Terms and conditions of use

HEAVYTEX Terms and Conditions of Sale

Final version — 24 September 2026

These Terms and Conditions of Sale apply to Orders placed on the Website under the conditions set out below.

Article 1 — Definitions

For the purposes of these Terms and Conditions of Sale (“Terms”), the following terms, when beginning with a capital letter, shall have the meanings set out below:

“HEAVYTEX” or “Seller”: means HEAVYTEX SAS, the company selling the Products offered on the Website.

“Website”: means the heavytex.com website operated by HEAVYTEX.

“B2B Customer”: means any professional customer who has applied to open a Business Account with HEAVYTEX and whose application has been approved by HEAVYTEX.

“B2C Customer”: means any non-professional customer acting as a consumer and having access to the Website without first applying to open a Business Account.

“Customer”: means either a B2B Customer or a B2C Customer where these Terms apply to both categories.

“Business Account”: means the account providing access to the pricing and commercial terms reserved for B2B Customers, after approval by HEAVYTEX of the account application.

“Product” or “Products”: means any textile item, garment, accessory or other product offered for sale on the Website.

“Order”: means any order for Products placed on the Website by a Customer and becoming final following validation and confirmation of full payment.

“Business Day”: means a day from Monday to Friday, excluding public holidays in France.

“Customization Provider”: means any independent professional selected by the Customer to carry out printing, embroidery, screen printing or any other alteration or customization of the Products, without such Customization Provider acting on behalf of HEAVYTEX unless expressly stated otherwise.

“Carrier”: means the service provider responsible for transporting and delivering an Order to the Customer or to a third party designated by the Customer.

Article 2 — Seller and Scope

These Terms govern Orders for Products placed on the Website with HEAVYTEX, a French simplified joint-stock company (société par actions simplifiée) with share capital of €10,000, whose registered office is located at 14 avenue Georges Clemenceau, 94300 Vincennes, France, registered with the Créteil Trade and Companies Register under number 105 298 327 R.C.S. Créteil, SIRET number 105 298 327 00013, intra-Community VAT number FR40105298327.

HEAVYTEX sells through the Website to both B2C and B2B Customers. Provisions expressly reserved for one category shall not apply to the other. These Terms apply to Orders placed and paid for through the Website. They are made available before validation of the Order; validation of the Order constitutes acceptance of the applicable Terms. Orders entered into outside the Website shall only be governed by these Terms where the parties expressly agree.

Article 3 — Products, Availability and Samples

The Website offers textile Products that are in stock. The essential characteristics, including available references, sizes, colours and compositions, are specified on the product pages. Displayed availability may change until the Order is effectively validated. No unavailable Product is intentionally offered for pre-order or back order.

If, despite stock controls, an ordered Product proves exceptionally unavailable, HEAVYTEX shall inform the Customer as soon as possible and, depending on the circumstances, offer an appropriate solution or refund the affected part of the Order.

Samples may be offered to B2B Customers. They are chargeable unless otherwise stated or agreed. Photographs and descriptions are intended to assist Customers in selecting Products without excluding expressly agreed characteristics or any applicable statutory warranties.

Article 4 — Accounts and Orders

The Customer shall provide the information required for the Order and verify its accuracy, including the Customer’s status, billing details and delivery details. B2B Customers place and pay for Orders online in accordance with the Business Account assigned to them. No general minimum Order value applies to B2B Customers unless expressly stated otherwise for a specific Product.

Before making payment, the Customer may review the details and total price of the Order and correct any errors. The Order is only recorded once it has been validated and full payment has been confirmed. Confirmation is sent to the email address provided by the Customer.

HEAVYTEX may refuse or cancel an Order for legitimate reasons, including fraud or attempted fraud, a payment incident or irregularity, a material inability to fulfil the Order, an obvious error affecting the Order or a previous unresolved dispute, subject to the mandatory rights of B2C Customers.

Any request by a B2B Customer to amend or cancel an Order after payment is subject to the prior approval of HEAVYTEX. Such request may be refused if preparation or dispatch has already begun. This provision does not affect the statutory right of withdrawal available to B2C Customers.

Article 5 — Prices and Payment

B2C prices are displayed inclusive of all taxes (VAT included). B2C volume pricing may apply according to the quantities and conditions displayed. B2B prices are displayed excluding tax according to the approved Business Account, without B2B volume-based price reductions. Applicable taxes and delivery charges are shown before the Order is validated.

Prices may change for future Orders. The applicable price is the price displayed at the time the Order is validated, subject to any obvious pricing error. Where an obvious error results in a price that is clearly disproportionate or inconsistent, HEAVYTEX shall inform the Customer and offer either confirmation of the Order at the correct price or cancellation and reimbursement of the amounts paid.

The total price must be paid in full online using the payment methods offered during checkout. No Order will be dispatched before payment has been confirmed.

Article 6 — Delivery

HEAVYTEX delivers to the destinations offered during checkout, including mainland France and the European Union. The Carriers, available services, charges and delivery times applicable to the address provided are shown to the Customer before validation of the Order.

The Customer may request that the Order be delivered directly to the Customization Provider of their choice. Such delivery does not constitute a customization service performed or supervised by HEAVYTEX.

For B2B Customers, delivery is free for Orders of €1,000 excluding VAT or more, solely for deliveries within continental France. This free-delivery threshold does not apply to Corsica or other destinations.

6.1 — Preparation and Dispatch

Subject to Products being in stock, any Order validated and paid for before 10:00 a.m. on a Business Day shall be prepared and dispatched on the same day under the conditions indicated when the Order is placed.

For express deliveries, an Order containing fewer than twenty (20) references and validated and paid for before 2:00 p.m. on a Business Day may be prepared and dispatched on the same day when the Customer selects an express service providing next-day delivery. This rule applies to both B2B and B2C Customers.

Orders placed on a Saturday, Sunday or public holiday are processed and dispatched on the next Business Day.

The cut-off times stated in this Article relate to preparation and dispatch of the Order and do not, in themselves, guarantee delivery by a particular time. Delivery also depends on the service selected, destination eligibility and the Carrier’s terms and conditions.

6.2 — Transportation

For B2C Customers, the Chrono 18 service provides, for eligible destinations, delivery on the day following dispatch before 6:00 p.m..

For B2B Customers, the Chrono 13 service provides, for eligible destinations, delivery on the day following dispatch before 1:00 p.m..

Where the conditions set out in Article 6.1 are met, an express Order validated and paid for before 2:00 p.m. on a Business Day may therefore be dispatched on the same day for delivery on the following Business Day according to the selected service.

Chronopost delivery times and service commitments remain subject to destination eligibility and the Carrier’s terms and conditions, particularly for Corsica, remote areas or locations that are difficult to access.

With DPD France, transportation generally takes approximately 24 to 48 hours following dispatch.

For deliveries within Europe, delivery times vary depending on the destination country and postcode and are approximately 72 hours following dispatch, depending on the destination. A more accurate estimate may be obtained using the country and postcode through the Carrier’s official calculator.

Transportation time is separate from the time required to prepare the Order. For B2C Customers, the delivery date or timeframe communicated when the Order is placed, together with the statutory rights applicable in the event of delayed or failed delivery, shall remain applicable.

6.3 — Address, Tracking and Transfer of Risk

The Customer is responsible for the accuracy and completeness of the address and other delivery information provided when placing the Order.

Where an error or incomplete information attributable to the Customer makes delivery impossible or requires a new shipment, the cost of the new shipment shall be borne by the Customer. The amount shall be communicated to the Customer before reshipment.

The “delivered” status communicated by the Carrier constitutes the operational reference used by HEAVYTEX to track the Order and initiate its internal procedures. The Customer may challenge this status by providing any relevant supporting evidence.

For B2C Customers, this operational reference does not replace the statutory rules governing delivery and transfer of risk. Risk transfers when the B2C Customer, or a third party designated by the B2C Customer, takes physical possession of the Products, subject to any specific statutory provisions applicable where the B2C Customer independently selects a Carrier that was not offered by HEAVYTEX.

Article 7 — Receipt, Issues and Order Preparation Errors

The Customer is advised to inspect the apparent condition of the parcel and Products upon receipt. Any parcel that is visibly open or torn should be refused to the Carrier and immediately reported to returnorder@heavytex.com, together with a description of the issue, photographs and any available supporting documents.

In the event of a damaged parcel or merchandise, a missing item or any other issue, the Customer is advised to make precise and substantiated reservations with the Carrier and then send returnorder@heavytex.com the Order reference, a description of the issue, photographs and any available supporting documents.

To enable prompt handling of transportation incidents and immediately visible errors, HEAVYTEX requests that they be reported within 48 business hours following receipt. This timeframe is an operational procedure and does not reduce the Customer’s statutory rights.

For B2B Customers, any apparent issue, incorrect reference, size, colour or quantity that has not already been reported within the operational timeframe above must be notified to HEAVYTEX no later than five Business Days following delivery and, in all cases, before any printing, embroidery, dyeing, washing, cutting or other alteration. This contractual period concerns apparent issues that could reasonably be detected and does not deprive the Customer of any remedies applicable to latent defects or any right that cannot lawfully be waived.

Where an order preparation error is attributable to HEAVYTEX, HEAVYTEX shall provide instructions, supply a return label where necessary and arrange correction and reshipment at no additional cost to the Customer.

A B2B Customer wishing to preserve any remedies against the Carrier should also take into account Article L. 133-3 of the French Commercial Code: where that provision applies, a reasoned protest must be made to the Carrier within three days following receipt, excluding public holidays. A simple email sent to HEAVYTEX does not necessarily replace this formality. This information does not limit any remedies arising from the sale against HEAVYTEX.

Article 8 — Return Requests and Exchanges

Any return request must first be submitted to HEAVYTEX at returnorder@heavytex.com. No Product should be returned spontaneously to an address that has not been provided by HEAVYTEX. After reviewing the request, HEAVYTEX shall inform the Customer of the practical arrangements and, where necessary, provide a return label. This procedure does not condition the exercise of the statutory right of withdrawal: an unambiguous declaration sent within the statutory period is sufficient.

Unless a statutory right requires a different solution, returned Products must be in a condition allowing them to be inspected and, for accepted commercial returns or exchanges, must in particular be unworn, unwashed, unprinted, unembroidered, undyed, uncustomized, unaltered and, where relevant, in a condition allowing them to be resold.

Where the return or exchange is requested by the Customer other than as a result of an error attributable to HEAVYTEX or a statutory warranty, the Customer shall bear the return costs. If an exchange is accepted, the cost of the new shipment shall also be borne by the Customer and shall be communicated before reshipment. The conditions applying to B2C withdrawal are set out in Article 10.

Article 9 — Returns by Professional Customers

A B2B Customer purchasing through the Website for professional purposes does not benefit from the right of withdrawal reserved for B2C Customers. Except in the event of an error attributable to HEAVYTEX, non-conformity or any other statutory right, any commercial return request must be submitted to HEAVYTEX at returnorder@heavytex.com within 14 calendar days following delivery and remains subject to the prior approval of HEAVYTEX.

If the request is accepted, HEAVYTEX shall specify the Products concerned, the arrangements and the applicable costs before the return. Products must comply with the condition requirements set out in Article 8. Return costs and, where applicable, the cost of any new shipment requested by the Customer shall remain the Customer’s responsibility unless otherwise agreed by HEAVYTEX.

Article 10 — B2C Customers’ Right of Withdrawal

The B2C Customer has a period of fourteen (14) days in which to exercise the right of withdrawal without having to give any reason.

This period begins on the day on which the B2C Customer, or a third party other than the Carrier and designated by the Customer, takes physical possession of the Product. Where several Products forming part of the same Order are delivered separately, the period begins upon receipt of the final Product.

The B2C Customer may exercise the right of withdrawal by sending HEAVYTEX, before expiry of the fourteen (14)-day period, the standard withdrawal form set out below or any other unambiguous statement expressing the decision to withdraw. Such statement may in particular be sent to returnorder@heavytex.com.

The B2C Customer may also exercise the right of withdrawal using the dedicated feature accessible from the “Exercise my right of withdrawal” link available in the Website footer. Once the request has been submitted, HEAVYTEX shall promptly send the B2C Customer, on a durable medium, an acknowledgement of receipt containing the information submitted and the date and time at which the request was sent.

The B2C Customer must return or hand back the Products concerned no later than fourteen (14) days after communicating the decision to withdraw, in accordance with the instructions and to the address provided by HEAVYTEX.

The direct cost of returning the Products shall be borne by the B2C Customer, provided that this information was communicated before the Order was placed.

The B2C Customer shall only be liable for any diminished value of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.

Where the right of withdrawal is validly exercised, HEAVYTEX shall reimburse the B2C Customer for all amounts paid in respect of the relevant Order, including the original delivery costs up to the cost of the standard delivery method offered by HEAVYTEX, no later than fourteen (14) days from the date on which HEAVYTEX is informed of the B2C Customer’s decision to withdraw.

Where the B2C Customer expressly selected a delivery method that was more expensive than the standard delivery method offered by HEAVYTEX, the additional costs resulting from that choice shall not be reimbursed.

HEAVYTEX may defer reimbursement until the relevant Products have been recovered or until the B2C Customer supplies evidence that the Products have been dispatched, whichever occurs first.

Reimbursement shall be made using the same payment method used by the B2C Customer for the Order, unless the Customer expressly agrees to another payment method and provided that such reimbursement does not result in any fees for the Customer.

Statutory exceptions to the right of withdrawal shall apply only where they actually correspond to the relevant Product or circumstances and where the B2C Customer has been informed in accordance with applicable regulations.

Where a Product has been altered after delivery by a Customization Provider selected by the Customer, such alteration does not retroactively remove the right of withdrawal applicable to the sale of the Product as originally delivered by HEAVYTEX. However, the condition of the returned Product and any reduction in value resulting from its alteration or from handling beyond what is necessary to inspect it shall be assessed in accordance with applicable statutory provisions.

Standard Withdrawal Form

To HEAVYTEX,
14 avenue Georges Clemenceau,
94300 Vincennes, France
returnorder@heavytex.com

I hereby give notice that I withdraw from the contract for the sale of the following goods:

Product(s):

Order number:

Ordered on / received on:

Consumer’s name:

Consumer’s address:

Date:

Signature (only if this form is submitted on paper):

Article 11 — Statutory Warranties

B2C Customers benefit from the statutory guarantee of conformity provided for under Articles L. 217-3 et seq. of the French Consumer Code and from the warranty against latent defects provided for under Articles 1641 et seq. of the French Civil Code. Requests may be submitted to returnorder@heavytex.com stating the relevant Order and defect. These warranties are exercised in accordance with statutory conditions, independently of the operational timeframe set out in Article 7 and the right of withdrawal set out in Article 10.

B2B Customers benefit from the warranties and remedies available under generally applicable law, including the warranty against latent defects. Any alteration carried out after delivery shall be taken into account when determining the origin of the defect, without automatically excluding a remedy relating to a defect that existed before the Product was delivered.

Article 12 — Alterations, Prior Inspection and Technical Advice

Products may be intended for printing, embroidery, dyeing, washing, cutting or any other alteration. Before carrying out any alteration, the B2B Customer must inspect the Product reference, size, colour, quantity and apparent characteristics, together with any issue that could reasonably be detected.

Alteration of a Product constitutes acceptance of its apparent characteristics and of any apparent defects that could reasonably have been detected before alteration. It does not deprive the Customer of any remedy relating to a latent defect or non-conformity that could not reasonably have been identified before alteration.

The Customer is free to select their own Customization Provider and may have Products delivered directly to that provider in accordance with Article 6. HEAVYTEX may provide contact details for independent Customization Providers or facilitate an introduction. However, HEAVYTEX is not a party to the contract between the Customer and the Customization Provider, does not invoice or collect payment for the customization service and does not perform or supervise that service.

Technical information and advice appearing on product pages are provided for information purposes and are intended to assist the Customer in making a selection or using a Product. The result of any alteration depends in particular on the process, equipment, settings, inks, chemicals, temperatures and expertise of the Customization Provider. Such advice does not constitute a guarantee of the result of the alteration and does not affect rights relating to the stated characteristics of the Product or applicable statutory warranties.

Article 13 — Liability

HEAVYTEX shall perform its contractual obligations in accordance with the law. HEAVYTEX shall not be liable for loss or damage resulting directly from an error or incomplete information provided by the Customer, nor from a customization service contracted directly with a Customization Provider, except where the loss or damage results from a defect in the Product delivered or a breach attributable to HEAVYTEX.

In particular, HEAVYTEX shall not be liable for damage caused by an unsuitable customization process, equipment, setting, ink, chemical, temperature, washing process or handling where the damage is not attributable to a defect in the Product delivered. Nothing in these Terms is intended to limit any mandatory right of a B2C Customer or any liability that cannot lawfully be excluded.

Article 14 — Retention of Title

Products shall remain the property of HEAVYTEX until their price has been paid in full and effectively received. This retention of title is separate from the transfer of risk, which for B2C Customers is governed in particular by Article 6.3.

Article 15 — Force Majeure

Neither party shall be liable for failure to perform an obligation where performance is prevented by an event satisfying the conditions of force majeure within the meaning of Article 1218 of the French Civil Code. Where they actually satisfy those conditions, such events may include certain natural events, fires, epidemics, conflicts, general strikes, major transportation disruptions, major network failures or administrative decisions. A strike or transportation disruption therefore does not automatically constitute an event of force majeure. The affected party shall inform the other party as soon as reasonably possible, and the consequences for the Order shall be handled in accordance with applicable law.

Article 16 — Operation of the Website

HEAVYTEX uses reasonable means to ensure access to and proper operation of the Website. However, the Website may temporarily be unavailable, including as a result of maintenance, a technical incident, an update, failure by a service provider or an event beyond the control of HEAVYTEX.

HEAVYTEX does not guarantee permanent and uninterrupted access to the Website. An Order is only considered recorded once it has been validated and payment has been confirmed in accordance with Article 4.

Article 17 — Intellectual Property

Unless otherwise stated, original content created by HEAVYTEX and published on the Website, including photo shoots, photographs, staging, texts, product pages, editorial content, graphics, visuals, videos and communication materials, is protected by intellectual property rights and remains the exclusive property of HEAVYTEX.

Any reproduction, representation, distribution, adaptation, extraction, reuse or exploitation, in whole or in part, of such content without the prior written authorization of HEAVYTEX is prohibited, subject to statutory exceptions. Trademarks, logos, photographs and other content belonging to third parties remain the property of their respective owners.

Article 18 — Personal Data

HEAVYTEX processes the personal data required to manage accounts, Orders, payments, deliveries, returns and Customer service requests under the conditions described in its Privacy Policy. The Privacy Policy sets out the purposes, legal bases, recipients, retention periods and procedures for exercising data protection rights. General requests relating to personal data may be sent to info@heavytex.com.

Article 19 — Complaints, Mediation and Disputes

For any question or complaint other than a return request or an issue falling within Article 7, the Customer may write to info@heavytex.com. Return requests and issues should be sent to returnorder@heavytex.com.

After first submitting a written complaint that has not resulted in a satisfactory solution, a B2C Customer may, subject to the applicable eligibility requirements, use the consumer mediation service free of charge. HEAVYTEX is registered with: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France — tel. +33 (0)1 89 47 00 14 — email: litiges@cm2c.net — online submission: https://www.cm2c.net/declarer-un-litige.php .

These Terms are governed by French law, without depriving a B2C Customer residing in another Member State of the European Union of any mandatory protection available under the applicable law.

For B2B Customers qualifying as traders, and following a prior attempt to reach an amicable resolution, any dispute concerning the formation, interpretation, performance or termination of the contractual relationship shall fall within the exclusive jurisdiction of the courts having jurisdiction over the registered office of HEAVYTEX, including in cases involving multiple defendants, third-party proceedings or interim proceedings, provided that this clause is displayed in a highly visible manner in accordance with applicable rules. For professional customers who do not qualify as traders and for B2C Customers, the statutory rules governing jurisdiction shall apply.

Article 20 — Final Provisions

If any provision of these Terms is declared void, unlawful or unenforceable, the remaining provisions shall continue to apply to the fullest extent permitted by law.

Failure by HEAVYTEX or the Customer to exercise, at any given time, a right arising under these Terms shall not constitute a waiver of the right to exercise it at a later date.

Where eligible, B2C Customers may register free of charge with the Bloctel telephone marketing opt-out list in accordance with applicable regulations.

Last updated: 24 September 2026