Terms of service

ISHTEX TEXTILE PRODUCTS, INC.

Unified Terms & Conditions (Retail, Wholesale & Messaging)

Last Updated: December 2nd, 2025

These Terms & Conditions (“Terms”) govern your access to and use of Ishtex Textile Products, Inc.’s website, services, and purchases, whether you are shopping as a retail customer or as a wholesale customer.

By visiting our website, placing an order (retail or wholesale), or opting into our messaging program (SMS/email), you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced or linked here.

1. DEFINITIONS (APPLIES TO BOTH)

  • “Ishtex,” “we,” “us,” “our”: Ishtex Textile Products, Inc.

  • “Site” or “Website”: Any Ishtex-owned website or online store, including ishtex.com and any wholesale portal.

  • “Retail Customer”: An individual purchasing products for personal use through our retail website or retail sales channels.

  • “Wholesale Customer,” “Buyer,” “Retailer”: A business purchasing products from Ishtex for resale.

  • “Services”: The Site, online store, wholesale ordering channels, customer service, messaging program(s), and any related services provided by Ishtex.

  • “Messaging Program”: Any SMS/text and/or email marketing or informational program operated by Ishtex (including programs managed via Mailchimp).

If you do not agree to these Terms, you may not use the Site or our Services.

2. GENERAL WEBSITE TERMS (APPLIES TO BOTH)

  1. By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have consented to allow your minor dependents to use this Site.

  2. You may not use our Site or products for any unlawful or unauthorized purpose, nor may you violate any applicable laws, including intellectual property laws.

  3. You must not transmit any worms, viruses, or other malicious code.

  4. A breach of these Terms may result in immediate termination of your access to the Site and/or Services.

  5. We reserve the right to refuse service to anyone, at any time, for any reason, in our sole discretion.

Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services online.

3. ACCOUNT REGISTRATION & INFORMATION (APPLIES TO BOTH)

  • You agree to provide current, complete, and accurate account and purchase information for all orders placed on our Site.

  • You agree to promptly update your account details (including email, billing information, credit card numbers and expiration dates) so that we can complete your transactions and contact you as needed.

  • We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, or per shipping address. If we do so, we may attempt to notify you using the contact information provided at the time of order.

We reserve the right to limit or block orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors through our retail site, and to direct such customers to the wholesale channel.

4. ORDERING & PAYMENT

4.1 Retail Customers

  1. Payment Methods
    Retail payments are typically processed via the payment methods supported by our Shopify storefront (e.g., credit/debit cards, digital wallets, etc.), as displayed at checkout.

  2. Timing of Payment
    Payment is normally captured at checkout or upon shipment, depending on the payment method and platform behavior.

  3. Sales Tax
    Sales tax may be charged based on your shipping address and applicable state and local tax laws.

  4. Order Acceptance
    All retail orders are subject to our acceptance. We may refuse or cancel any order for any reason, including but not limited to product availability, suspected fraud, pricing errors, or violation of these Terms.

  5. Billing Accuracy
    You agree to provide accurate billing and shipping information. Ishtex is not responsible for delays or delivery failures arising from incorrect or incomplete information provided by you.

4.2 Wholesale Customers

Wholesale-specific payment and credit terms are governed by our Wholesale Sales Terms, summarized here:

  1. Accepted Payment Methods

    • Credit cards (Visa, MasterCard, Discover, AMEX)

    • PayPal via Ishtex-generated invoice

    • Cash (where applicable)

  2. Credit Card Charges

    • Wholesale orders paid by card are charged at the time of shipment.

    • Ishtex does not charge a separate credit card processing fee.

  3. Net Terms (Net 30/45/60)

    • Not extended to new accounts.

    • To qualify, you must provide:

      • Trade references; and

      • A personal guarantee.

    • Net-term privileges may be modified or revoked at Ishtex’s discretion.

  4. Partial Payments & Collections

    • Partial payments are allowed only under a written payment plan approved by Ishtex.

    • Ishtex reserves the right to send delinquent accounts to a collection agency if balances remain unpaid.

  5. Minimum Orders & Reorders

    • Minimum opening order: $500.00.

    • Pre-order minimums: at least 6 pieces total per style per color/print, across the designated size range for that garment group. Sizes may be doubled but not skipped.

    • Immediate-ship opening orders: only the $500 minimum applies; size skipping is allowed as inventory permits.

    • Minimum reorder: $50.00.

5. PRICES, MODIFICATIONS & AVAILABILITY (APPLIES TO BOTH)

  1. Price Changes
    Prices for our products are subject to change at any time without notice.

  2. Service Modifications
    We may modify or discontinue any part of the Site or Services (including product lines, tools, or resources) at any time, without notice.

  3. Product Availability

    • Certain products may be available in limited quantities and are subject to return/exchange policies detailed below.

    • We reserve the right to limit the sales of products or services to any person, region, or jurisdiction, on a case-by-case basis.

  4. Product Descriptions & Display

    • We make reasonable efforts to display product colors and images accurately, but we cannot guarantee your device’s display will match actual colors.

    • Minor variations in color, print placement, or appliqué detail may occur and are not considered defects.

We do not warrant that the quality of any products or the Service will meet your expectations, or that any error in the Service will be corrected immediately.

6. SHIPPING, RISK OF LOSS & CLAIMS

6.1 Retail Customers

  1. Fulfillment Time
    Retail orders are generally processed within a reasonable time frame (e.g., a few business days), but exact timing may vary based on order volume, product availability, and holidays.

  2. Carriers
    We typically ship via USPS, UPS, or other common carriers as indicated at checkout.

  3. Risk of Loss & Delivery Issues

    • Once an order has been marked “delivered” by the carrier at the address provided, risk of loss passes to you.

    • If your package is lost or damaged in transit, we will assist you in working with the carrier; remedies may depend on carrier policies and available insurance.

  4. Shipping Fees & Taxes
    Shipping fees, where applicable, and sales taxes are disclosed at checkout.

6.2 Wholesale Customers

Wholesale shipping and claims are governed by the more specific rules below:

  1. FOB Terms

    • All wholesale shipments are FOB Atlanta, Georgia.

    • Risk of loss transfers to the Buyer once the shipment is tendered to UPS, USPS, or another carrier.

  2. Carrier Delays & Responsibility

    • Ishtex is not responsible for carrier delays, weather-related issues, misrouting, or damage in transit.

  3. Claims Process

    • Buyer must file claims directly with the carrier and notify Ishtex.

    • Any shipping-related issues must be reported within 14 days of receipt.

    • Replacement shipments for lost/damaged wholesale parcels are issued once the carrier’s claim is resolved.

    • Individual defective items may be replaced upon photographic proof provided to Ishtex.

7. RETURNS, REFUNDS & EXCHANGES

7.1 Retail Customers

Retail returns and exchanges are governed by our Retail Return Policy, which may be updated from time to time and is incorporated into these Terms by reference. In general:

  • Items must be returned within the stated return window (as posted on the Site at the time of purchase).

  • Returned items must be in new condition: unworn, unwashed, free of odors and pet hair, with original tags and packaging.

  • Certain items may be final sale, such as:

    • Clearance or deeply discounted items

    • Personalized items

    • Other categories as specified at the time of sale

Return shipping responsibilities, refund method (original payment vs. store credit), and any restocking fees will be governed by the posted Retail Return Policy on the Site.

7.2 Wholesale Customers

Wholesale returns are governed by the Wholesale Sales Terms:

  1. Defects & Reporting Window

    • Factory defects or incorrect shipments must be reported within 14 days of receipt.

    • “Defective” includes wrong item, wrong size, stitching or appliqué issues, snap/button failures, fabric flaws, and similar workmanship issues.

  2. Condition for Returns

    • Items must be unworn, unwashed, and in original condition with tags and packaging.

  3. Non-Returnable Wholesale Items

    • Personalized items and private-label production items are non-returnable and non-refundable.

  4. Refunds & Exchanges

    • Ishtex may issue refunds or exchanges for approved wholesale returns, subject to inspection.

  5. Unauthorized Returns

    • Unauthorized returns are subject to a 25% restocking fee based on the net value of goods returned.

8. WHOLESALE-ONLY TERMS

This section applies only to Wholesale Customers.

8.1 Seasonal Sales

  • Seasonal wholesale sales are primarily offered to customers who have placed pre-orders for the current season.

  • Ishtex may allow exceptions at its sole discretion.

  • Ishtex may modify, limit, or cancel any seasonal sale at any time.

  • Sale notifications may be sent via email, SMS, in person, or via platforms (e.g., Faire).

  • Discounts are applied manually; updated prices are generally visible within one business day.

8.2 Backorders & Pack-and-Hold

  • Buyers may opt out of backorders by notifying Ishtex, except for staggered seasonal shipments, which cannot be declined without applicable cancellation fees.

  • Backorders ship only after customer confirmation.

  • Pack-and-Hold:

    • Up to 15 days hold without deposit.

    • After 15 days, a non-refundable 50% deposit is required.

    • Shipment may be scheduled within 3 months of deposit; after 3 months, deposit is forfeited and items return to inventory.

    • One extended Pack-and-Hold per season.

8.3 Order Cancellations

  • A wholesale order may be cancelled without penalty within 15 days of Ishtex’s order confirmation.

  • After that period, a 50% cancellation fee applies to all cancelled items, regardless of production or inventory status.

  • Cancelling a staggered shipment triggers a 50% fee on the items in that shipment.

  • If a customer becomes unresponsive (“ghosts”), Ishtex may:

    • Apply a 50% cancellation fee; and

    • Require 50% prepayment on all future orders.

  • Cancellation fee invoices are due Net 15; payment plans may be available.

8.4 Exclusivity Protection

  • Exclusivity may be granted to wholesale accounts that:

    • Order at least $3,500 per season, and

    • Maintain consistent ordering (including drop-ship orders).

  • Failure to meet the minimum immediately ends exclusivity.

  • Exclusivity radius: 10 miles, measured “as the crow flies” from the retailer’s brick-and-mortar location.

  • Exclusivity applies to specific items ordered; Ishtex may restrict coordinating items to maintain collection integrity.

  • Exclusivity is always at Ishtex’s sole discretion.

  • Exclusivity applies to brick-and-mortar stores only, not to their online stores.

8.5 MAP Pricing

  • Recommended retail: wholesale × 2 + $2–$4 (guideline).

  • Wholesale retailers may discount up to 25% below MAP (including holiday items).

  • Items may not be placed on sale until 45 days after being:

    • Listed online (any platform), or

    • Placed on store shelves.

  • MAP enforcement:

    • 1st violation → Warning + 48 hours to correct

    • 2nd violation → Warning + 48 hours to correct

    • 3rd violation → Termination of wholesale account

  • MAP applies to both in-store and online pricing.

8.6 Selling Restrictions (Wholesale)

  • Wholesale customers may not:

    • Sell Ishtex products in Facebook BST groups.

    • List Ishtex products on third-party marketplaces (Amazon, Walmart, Target, eBay, Etsy, etc.) without written permission.

  • Restrictions apply to:

    • The retailer,

    • Affiliates, and

    • Employees/contractors selling using the retailer’s inventory.

  • Wholesale resale of Ishtex products to other retailers is permitted.

  • Ishtex products must be sold under the Ishtex brand name, unless a white-label agreement is approved in writing.

  • Ishtex may monitor online listings for compliance.

8.7 Wholesale Drop Shipping

  • Drop shipping is available only to established wholesale accounts that have met initial order minimums.

  • Drop-ship fee: $10 per order.

  • No packing slip is included in the shipment; documentation is sent separately to the wholesale customer.

  • No marketing inserts are included.

  • Ishtex will promptly correct errors (wrong item/size) via replacement or refund.

  • All paid drop-ship orders will be fulfilled, including high-volume periods.

  • Drop-ship orders count toward the $3,500 exclusivity minimum when there is a consistent pattern.

  • Drop-ship privileges may be revoked for late or missed payments.

8.8 Georgia Wholesale Tax (ST-5)

  • Georgia wholesale customers must provide a valid ST-5 tax exemption form to avoid Georgia sales tax.

  • Orders may ship before Ishtex receives the ST-5, but tax will be charged until a valid form is on file.

  • If ST-5 is not provided, Georgia sales tax will apply by default

9. MESSAGING PROGRAM (SMS & EMAIL VIA MAILCHIMP)

This section applies to any user (retail or wholesale) who receives SMS/text or email communications from Ishtex.

9.1 Retail vs. Wholesale Consent

  • Retail Customers

    • Retail marketing and promotional messages (including SMS) are sent only to customers who actively opt in, for example by checking a box at checkout, signing up through a form, or otherwise clearly consenting to receive such messages.

    • Retail customers may still receive transactional messages (order confirmations, shipping updates, password resets, etc.) that are necessary to complete their purchases, even if they have not opted into marketing.

  • Wholesale Customers

    • By opening a wholesale account, submitting a wholesale application, or placing a wholesale order with Ishtex, you consent to receive Wholesale Communications, including transactional, account-related, and marketing or promotional messages at the email addresses and phone numbers you provide.

    • You may opt out of marketing SMS/email at any time using the methods described below, but we may still send you important transactional and account-related communications (for example, invoices, shipping updates, credit/account notices).

9.2 Opt-In & Program Description

  • When you opt into our messaging program (or, for wholesale customers, when you establish and use a wholesale account), we may send you a message to confirm your signup or enrollment.

  • By opting into messages, or by conducting wholesale business with Ishtex as described above, you agree to receive recurring automated marketing and informational text messages from Ishtex Textile Products, Inc.

  • Automated messages may be sent via an automatic telephone dialing system to the mobile number you provided or any other number that you designate.

  • Message frequency varies, and may increase or decrease based on your interaction with us.

  • Your consent to receive marketing messages is not a condition of purchase for Retail Customers. Wholesale Customers may need to receive certain communications as part of maintaining their account and relationship with Ishtex.

9.3 Message & Data Rates

  • Standard message and data rates may apply.

  • Your mobile carrier is not responsible for delayed or undelivered messages.

9.4 Opt-Out / Cancellation

  • You can unsubscribe from SMS marketing messages at any time by following the instructions in the message (for example, by replying “STOP” or using an unsubscribe link if provided).

  • After you unsubscribe, we may send a final confirmation message and then cease sending further marketing texts to that number.

  • To re-enroll, you may opt in again as you did originally or, for wholesale customers, by updating your communication preferences or continuing to use services that specifically mention enrollment.

9.5 Help & Support

  • For support with our messaging program, you may:

    • Email general@ishtex.com, or

    • If supported, reply “HELP” to one of our messages for instructions.

9.6 Transfer or Change of Number

  • Before changing or transferring your mobile number, you agree to:

    • Reply “STOP” from the original number,

    • Use any unsubscribe link provided in our messages, or

    • Notify us at general@ishtex.com of your old number.

  • This duty to notify us is a condition of using the messaging service.

9.7 Privacy & Data

  • For details on how we handle your data, please see our Privacy Policy on our website.

9.8 Changes to the Messaging Program

  • We may change, suspend, or terminate our messaging program at any time.

  • We may update these Messaging Terms at any time; changes are effective when posted.

  • If you do not agree with changes, you should unsubscribe from the messaging program.

  • Your continued enrollment or use of the messaging program after changes constitutes your acceptance of those changes.

10. USER CONTENT, FEEDBACK & SUBMISSIONS (APPLIES TO BOTH)

If you send us submissions (contest entries, reviews, ideas, suggestions, etc.), you agree that we may use them at any time, without restriction, and without obligation to:

  • Maintain them in confidence;

  • Compensate you; or

  • Respond to you.

You are responsible for ensuring that your submissions do not violate any third-party rights or contain unlawful, obscene, or harmful content. We may monitor, edit, or remove content we deem inappropriate or in violation of these Terms.

11. PROHIBITED USES (APPLIES TO BOTH)

You may not use the Site or its content:

  • For any unlawful purpose;

  • To solicit others to perform unlawful acts;

  • To violate any applicable laws;

  • To infringe upon our or others’ intellectual property rights;

  • To harass, abuse, defame, harm, or discriminate against others;

  • To submit false or misleading information;

  • To upload viruses or malicious code;

  • To collect or track personal information of others;

  • To spam, phish, pharm, pretext, spider, crawl, or scrape;

  • For obscene or immoral purposes; or

  • To interfere with security features of the Site or related services.

We may terminate your access for any prohibited use.

12. THIRD-PARTY TOOLS & LINKS (APPLIES TO BOTH)

  • We may provide access to third-party tools “as is” and “as available,” without warranties or endorsements. Use is at your own risk.

  • Third-party links may lead to sites not affiliated with Ishtex. We are not responsible for the accuracy, content, or policies of third-party sites, and we are not liable for any harm or damages related to third-party transactions.

13. ERRORS, INACCURACIES & OMISSIONS (APPLIES TO BOTH)

Occasionally, information on our Site may include typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to:

  • Correct any errors or omissions;

  • Change or update information; and

  • Cancel orders if any information is inaccurate, at any time, without prior notice (including after you submit an order).

We do not undertake to update all information unless required by law.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • We do not guarantee that the Site or Service will be uninterrupted, timely, secure, or error-free.

  • The Service and all products delivered are provided “as is” and “as available,” without any warranties or conditions of any kind, express or implied (except where prohibited by law).

  • To the maximum extent permitted by law, Ishtex and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind arising from:

    • Use of the Site or Services;

    • Use of products purchased from Ishtex; or

    • Reliance on any content on the Site.

For wholesale customers, our total liability is further limited to the value of the goods sold under the applicable invoice.

Some jurisdictions do not allow such limitations; in those cases, our liability is limited to the maximum extent permitted by law.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ishtex, its officers, directors, employees, affiliates, agents, contractors, licensors, and service providers from any claim or demand (including reasonable attorneys’ fees) arising out of:

  • Your breach of these Terms;

  • Your violation of law; or

  • Your violation of any third-party rights.

16. GOVERNING LAW & VENUE

These Terms and any separate agreements under which we provide you products or services shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law rules.

Any dispute or claim arising out of or relating to these Terms, the Site, retail purchases, wholesale purchases, or our messaging program shall be brought exclusively in the state or federal courts located in Gwinnett County, Georgia, and you consent to such jurisdiction and venue.

17. SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The remainder of these Terms shall continue in full force and effect.

18. TERMINATION

These Terms remain in effect unless and until terminated by you or us.

  • You may terminate by ceasing to use the Site and Services.

  • We may terminate or suspend access to the Site or Services (including wholesale access) at any time, without notice, if we believe you have breached these Terms or applicable policies.

  • Upon termination, you remain liable for all amounts due up to the date of termination.

19. CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on our Site.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our Site. Your continued use of the Site, placement of orders (retail or wholesale), or participation in our messaging program after such changes constitutes your acceptance of the updated Terms.

20. CONTACT INFORMATION

Questions about these Terms & Conditions, wholesale or retail policies, or our messaging program should be sent to:

Email: general@ishtex.com