General Terms and Conditions of Sale of Popken Fashion GmbH
1. General
1.1. These General Terms and Conditions (GTC) apply to the sale of goods within Germany on https://www.happy-size.fr/fr (the "Website"). The purchase agreement is concluded with Popken Fashion GmbH. These GTC apply to all written and telephone orders and the shipment of goods to the address specified in your order.
1.2. We are Popken Fashion GmbH, Am Waldrand 19, 26180 Rastede, registered in the Commercial Register of the Oldenburg District Court under HRB 120 726, with VAT ID DE 152 739 137. We operate the Website and own all associated rights, particularly with regard to design, images, and texts.
If you have any questions about these GTC or comments or complaints regarding our Website, simply email us at: service@happy-size.fr
1.3. The following terms used in these GTC have the following meanings, unless the context requires otherwise:
Contract – means any agreement for the purchase of goods between you and us.
Goods – means the products offered or sold on this Website.
Order – means your declaration to purchase goods through our Website.
2. Ordering
2.1. Here's how to order goods on our Website:
Placing an Order:
Add the goods to your shopping cart,
Click the "Checkout" button,
Enter your information (shipping address, payment details, and email address),
Confirm the accuracy of your information,
Agree to our GTC,
Click the "Submit Order" button.
2.2. The information you provide will be used for billing and processing your order. If we encounter issues processing an order, we’ll use your information to contact you. If you lose your order details, please contact our customer service directly at service@happy-size.fr or by phone at +33 356 620 219 (Monday–Friday 9am–7pm, Saturday 9am–4pm).
3. Order Confirmation and Contract Formation
3.1. By clicking the "Submit Order" button or placing a phone order, you submit a binding offer to purchase the goods. We will confirm receipt of your online order by email—however, this does not constitute acceptance of your order. The purchase contract is concluded either upon dispatch of the goods or through our express written acceptance.
If the ordered goods are unavailable, we will notify you by email and refund any payments made within fourteen (14) days. The contract is concluded in German. Our online store is intended for private customers only, and we sell goods only in customary quantities to consumers—not to commercial buyers.
4. Prices and Payment
4.1. All prices on the Website are stated in euros and include applicable VAT unless otherwise stated. A shipping fee of EUR 5.99 per order applies. If we change our prices or shipping fees, the price valid at the time of your order still applies.
4.2. We offer several payment options depending on your creditworthiness. In some cases, we may require a prepayment before shipping, which we will communicate to you in advance.
Invoice Purchase
Pay within fourteen (14) days of receiving your delivery. You can pay using the payment slip included in the package or via bank transfer.
Credit or Debit Card
Provide the full card details during checkout: cardholder name, card number, CVV, issuing bank, and expiration date. We charge your card immediately or upon dispatch at the latest.
PayPal
You’ll be redirected to PayPal during checkout. Log in and complete the payment. We charge PayPal immediately or upon dispatch at the latest. Please refer to PayPal’s privacy policy.
Klarna
When selecting Klarna, the corresponding payment services are handled directly by Klarna.
For further questions or payment issues, please contact Klarna directly:
https://www.klarna.com/fr/ or https://www.klarna.com/fr/service-client/
5. Delivery and Delivery Times
5.1. We ship your goods by post to the delivery address in Germany or Austria provided in your order.
Usually, delivery takes 3–5 business days after our order confirmation. Delays may occur due to unforeseen circumstances (force majeure) or if a Sunday or holiday falls between the order and delivery dates.
In any case, the maximum delivery period is thirty (30) days from our order confirmation as per section 3.1. If we do not deliver within this time, you may set a reasonable grace period. If this expires without delivery, you may withdraw from the contract, and we will refund any payments made.
5.2. To reduce environmental impact, we aim to ship all items in one shipment. However, we may make partial deliveries depending on availability. There are no additional shipping fees for partial deliveries. If part of the order is delayed or defective, only the affected part is subject to the rules in sections 5.2, 6, and 7.
If you prefer a partial delivery, please contact our customer service (see section 2.2.).
6. Statutory Right of Withdrawal
6.1. Right of Withdrawal
You have the right to withdraw from the purchase contract within fourteen (14) days without giving any reason. The withdrawal period begins the day you or a third party (excluding the carrier) take possession of the last item in the order.
To exercise the right of withdrawal, you must notify us clearly (Withdrawal Declaration) via mail to:
Popken Fashion GmbH, Kundenservice, Am Waldrand 19, 26180 Rastede,
or via one of the contact methods listed in section 2.2.
You may use our withdrawal form template (available here or on our Website).
Timely dispatch of the withdrawal notice is sufficient to meet the deadline.
6.2. Consequences of Withdrawal
Upon valid withdrawal, we will refund all payments received from you, including standard delivery charges (excluding extra charges for special delivery options), within fourteen (14) days of receiving your withdrawal notice. Refunds will use the same payment method used for the original transaction unless otherwise agreed. We may withhold the refund until we receive the goods or you provide proof of return—whichever comes first.
7. Return Policy for Legal Withdrawal
7.1. Returns are free of charge if you use the return label provided with your delivery or available on our Website:
Return Label
We only cover return shipping costs from within France. Otherwise, return costs are your responsibility. If you return items cash-on-delivery, we may deduct resulting charges from your refund. You bear full return risk. You may be liable for diminished value if the goods were handled beyond what is necessary to examine them.
7.2. Returns are excluded for certain items, such as those unsealed for hygiene reasons. Refunds require the goods to be returned in their original, unused, and undamaged condition. Handle goods with care. Use the original packaging and include all documentation. After inspecting the returned goods, we will notify you whether a refund is due within the timeframes stated above.
7.3. Refund of Purchase Price
Depending on your payment method:
Invoice Purchase: We refund to the account from which we received your payment.
Credit/Debit Card: We credit your card issuer immediately after receiving the returned goods.
PayPal: We credit PayPal upon receipt of goods. Refunds cannot be issued while a dispute is open with PayPal.
Klarna: We credit Klarna upon receipt of goods. Refunds are not possible during an active Klarna dispute.
8. Disclaimer of Liability
We are liable only for damages resulting from intentional or grossly negligent actions or omissions by us, our legal representatives, or vicarious agents.
9. Product Quality and Warranty Rights
9.1. Goods are considered contractually compliant if they:
(1) Match the description and quality stated on our Website,
(2) Are suitable for standard use,
(3) Show quality typical and reasonably expected for such goods.
Natural materials may show variations in fibers, texture, knots, and colors. These are not defects but inherent in high-quality raw materials. You accept these characteristics as part of the product’s uniqueness.
9.2. If goods are defective, you are entitled to statutory warranty rights under §§ 437 ff. BGB. The limitation period for claims is two (2) years from delivery.
10. Intellectual Property
We or our licensors retain all copyrights, trademarks, and other intellectual and industrial property rights to content displayed on our Website. Use beyond what is necessary for Website functionality requires prior written consent.
11. Amendments, Governing Law, Jurisdiction
We may amend these GTC at any time with future effect. If you disagree with any changes, we recommend you do not continue using our Website.
Use of our Website and contracts for goods purchased via the Website are subject to German law. If you reside within the European Union, the exclusive jurisdiction for any legal disputes lies with German courts.
