Germany Terms & Conditions Annex

Hasbro Pulse – Terms of Use

Germany Annex

(Last Updated: 21 September 2022)

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

In the event of a conflict or inconsistency between the TOUGA and the Terms, the TOUGA shall prevail.

  1. Summary of the clauses of the Terms amended by this TOUGA

Clause number

Clause description/title

Amended by TOUGA?

N/A

Preamble

Yes – the “Our right to make changes” section

1.       

Services Operation & Eligibility

Yes

2.       

Your Account; Electronic Communications

No

3.       

Our Products and Services

No

4.       

Price and payment

No

5.       

Our contract with you

No

6.       

Delivery

Yes

7.       

Hasbro Pulse Premium

No

8.       

Crowdfunded Products

No

9.       

Fraudulent or unauthorised activity

No

10.    

Your right to end the contract / cancel or withdraw orders, Faults

Yes

11.    

How to end the contract with us

Yes

12.    

Our right to end the contract with you

No

13.    

Complaints about the Products and Services

No

14.    

Ownership of the Site and its content

No

15.    

Linked Sites

No

16.    

Your use of the Site

Yes

17.    

User content and feedback

No

18.    

Disclaimers and Limitation of Liability

No

19.    

Waiver; Remedies

No

20.    

Governing Law; Venue

No

21.    

Modifying and terminating our Site

No

22.    

If a court invalidates some of these terms

No

23.    

Other important terms

Yes

24.    

Questions

No

25.    

Country Specific Terms

No

 

  1. Amendments to the Terms

Our right to make changes

The below applies in place of section “our right to make changes” of the Terms in respect of residents in Germany:

  • We may amend these Terms from time to time. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site, including creating an account, backing a Crowdfunded Product and ordering the Products and/or Services.
  • We may change these Terms, Site, Products and Services, for example, to:
  • reflect changes in relevant laws and regulatory requirements;
  • implement minor technical adjustments and improvements;
  • address a security threat, which will not affect your use of the Site, Products or Services;
  • enhance existing features or add additional features to the Site and Services;
  • reflect advancements in technology;
  • make reasonable technical adjustments to the Site and Services; and / or
  • ensure the ongoing operability of the Site or Services.
  • We may also update and change our Site from time to time, for example, to reflect changes to our Products and Services, our users' needs and our business priorities.
  • If we make such changes to these Terms, we will provide notice of such changes by updating the “Last Updated” date at the beginning of these Terms.

If we make significant changes to these Terms (for example, in case of any legal or regulatory changes affecting our business or any changes to our business or any Products and/or 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 the Site, and remind you in the notice of your rights and the effects of your declaration and omissions. The changes to the Terms will be deemed to have been accepted by you at the end of the 6 weeks’ notice period, unless you object within a one month period upon receipt of the notice. You will be able not to accept these changes and you will keep the possibility to cancel your contract with us. You may then contact us to end your contract with us before the changes take effect and receive a refund for any Products and/or Services paid for but not received.

If you do not agree to the revised Terms, you should not continue to access or use the Site, including creating an account, backing the Crowdfunded Products and ordering the Products and/or Services and we may terminate our contract with you.

  1. Services Operation & Eligibility

The below applies in place of section 1 (Services Operation & Eligibility) of the Terms in respect of residents in Germany:

  • Our Site is solely for the promotion of our Products and Services in the countries outlined in the Delivery and Returns. The Site and our Products and Services are intended to be accessed and used by individuals who are at least 18 years of age. If you are under 18 years of age, you may only use our Site and the Services after we receive your parent or legal guardian’s consent and under the supervision of a parent or legal guardian. We may withdraw your access to our Site and the Services if we reasonably believe you are below 18 years of age and where proof of your age or the consent of your parent or legal guardian is not received. We may also cancel any order that is made by a minor under the age of 18, where the consent of that minor’s parent or legal guardian is not received. If you are a parent or legal guardian of a user under the age of 18, you agree to be fully responsible for the acts or omissions of such user in relation to your account, including, without limitation, any Crowdfunded Products that are backed using your account.

We may need to use third party service providers from time to time to fulfill your orders of Products and/or Services.

  1. Delivery

The below applies in place of section 6 (Delivery -subsection Delays in delivery) of the Terms in respect of residents in Germany:

If our supply of the Products and/or Services is substantially delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event outside our control. If there is a risk of substantial delay you may contact us to end the contract with us and receive a refund for any Products and/or Services, you have paid for but not received.

  1. Your right to end the contract / cancel or withdraw orders, Faults

The below applies in place of section 10 (Your right to end the contract / cancel or withdraw orders, Faults) of the Terms in respect of residents in Germany.

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

 

YOUR 14 DAYS STATUTORY RIGHT TO WITHDRAW:

 

INSTRUCTION ON RIGHT TO WITHDRAW

 

You have the right to withdraw from a contract for purchase of a Product within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the Products or the last Products if you have ordered several Products as part of a single order and these are delivered separately.

 

In order to exercise your right of withdrawal, you must inform us (Hasbro D2C Consumer Affairs Department, Overweg 29, 59494 Soest, Germany, Telephone: 0800 5556130, Email: customerservice_eu@hasbropulse.com) with an explicit declaration (e.g. by a letter sent by post, phone or an e-mail) of your decision 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.  You can also inform us by logging into your account, navigating to ’My Orders’, clicking into your order, then cancelling the item (for pre-order Products and Crowdfunded Products only). In case you use your account and ’My Orders’ or 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.

 

You can use the model withdrawal form as set out at the end of these instructions if you wish to

 

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 undue 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. We may refuse to refund you for Products until we have received those Products back or until you have provided suitable proof that you have returned those Products, whichever is the earlier. You must return or hand over the Products to us without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract. The time limit is met if you send the Products before the expiry of the period of 14 days.

 

You will bear the direct costs of returning the Products.

 

You only have to pay for any diminished value of the Products if this diminished value is due to handling of the Products that is not necessary for testing the nature, characteristics and functioning of the Products.

 

Exclusion of the right of withdrawal

You do not have a right to withdraw from the contract in respect of:

  • Products which are made to your specifications or are clearly personalised (for example, when a Product has been engraved or otherwise personalised);
  • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • Sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them; and
  • any Products which become mixed inseparably with other items after their delivery.

 

For the Services, please refer to the Hasbro Pulse Premium Terms

 

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 purchase of the following Products (*)

- 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.

  • Extended right to return Products up to 30 days after receipt

We provide an extended right to return Products. You can return the Products to us within 30 days of receipt of the Products, provided none of the exclusions above to the right of withdrawal applies, the Products are complete and in the same condition as you received it. Please contact Customer Service to start the returns process or log into your account to cancel an item (for pre-order Products and Crowdfunded Products only). The Products have to be returned to us within 30 days of receipt of the Products.

  • This extended right to return Products does not apply to digital products or software which are not supplied on a tangible medium (e.g. on a CD or DVD).
  • If you return Products pursuant to this extended return right, we will refund to you the purchase price already paid by you. This extended return right does not affect your statutory rights and therefore does not affect your right to withdraw from the contract or your rights in case of faulty or misdescribed Products.

 

  • The Product and/or Services you bought is/are faulty or misdescribed

We are under a legal duty to provide the Products to you free from defects and in conformity with a contract formed between you and us.

 

If you receive a Product that is faulty or misdescribed, you may also get the Product repaired or replaced or get some or all of your money back:

 

  • during the 30 days from delivery of the Product under your extended right to return Products, you can:
    • ask us to repair or replace the Product; or
    • return the Product by exercising your extended right to return Products to us and get all of your money back (please refer to section 10 b) above):
  • after this 30-day period:
    • you need to give us at least one chance to repair or replace the Product;
    • if you are then not happy with the repair or replacement or if either option (i) is not possible, (ii) is not completed within a reasonable time or (iii) causes significant inconvenience to you, you can:
      • keep the Product and proportionally reduce the purchase price; or
      • return the Product to us and get all of your money back.

If you have asked us to repair or replace the item within the 30-day period and you are unhappy with the repair or replacement, you have until the end of the 30-day period to return the Product to us and get your money back.

Nothing in these Terms of Use is intended to limit a consumer’s statutory rights with regard to a faulty or misdescribed Product, such as the statutory limitation period prescribed by law which shall apply from handover of the Products.

If you request a repair or replacement of the Product, you must return the Product to us. Please contact Customer Service for a return merchandise authorisation number and further instructions. We will pay the costs of return if the Product is faulty or misdescribed.

 

If you want us to repair or replace a Product, you can tell us which option you prefer but we can decide that the other option is more appropriate if your preferred option is not possible or disproportionate compared to the other option.

 

For Services, you may ask us to repeat performance and, if that is impossible or not done within a reasonable time without significant inconvenience to you, reduce the price of the Services or terminate the contract.

 

  • Your right to end the contract

 

You have the right to end the contract because of something we have done or told you we are going to do in breach of these Terms. If you exercise that right, your contract with us will end immediately and we will refund you in full for any Products which have not been provided to you and you may also be entitled to compensation if you are ending a contract for one of the following reasons:

  • we have told you about an upcoming material change to the Product and/or these Terms which you do not agree to;
  • we have told you about an error in the price or description of the Product and/or Services you have ordered, and you do not wish to proceed;
  • there is a risk that supply of the Products may be significantly delayed because of events outside our control;
  • we have suspended supply of the Products for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than thirty (30) days; or
  • you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

 

This does not affect other rights which you may have such as the right to withdraw from a contract or Product and/or Services is/are faulty or misdescribed.

For most Products bought online, please see Section 10 a) and b) above.

  • You want to cancel your order before the Product is dispatched

You may cancel your order if the Product has not been dispatched yet and we will refund you in full for such Product. However, this does not apply to the Crowdfunded Products.

  • All other cases

Where we are not at fault and where you do not have a right to change your mind or withdraw from the contract, you can still end the contract before it is completed but you may have to pay us compensation. A contract for the supply of a Product is completed when the Product is delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed, you can contact us to let us know. Subject to our agreement:

  • the contract for the supply of a Product will end immediately;
  • the contract for the supply of Services will end one month after you notify us of your intention to end the contract; and

 

we will refund any sums paid by you for the Product and/or Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. We will not deduct or charge you reasonable compensation when you cancel your backing of the Crowdfunded Product before the completion of the Project Backing Period.

For more information on cancellations, returns and refunds please refer to the Delivery and Returns

  1. How to end the contract with us

The below applies in place of section 11 (How to end the contract with us – subsection Refunds) of the Terms in respect of residents in Germany:

  • Where you are eligible for a refund as described in the Terms and these TOUGA, we will refund you the price you paid for the Product/Services including delivery costs (where applicable) by the method you used to make the payment.

We will make any refunds due to you as soon as possible or as otherwise stated herein.

  1. Your use of the Site

The below applies in place of section 16 (Your use of the Site) of the Terms in respect of residents in Germany.

Subject to and in consideration of your strict compliance with these Terms and any other terms or instructions that may be provided to you from time to time in connection with the Site (including any payment, if applicable), we hereby grant you a personal, limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive licence to access and use the Site and the Services solely to the extent permitted under these Terms. The foregoing limited licence:

  • does not give you any ownership of, or any other intellectual property interest in, the Site or the Services,
  • may be immediately suspended and without advance notice or liability, if, including but not limited to:

 

  • there are any security reasons or concerns;
  • the Site and/or Services has been used fraudulently or in an unauthorised way or in breach of these Terms;
  • there are obligations we have to meet under any laws and regulations;
  • there are operational reasons; or

 

  • may be immediately terminated by notice and/or we may delete your account with immediate effect and with or without notice, if, including but not limited to:

 

  • you have materially breached these Terms;
  • your actions have created or resulted in harm, risk, or possible legal exposure for us, or other users of the Site and/or Services.

 

We are not responsible for any consequences of the revocation of such licence, such as a resulting inability to use the Services. However, we will notify you of any termination (if permissible) and refund any sums paid by you for Services not provided to you. You agree that your unauthorised use of the Site or the Services may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

You agree that:

  • the Site has not been developed to meet your individual requirements;
  • to the extent permitted by applicable laws and regulations, any software or other functionality provided by us or any third party providers as part of the Site will be provided “as is”;
  • any systems or devices you use to access the Site and the Services (if applicable) are beyond our control, and we shall not be responsible for the operation or security of any such devices or systems nor are we responsible for the issues around access and availability of the Site;
  • information and telecommunications systems are not error-free nor are we responsible for the issues around access and availability of the Site; ; and
  • the provision of any internet-based service may be subject to disruption.

The Site is provided by us and is intended to be used in a safe and enjoyable fashion. Users of the Site must not (or attempt to or assist others to) do any of the following:

  • interfere with the proper working of the Site, including attempting to circumvent the security systems of the Site or otherwise disrupt the operation of the Site;
  • gain access to the Site in a fraudulent manner;
  • gain access to any other user’s account without permission;
  • circumvent geographic restrictions of the Site or attempt to access any feature or area of our Site that you are not authorised to access;
  • ascertain or attempt to ascertain any other user's personal information by any means whatsoever, including without limitation by use of the Site, any other website, or by e-mail communication, for any purpose whatsoever, including but not limited to marketing other products or services to such other user;
  • use the Site to send unsolicited advertising or promotional material for personal or commercial solicitation including “spam”, “junk mail”, “chain letters” or “pyramid schemes”;
  • sell, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, retransmit, disseminate, transfer, lease, broadcast, timeshare, loan, disclose, modify or create derivative works from, or in any way exploit the Site, and/or any of the content or materials on the Site, in whole or in part, including without limitation Hasbro IP and third party intellectual property made available or presented through the Site unless such acts are specifically allowed under applicable law;
  • upload or submit any data, information, files, or other content that contains viruses or any other computer code, corrupt files or programs that are designed to or may interrupt, damage, destroy or limit the functionality of the Site or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;
  • permit any third party to access or use the Site (except as otherwise permitted);
  • use robot technology on the Site for any purpose, including crawling, scraping, or spidering any parts of the Site;
  • upload or submit any data, information, files, or other content that infringes any intellectual or other proprietary rights of any person, or is in breach of any contractual duty or any obligation of confidence, or does not comply with applicable laws or regulation, or poses or creates a privacy or security risk to any person or party, violates the legal rights of others, or is otherwise prohibited;
  • engage in unfair, predatory or deceptive practices or in any fraudulent activity on the Site or further any fraudulent purpose on the Site;
  • upload or submit any content that is harmful, threatening, abusive, harassing, offensive, discriminatory, threatening, obscene, inflammatory, defamatory, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or others to any harm or liability of any type;
  • use the Site in any way that is not compliant with, or breaches, any applicable laws or regulations;
  • use the Site for any purposes other than browsing Products, projects and content, backing Crowdfunded Products, ordering and rating/reviewing Products and/or Services; or
  • violate these Terms, any policies posted on the Site, or any applicable laws or regulations or otherwise engage in any activity that promotes or encourages illegal activity.

We expressly reserve the right, which shall be exercised in our sole and absolute discretion, to remove any content from the Site which contravenes any of the provisions of these Terms, without notice or liability to any person who uploaded or submitted such content.

  1. Other important terms

The below applies in place of section 23 (Other important terms) of the Terms in respect of residents in Germany.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

The contract to which these Terms apply is between you and us. No other person will 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 its terms.

You agree that communications and transactions between us may be conducted electronically.

We may transfer our rights and obligations under these Terms and/or the contract between us in relation to a Product or the Services to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  In case we transfer our rights and obligations under these Terms and/or the contract between us in relation to a Product or the Services to another organization, you can immediately terminate the affected agreement or contract by giving notice and you will receive a refund for any Products and/or Services paid for but not received.

If your right to use the Site has been terminated or you have deleted your account on the Site:

  • these Terms may no longer apply but any provisions of these Terms that by their nature should continue to apply after termination of these Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property, liability, indemnities and governing law; and
  • we can disable, reclaim and reuse your account name, user ID and other identifiers you have adopted within the Site.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms and/or the contract between us in relation to a Product or the Services to another person if we agree to this in writing.

The Products are not intended for resale.