Terms & Conditions

Welcome to the Carnabys Terms & Conditions. We may update these Terms from time to time and will do so on our Website. You should review them periodically for changes. Prior to placing an Order, you should review these Terms & Conditions and those of the Retailer from whom you are purchasing.

By using the Website you agree to be bound by these Terms (including all other policies referenced herein). If you do not agree to these Terms, please do not use the Website.

Carnabys selects Retailers whose Products match its approach to sustainability and allows them to offer their Products for sale directly on the Website in return for the payment of a commission that is not charged to you.

You should retain a copy of these Terms for future reference.

Agreed Terms

  1. About us
    1. Company details. Carnabys is a trading name of Maxfreddie Ventures Limited (company number 14668987) (we and us), is a company registered in England and Wales and our registered office is at 4 Anglo American Laundry, London SW17 0JS. Our VAT number is GB 435 9079 69. We operate the website www.carnabys.shop.
    2. Contacting us. To contact us email our customer services team at info@carnabys.shop.
    3. Contacting you. If we have to contact you, we may do so by email to the address you provided when you went through the checkout process on the Website or that is registered on your Account from time to time.
  2. Definitions
    1. When we use certain capitalised words in this Contract, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined.
    2. “Account” means your account for Carnabys, which is created when you register with Carnabys by completing the registration process on the Website.
    3. “Contract” means the contract for the sale and purchase of the Products between you and the relevant Retailer (as identified on a Product’s listing and your Order confirmation email), which incorporates these Terms.
    4. “Listings” means a summary on the Website of Products containing, without limitation, an image of the Product, a description of the Product and a statement of the then current price of the Product.
    5. “Order” means your order for the purchase of Product(s) from a Retailer that you place via the Website.
    6. “Products” means the Retailer’s goods, which it offers for sale via the Website from time to time.
    7. "Retailer” means the independent brand for whom we:
      1. market, promote and publish Products through the Website; and
      2. accept and process Orders from end-users of the Website for those Products, as described in these Terms.
    8. “Returns Policy” the policy detailing how and when you can return any Products you have Ordered and incorporated into these Terms by reference.
    9. “Terms” means the terms and conditions set out on this page, together with the Carnabys policies referenced herein (e.g., Returns Policy).
    10. “Website” means www.carnabys.shop (including its subdomains) and any other associated applications or website owned and/or operated by Carnabys from time to time.
  3. Background to these Terms and Conditions
    1. Legally binding. Please review this Contract carefully and make sure that You understand it before using the Website and/or making an Order. This Contract constitutes a legally binding agreement between:(a) in the context of your use of this Website, you and us; and (b) in the context of the contract for your purchase of Products, you and the relevant Retailer who is the producer/seller of those Products. As described more fully below. We conclude this Contract on the relevant Retailer’s behalf acting as their agent.
    2. Consumers only. The Products and other services offered via this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting the terms in this Contract you confirm to us that you are a consumer and not acting in the course of a business.
  4. How does Carnabys work?
    1. We operate the Website as an electronic marketplace platform, and we allow you to make Orders to pay for Products through the Website and have the Product(s) delivered to the address you specify.
    2. The Contract is between you and the relevant Retailer, not us. You are buying the Products from the Retailer, not us. However, we are authorised to act as the agent of our Retailers (who act as principal) to conclude and enter into the Contract with you.
    3. We are simply the intermediary marketing and promotions platform which facilitates your making Orders with Retailers and your payment for that Order.
    4. To the extent they are incorporated into the Contract, you should read references to "we”, “our” and “us” in these Terms as references to the relevant Retailer from whom you Ordered the Products.
    5. In our agreements with them, we require Retailers to ensure the Products they make available comply with applicable UK laws and regulations.
    6. We aim to use the Listings to give you the information you need to know about the essential characteristics of the Products. Although we try to make sure they are as faithful as possible to the real thing, any images shown in the Listings are for illustrative purposes only – given the digital method of presentation it is possible that your perception may not exactly match the relevant Product itself. Although we have made every effort to be as accurate as possible, any Products which are handmade may vary, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
    7. The packaging of your Products may vary from that shown on images on the Website.
  5. Placing an Order and its acceptance
    1. Placing your Order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Products specified in the order (Products) subject to these Terms.
    2. Correcting input errors. Our order process allows you to check and amend any errors before submitting your Order to us. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.
    3. Acknowledging receipt of your Order. After you place an Order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Order has been accepted.
    4. How the Contract is formed. The Contract is formed when the relevant Retailer confirms to us that it has the relevant Products in stock and we send you an Order confirmation email to that effect. We will send you that Order confirmation email to the email address you used during the checkout process.
    5. If we cannot accept your Order. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
    6. If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Product cannot be posted through your letterbox, our Retailer may leave you a note informing you of how to rearrange delivery or collect the Product. Please note that the delivery company may leave your parcel with a neighbour – you will be advised of this on the calling card.
    7. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Product our Retailer may contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, our Retailer is unable to contact you or re-arrange delivery or collection we may end the Contract.
    8. When you become responsible for the Product. A Product will be your responsibility from the time the Product is delivered to the address you gave us.
    9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  6. Rights to make changes
    1. Minor changes to the Products. Our Retailers may change the Product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements.
    2. More significant changes to the Products and these terms. In addition, as we informed you in the description of the Product on our Website, we may make the following changes to these Terms or the Product, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
  7. Your rights to make changes.
    1. If you wish to make a change to the Product you have ordered please contact us immediately. We will let you know if the change is possible although this will depend on the Retailer. If it is possible the Retailer will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  8. Accounts
    1. Although you can go through the Order process as a guest, you may choose to register for an Account. In which case you will have to provide certain information about yourself as prompted during the account registration process on the Website.
    2. If you do create an Account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
    3. You can delete Your Account at any time, for any reason, by following the Account deletion instructions within the Privacy Policy on the Website.
    4. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.
    5. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.
  9. Images of the Products
    1. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
  10. Return and refund
    1. Our Returns Policy details how and when you can return any Products you have Ordered and is incorporated into these Terms by reference. We have set out our Returns Policy on a separate page to ensure that all necessary information is presented on a standalone page, in a clear and accessible form – however, the contents of this page do not affect any rights you may have at law.
  11. Cancelling your Order
    1. As you are purchasing the Products online you have a legal right to change your mind within fourteen (14) days from delivery of the Products and receive a refund (including costs of delivery but excluding the costs of return). However, this cancellation right does not apply in the case of:
      1. Any Products that are sealed (this includes any items such as underwear, which may come with a hygiene strip) and that are not suitable for return due to health protection or hygiene reasons if they become unsealed, which become unsealed after delivery;
      2. Any Products which become mixed inseparably with other items after their delivery.
  1. To cancel the Contract, you must complete the Contact Us form on our Website. If you use this method we will email you to confirm we have received your cancellation. Please note: if you cancel an order that has been dispatched you are obliged to pay the cost of the return shipping; we are unable to refund this or the original shipping fee.
  2. You can also email us at info@carnabys.shop. If you are emailing us, please include details of your Order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.
  3. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products and will refund you on the credit card or debit card used by you to pay.
  4. We will discharge the relevant Retailer’s obligations to you in this regard acting as their agent.
  1. Delivery
    1. Your shopping basket on the Website displays the Product you have chosen, the Retailer who shall provide them and details of postage and packing. The delivery costs for each Retailer vary according to the delivery methods they offer. Any delivery times quoted are in working days.
    2. Where you choose to have them delivered, the Products you Order will be delivered by Retailers using a third party courier service. Please note that any estimated delivery dates displayed on the Website, or in any confirmation email or webpage, are simply estimates – they do not represent a guarantee that the Products will arrive by that delivery estimate. Furthermore, where parcels are held by customs clearance agencies, there may be significant delays to delivery. Unfortunately, these delays are beyond our control and we cannot accept responsibility for them. If you do not receive a delivery in time, you may cancel your Order in accordance with the cancellation policy detailed below, as well as the practices described in your Returns Policy.
    3. If you Order Products for delivery to a location outside the UK, those Products may be subject to import duties, taxes, and potentially other fees which are levied when the delivery reaches the specified destination. You (and not us, nor the relevant Retailer) will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information. Depending on the postal services used by the brand, you will have either an option to pay any additional fees online by following the tracking number available once your order is shipped or directly to your courier upon delivery. NB: you will be required to pay these import taxes before your order will be released to you. Unfortunately, if you fail to pay any charges and the parcel is returned to sender, we will not be able to refund your order.
    4. Occasionally delivery to you may be affected by an Event Outside Our Control. See clause (Events outside our control) for our responsibilities when this happens.
    5. Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and the Products will be at your risk from that time.
  2. Price of Products
    1. The prices of the Products will be as quoted on our Website at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the platform.
    2. Prices for our Products may change from time to time, but changes will not affect any Order you have already placed.
    3. The price of Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. The price of the Products does not include delivery charges. The delivery charges are as advised to you during the check-out process before you confirm your Order.
    5. We sell a large number of Products through our Website. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
      1. where the Products' correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you; and
      2. if the Products' correct price is higher than the price stated on our Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. However, if we mistakenly accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
    6. How to pay You can pay for Products using 
      1. a debit card or credit card. We accept the following cards - Visa, Mastercard, Maestro, AmEx
      2. the following accelerated checkout methods – Shopify Pay, Apple Pay and Google Pay.
      3. Paypal
    7. Manufacturer's guarantee
      1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
    8. Exclusion
      1. The terms implied by sections 13 to 15 of the Sale of Products Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
      2. These Terms also apply to any repaired or replacement Products supplied by us to you.
    9. Our liability: your attention is particularly drawn to this clause
      1. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time this Contract is entered into, both we and you knew it might happen.
      2. Our Website is provided “as is”. To the fullest extent that we are permitted to do so, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable law.
      3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, Retailers, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
      4. We are not liable for business losses. We only supply the Products for to you for domestic and private use.
      5. We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
        1. any loss of profits, sales, business, or revenue; or
        2. loss or corruption of data, information or software; or
        3. loss of business opportunity; or
        4. loss of anticipated savings; or
        5. loss of goodwill; or
        6. any indirect or consequential loss.
      6. Our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 50% of the price of the Products.
      7. Except as expressly stated in these Terms, 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 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.
    10. Intellectual Property Rights
      1. The Website, and its general structure and contents, are protected by intellectual property rights (including in particular all copyrights, patent rights, trademarks, designs, models, databases, domain names and any other existing or future national and/or international intellectual property rights) and are our exclusive property. The use of the Website does not in any way confer on you any ownership or intellectual property rights in the Website. We do not assign or grant any rights to the Website to you, with the exception of a limited, free and non-exclusive personal right to access and use the Website. You must not represent, reproduce and/or exploit the Website, in whole or in part, in any form and by any means whatsoever, without our prior written consent. You undertake not to use the Website, other than within the limits authorised by these Terms.
      2. You further undertake not to perform one or more of the following acts, nor to allow a third party or authorise a third party to perform one or more of the following acts: (i) copy, modify, assemble, alter, sell, rent, lease, loan, distribute, distribute or transfer the Website, (ii) disassemble, decompile or reverse engineer the source code of the components of the Website, (iii) extract and/or reuse, in any manner whatsoever and on any medium whatsoever, the content of the Website, without our prior written consent.
    11. How we may use your personal information
      1. We will use the personal information you provide to us in accordance with our Privacy Policy.
    12. Termination
      1. We may change or discontinue the availability of the Website and at any time without prior notice.
      2. Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
        1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
        2. you fail to pay any amount due under the Contract on the due date for payment;
      3. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
      4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
    13. Events outside our control
      1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
      2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
        1. we will contact you as soon as reasonably possible to notify you; and
        2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
      3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
    14. Product unavailability.
      1. In case of unavailability of Products before or after Order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
    15. Communications between us
      1. When we refer to "in writing" in these Terms, this includes email.
      2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing by email.
      3. A notice or other communication is deemed to have been received, if sent by email, at 9.00 am the next working day after transmission.
      4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    16. Viruses, hacking and other offences
      1. You must not misuse our Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
      2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
    17. General
      1. Assignment and transfer.
        1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on our Website.
        2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
      2. Variation. From to time to time, we may make changes to these Terms. If we do so, we will:
        1. post those changes in an updated version of these Terms on the Website; and
        2. the Terms (as incorporated into the Contract) that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless we have notified you of a change to the Terms that apply and will materially affect your Order and you have confirmed that you wish to proceed with your Order. 
      3. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
      4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
      5. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
      6. Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
    18. Governing Law and Jurisdiction
      1. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.