to obtain authorisation for payment;
we reasonably suspect fraud or unauthorised use of a payment method; or
we are unable to deliver to the address provided.

If we cancel an order after you have paid but before a contract has been formed, we will refund any amount you have paid.

Because much of our stock consists of individual or one-off items, availability cannot always be guaranteed until an order has been accepted.

8. Pricing and listing errors

We take reasonable care to ensure that product information and prices are accurate.

Occasionally, an obvious error may occur in a listing, description or price.

If we identify a material error before accepting your order, we may contact you to explain the error and give you the opportunity to place an order using the corrected information, or we may decline the order and refund any payment already taken.

We will not use this provision simply because we later decide that we could have charged more for an item.

If an error means that goods supplied to you do not conform to the contract, your statutory rights remain unaffected.

9. Payment

Available payment methods will be displayed during checkout.

You must provide accurate and complete payment and billing information and must be authorised to use the payment method provided.

Payment may be processed by Shopify or another payment provider. Their own terms and privacy practices may also apply to their processing of your payment.

10. Delivery

We currently deliver to addresses within the United Kingdom.

Available delivery services, charges and estimated delivery times are displayed during checkout and/or in our Shipping Policy.

Delivery times are estimates unless we expressly agree otherwise.

We will take reasonable steps to deliver your order within the stated timeframe. Where no different delivery period has been agreed, applicable consumer law requires delivery without undue delay and normally within 30 days of the contract being made.

We remain responsible for the goods while they are being delivered to you. Risk normally passes to you when you, or a person identified by you to receive the goods, takes physical possession of them.

Different rules may apply if you independently arrange a carrier that we did not offer as a delivery option.

If a parcel is lost or damaged before risk passes to you, please contact us so that we can investigate and, where appropriate, provide the remedy to which you are entitled.

11. Your right to cancel

For eligible online purchases, you have a statutory right to change your mind.

You must tell us that you wish to cancel within 14 days after the day on which you receive the goods. You then have a further 14 days to return the goods after notifying us.

Full information about cancellations, returns, return postage and refunds is contained in our Return & Refund Policy, which forms part of these Terms.

Our online store may also provide a facility to request cancellation during the first one hour after placing an order. This is intended to make early cancellations easier and does not restrict or replace your statutory cancellation rights.

Certain goods are legally exempt from the statutory right to cancel. Where an exemption applies to something we sell, we will make this clear where appropriate.

12. Returns and refunds

Returns and refunds are handled in accordance with our Return & Refund Policy and applicable UK consumer law.

For an eligible change-of-mind cancellation, you are responsible for the direct cost of returning the goods to us.

Where applicable, we will refund the price paid together with the cost of our standard delivery service. If you chose a more expensive delivery service, we are not required to refund the additional amount above our standard delivery cost.

Different arrangements apply where goods are faulty, damaged, incorrect or not as described.

Nothing in our Return & Refund Policy or these Terms limits the remedies available to you under applicable consumer law.

13. Handling returned goods

You may inspect and handle goods to the extent reasonably necessary to establish their nature, characteristics and condition, in a similar way to how you might examine goods in a shop.

Where permitted by law, we may make an appropriate deduction from a refund if the value of an item has been reduced as a result of handling beyond what was reasonably necessary.

This does not affect your rights where goods are faulty or not as described.

14. Faulty or misdescribed goods

Your statutory rights apply to goods purchased from THINGS., including pre-owned and vintage goods.

Goods must conform to the contract and meet the standards required by applicable consumer law.

When assessing the condition and quality that may reasonably be expected of a pre-owned or vintage item, relevant circumstances may include its age, price, description and any defects or characteristics specifically brought to your attention before purchase.

A defect specifically disclosed to you before purchase will therefore be taken into account when assessing whether the goods conform to the contract.

Please contact us if you believe an item is faulty, damaged, incorrect or materially different from its description.

15. One-off and collectable items

Much of our stock consists of individual, discontinued, vintage or otherwise difficult-to-replace items.

As a result, where a product needs to be returned because of a problem, an identical replacement may not be available.

Where replacement is not possible, this does not remove any other remedy to which you are entitled under consumer law, which may include a refund or price reduction depending on the circumstances.

16. Intellectual property

Unless otherwise stated, the content created for this website by THINGS., including our original text, branding, graphics, photographs and website content, belongs to us or is used by us with permission.

You may use the website and its content for your own personal, non-commercial purposes.

You must not reproduce or commercially exploit our original website content without permission, except where permitted by law.

Product names, club names, manufacturer names, logos, characters, artwork and other intellectual property appearing on items we sell may belong to their respective rights holders. The sale of an item featuring third-party intellectual property does not imply that THINGS. owns that intellectual property or is affiliated with, sponsored by or endorsed by the relevant rights holder unless we expressly state otherwise.

17. Third-party links and services

Our website may contain links to websites or services operated by third parties.

We are not responsible for third-party websites that we do not operate or control. Their own terms and privacy policies may apply when you use them.

Nothing in this section excludes responsibility that we cannot lawfully exclude.

18. Shopify

THINGS. is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with THINGS.

Shopify is not the seller of the products offered by THINGS. and is not responsible for fulfilling your order or dealing with your statutory rights as the purchaser of those goods.

Your use of functionality provided directly by Shopify may also be subject to Shopify's applicable terms and privacy policies.

19. Personal information

We process personal information in accordance with our Privacy Policy.

Shopify and other service providers may process personal information on our behalf in order to operate the store, process payments, fulfil orders and provide related services.

Please see our Privacy Policy for further information.

20. Reviews and other content you provide

If you submit a review, comment, photograph or other content to us or through functionality provided on our website, you must have the right to provide that content.

You must not knowingly submit content that is unlawful, defamatory, fraudulent, infringing or malicious.

Where you provide content for publication, you grant us permission to display and use that content in connection with operating and promoting THINGS., unless otherwise agreed.

We may remove content where we reasonably believe it is unlawful, infringes another person's rights, is fraudulent or is otherwise inappropriate for publication.

21. Our responsibility to you

We do not exclude or limit our liability where it would be unlawful to do so.

In particular, nothing in these Terms excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory rights in relation to goods.

We are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

If you are purchasing as a consumer, we are not responsible for business losses such as loss of profits, loss of business, loss of business opportunity or business interruption that arise from your use of products purchased primarily for personal purposes.

22. Events outside our reasonable control

We will not be responsible for a delay or failure to perform our obligations where this is caused by circumstances genuinely outside our reasonable control.

If such an event materially affects an order, we will contact you as soon as reasonably possible and take reasonable steps to minimise the effect.

This section does not affect any right you may have to cancel the contract or receive a refund under applicable law.

23. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to our business, website or applicable law.

The Terms that apply to your purchase will normally be those in effect when the contract between you and us is formed.

Changes made afterwards will not retrospectively reduce your contractual or statutory rights in relation to an existing order.

24. If part of these Terms is invalid

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.

25. Governing law and disputes

These Terms and contracts between you and us are governed by Scots law.

If you are a consumer resident elsewhere in the United Kingdom, you will also retain the benefit of any mandatory consumer protections that apply to you.

Nothing in these Terms is intended to prevent you from bringing proceedings in a court available to you under applicable consumer law.

If you have a problem with an order, please contact us first and we will try to resolve it.