Germany Premium Terms Annex

Hasbro Pulse Premium Terms

Germany Annex

(Last Updated: 21 September 2022)

This Hasbro Pulse Premium Terms - Germany Annex (“HPPGA”) amends the Hasbro Pulse Premium Terms in respect of Hasbro’s customers based in Germany. If you are a consumer residing in Germany purchasing and/or using the Services then the terms included in this HPPGA apply to you instead of the corresponding provision in the Hasbro Pulse Premium Terms. For the avoidance of doubt, any terms of the Hasbro Pulse Premium Terms which are not amended by this HPPGA, will apply to consumers residing in Germany seeking to purchase and/or use the Services.

In the event of a conflict or inconsistency between the HPPGA and the Hasbro Pulse Premium Terms of Use, the HPPGA shall prevail.

  1. Summary of the clauses of the Hasbro Pulse Premium Terms amended by this HPPGA

Clause description/title

Amended by HPPGA?

OVERVIEW

No

TERMS AND CONDITIONS FOR HASBRO PULSE PREMIUM

No

SUBSCRIPTION & ACCESS TO PERKS

No

FREE STANDARD DELIVERY & ELIGIBLE PURCHASES

No

SUBSCRIPTION FEE

No

TERM & RENEWAL

No

TERMINATION BY YOU

Yes

TERMINATION BY US

Yes

OTHER LIMITATIONS

Yes
  1. Amendments to the Hasbro Pulse Premium Terms

TERMINATION BY YOU:

The below applies in place of the “Termination by You” section of the Hasbro Pulse Premium Terms in respect of residents in Germany.

You have changed your mind about Services (Right of Withdrawal)

 

  1. YOUR 14 DAYS STATUTORY RIGHT TO WITHDRAW:

 

INSTRUCTION ON RIGHT TO WITHDRAW                

 

You have the right to withdraw from the contract within 14 days without giving a reason. The withdrawal period is 14 days from the day on which the contract was concluded. 

 

To exercise your right of withdrawal, you must inform us (Hasbro D2C Consumer Affairs Department, Overweg 29, 59494 Soest, Germany, tel: 0800 5556 130 and customerservice_eu@hasbropulse.com) with an explicit declaration of your decision (e.g. by letter sent by post or e-mail) to withdraw from this contract.

 

You can use the enclosed model withdrawal form, which is not mandatory. You can use the withdrawal form or you can contact Customer Service here. In case you use our Customer Service, we will communicate to you an acknowledgement of receipt of such cancellation without undue delay (e.g. by e-mail).

 

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of withdrawal

If you withdraw from this contract, we will repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery we offer), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.  If you have requested that the Services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the Services already provided to you compared to the total Services provided for in the contract up to the time when you notify us of you exercising the right of withdrawal in respect of this contract.

 

END OF INSTRUCTION ON RIGHT TO WITHDRAW

 

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill in and return this form.)

Attn: Hasbro, D2C Consumer Affairs Department, Overweg 29, 59494 Soest, Germany, Telephone: 0800 5556130, Email: customerservice_eu@hasbropulse.com  

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following Service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

- Date

(*) Delete as applicable.

 

  1. Extended right to Unsubscribe

 

  • Without prejudice to your statutory rights, we provide an extended right to unsubscribe.
  • If you wish to unsubscribe from the Services at any time, please contact us and we will remove the Hasbro Pulse Premium status from your account. Please contact Customer Service here. If you decide to unsubscribe within 30 days of purchasing the Services, you will be refunded the standard annual subscription fee you have paid. However, if you request that the Services begin during the initial 30 day-period from purchasing the Services, we may deduct an amount proportionate to the Services we have provided to you until the cancellation date.

 

  • If you decide to unsubscribe after 30 days of purchasing the Services, you will only be refunded the standard annual subscription fee if you have not made any purchases with your account. Once a purchase has been made and free standard delivery has been used as a result of using the Services, the account becomes ineligible for a refund on the standard annual subscription fee and the cancellation becomes effective at the end of the term.

TERMINATION BY US:

The below applies in place of the “Termination by Us” section of the Hasbro Pulse Premium Terms in respect of residents in Germany.

  • The Services are intended for personal use only, not for resale.
  • Your subscription and participation may be revoked by us any time for good cause including if an abuse is found.

 

  • We may also terminate the Services at our sole discretion immediately by notice for reasons related to conduct that we determine (a) materially violates these Hasbro Pulse Premium Terms or the Hasbro Pulse Terms of Use (b) any applicable law and/or (c) involves fraud or misuse of the Services which is harmful to our interest or other users.

OTHER LIMITATIONS:

The below applies in place of the “Other Limitations” section of the Hasbro Pulse Premium Terms in respect of residents in Germany.

You may only transfer your rights or your obligations under these Hasbro Pulse Premium Terms or the Services, including any promotional codes, to another person if we agree to this.

We do not sell to trade or business customers, such as entrepreneurs, sole traders, partnerships, companies, bodies corporate, corporations sole or aggregate or other legal entities. You are not permitted to use the Services to purchase for resale, rental, or to deliver to your customers or potential customers. If you wish to access or purchase the Services as a trade or business customer please contact Customer Service.

  • From time to time, Hasbro may choose and reserve the right, in its sole discretion to add, remove, modify or change the Services as well as the terms of this Agreement at any time:
  • for legal or regulatory reasons; for security reasons;
  • to enhance existing features or add additional features to the Services;
  • to reflect advancements in technology;
  • to make reasonable technical adjustments to the Services; and / or
  • to ensure the ongoing operability of the Service or similar reasons which will not affect your use of the Services.
  • If we make adequate changes (for example, in case of legal or regulatory changes affecting our business or any changes to our business or any Services), we will provide you with additional notice of such changes at least 6 weeks in advance by sending you an email at the last email address you provided to us, as well as by prominently posting notice of the changes on Hasbro Pulse, and remind you in the notice of your rights and the effects of your declaration and omissions. The changes to this Agreement will be deemed to have been accepted by you at the end of the 6 weeks’ notice period, unless you object in textform (e.g. by letter or e-mail) within one month upon receipt of the notice. You may reject and will be able not to accept these changes and you will keep the possibility to cancel your subscription. You may then contact us to end your subscription with us before the changes take effect and receive a refund for any Services paid for but not received.

If a court invalidates any provision or part of a provision of these Hasbro Pulse Premium Terms, the remaining provisions will remain in full force and effect.

These Hasbro Pulse Premium Terms are governed by and construed in accordance with the laws of the Netherlands (with the exception subject to the exclusion of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of Amsterdam (the Netherlands) which means that you may bring a claim to enforce your consumer protection rights in connection with these Hasbro Pulse Premium Terms in the courts of Amsterdam (the Netherlands) or in courts of the EU country in which you live.

The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in alternative consumer dispute resolution proceedings.