Hasbro Pulse - Terms of Use

Hasbro Pulse – Terms of Use

(Last Updated: 30 March 2022)

Welcome to Hasbro Pulse, an ecommerce platform featuring Hasbro fan products (the “Products”) to order and content operated by Hasbro European Trading B.V. (“Hasbro”, “we”, “our” or “us”) and its subsidiaries and affiliated companies at Hasbro Pulse Germany, including the Hasbro IP (defined below), and any other content or functionality (the “Site”). From time to time, you may use the Site to back and order creative toys, products and other items that will be developed and made available by Hasbro (the “Crowdfunded Products”). You may also enroll with the Hasbro Pulse Premium program (the “Services”).

Your access to and use of the Site, including creating an account, ordering Products, enrolling with and using the Services, accessing content, backing Crowdfunded Products, and using other features that are a part of the Site, are subject to these terms of use (these “Terms”). To learn more about Hasbro’s privacy practices in relation to your use of the Site, please see the Hasbro Pulse Privacy Policy.

Please read these Terms carefully before you access or use the Site, including creating an account, submitting your order to us, enrolling with the Services or backing the Crowdfunded Products. These Terms tell you who we are, how we will provide Products and Services to you, how you and we may change or end the contract between us in respect of any Products or Services, what to do if there is a problem and other important information. If you do not agree to these Terms, do not use the Site.

These Terms are in addition and without prejudice to any legal rights and remedies you may have under law.

If you are using the Site and the Services on behalf of any person or legal entity, you agree to these Terms on behalf of yourself and any such person, and you represent and warrant that you are authorised to accept and bind such person to these Terms, and that such person agrees to be responsible to us if you or such person violates these Terms.

Products and Services sold through Hasbro Pulse are only for domestic and private use by consumers and must not be used for commercial, business purposes such as promotional campaigns, marketing and PR. Neither can we allow you to associate our Products and Services with any other company’s name or logo. We reserve the right not to accept contractual offers that give the appearance of being submitted for the purpose of commercial resale of the Products. 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 or resellers. If you wish to access or purchase our products in bulk and/or Services as a trade or business customer please contact Customer Service.

Where in these Terms we refer to “Product” or “Products” this also includes the Crowdfunded Products unless we state otherwise.

Information about us and how to contact us

We are Hasbro European Trading B.V., a company registered in the Netherlands and are your contractual partner. Our company registration number is 34319600 and our registered office is at De Entrée 240, 1101 EE Amsterdam, the Netherlands. Our registered VAT number(s) are DE8151935538 and NL820205412B01.

You can contact Customer Service here. Our Customer Service team will be available Monday to Thursday 8:00am to 3:00pm, Friday 8:00am to 12:00pm but excluding weekends and public holidays in Germany and we will aim to respond to any queries within 3 business days.

When we use the words "writing" or "written" in these Terms, this includes emails.

Our right to make changes

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 and reserve the right to change these Terms, Site, Products and Services to reflect legal changes or changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat, which will not affect your use of the Site, Products or Services. Changes may also be made to enhance existing features or add additional features to the Site and Services; to reflect advancements in technology; to make reasonable technical adjustments to the Site and Services; and to ensure the ongoing operability of the Site or Services.

We may also update and change our Site from time to time 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 changes to these Terms (for example, in case of 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 two months 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 two-month notice period, unless you object within the two-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 any change is found invalid or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

Table of Contents

1. Services Operation & Eligibility
2. Your Account; Electronic Communications
3. Hasbro Pulse Premium
4. Crowdfunded Products
5. Our contract with you
6. Our Products and Services
7. Price and payment
8. Fraudulent or unauthorised activity
9. Delivery
10. Faults, your right to end the contract / cancel orders
11. How to end the contract with us
12. Our right to end the contract with you
13. Complaints about the Products and Services
14. Ownership of the Site and its content
15. Linked Sites
16. Your use of the Site
17. Disclaimers and Limitation of Liability
18. Waiver; Remedies
19. Governing Law; Venue
20. Modifying and terminating our Site
21. Severability
22. Other important terms
23. Questions

 

1. Services Operation & Eligibility

Our Site is solely for the promotion of our Products and Services in Germany. Unfortunately, we do not accept orders which require delivery to addresses outside of Germany.

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’s 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.

2. Your Account; Electronic Communications

To obtain access to certain portions of the Site, you may be required to register for an account on the Site or submit your name or nickname and email address in connection with content that you post to the Site. As part of the account registration process, you will enter your email address and provide a password. You agree that the information you supply during that registration process will be accurate and complete. In accessing and using the Site, you agree that you will not (i) register with, or attempt to register with, or otherwise use another person's email address, name, or other information; (ii) use or attempt to gain access to the account (including the password) of anyone else without permission; (iii) use an account, or password in violation of the intellectual property or privacy rights of any person; or (iv) publicly post or otherwise use a name or nickname that Hasbro considers to be offensive or that are illegal. Hasbro may reject or remove any name/nickname, or reject a password, or terminate the account of any user who uses a name, nickname and/or password, that we reasonably deem offensive in our sole reasonable discretion or that is contrary to applicable laws. If we terminate your account, we will refund any money you have paid in advance for the Services we have not provided.

By creating an account, you will be bound by, and authorise Hasbro to accept and rely on, any agreements, instructions, orders, authorisations and any other actions that occur under your account.

You are responsible for preserving the confidentiality of your password (such as by not sharing it with others) and other account information you use to access your account on the Site, and you will immediately notify us of any known or suspected unauthorised use of your account. If you lose your password, or if your password or other account information is compromised, your access to and/or use of the Site and/or Services may be terminated or suspended. If we terminate your access to the Services, we will refund any money you have paid in advance for the Services we have not provided. You agree that any compromise of your account credentials may result in an unauthorised access to your account and unauthorised purchases, and/or the loss or theft of funds held in your account. We will not be liable for any loss or damage arising from your failure to comply with this section, and you will be responsible for the acts or omissions of any third party that accesses or uses your account or the Site on your behalf, where such use is authorised by you or due to your negligence or other culpable acts (such as by failing to secure your account credentials or sharing your account credentials in violation of these Terms).

It is your responsibility to keep your information, including your account information and contact details, accurate and up to date.

From time to time, we may contact or notify you for contractual purposes (pursuant to these Terms, in relation to any Products and/or Services or otherwise) via email or by posting notices on the Site, or in your account, by telephone or by writing to you at the postal address you provided to us in your order or in any other way. All communications will be in German.

3. Hasbro Pulse Premium

Our provision (and your use) of the Services is subject to the Hasbro Pulse Premium Terms of Use, which will apply in addition to these Terms. Enrolling with the Services provides you with free standard delivery (Germany only) but shall not apply to certain Crowdfunded Products as well as other perks and incentives. You must be at least 18 to enroll with the Services, and you will receive a confirmation email outlining the details of your registration. If you have not received a confirmation email, contact Customer Service and we can investigate.

The Services will be made available to you for a standard annual fee of EUR 50 (inclusive of any applicable VAT amount). We may change the standard annual subscription fee at any time, but changes will apply only to new and renewal customers. The initial term of the Services shall commence on the date of the purchase of your enrollment and shall continue for the term stated in your purchase confirmation email. If you want to continue using the Services after the end of that term, you will need to re-enroll (the Services will not auto-renew).

Enrollment with the Services is effective at the time at which you make the purchase and you may subsequently be contacted by email about the additional perks and incentives. You must explicitly opt-in to Services marketing emails to receive these updates.

The Services are intended for personal use only, not for resale. Your enrollment and participation may be revoked or terminated in accordance with the Hasbro Pulse Premium Terms of Use.

4. Crowdfunded Products

Overview

When you back a Crowdfunded Product, you are making a commitment and agree to purchase the Crowdfunded Product that will only be fulfilled if the minimum number of backings (units or funds) are met for the project during the Project Backing Period. Each Crowdfunded Product will have its own duration when you can back the Crowdfunded Product (each a “Project Backing Period”). Typically, the Project Backing Period lasts between 30 to 45 days.

Minimum Commitment Goal Requirement

During the Project Backing Period you will be able to add the Crowdfunded Product to your shopping cart. You will be required to provide your payment information at checkout. We will verify and store your payment information but will not charge your payment method at this stage. If the minimum number of backings is met by the end of the Project Backing Period, your backing becomes an “Order” and we will charge you for the full amount due for the Crowdfunded Product. Following this the Crowdfunded Product will be made and ultimately delivered to you. If the minimum number of backings is not met by the end of the Project Backing Period, the Crowdfunded Product will not be developed, and you will not be charged.

During the time between your backing of the Crowdfunded Product and the delivery of the Crowdfunded Product to you, we will send you periodic email updates about the status of the Crowdfunded Product. If, for whatever reason for which Hasbro is not responsible, it is not possible to make the Crowdfunded Product (even if the minimum number of backings has been met) or if Crowdfunded Products or materials to make Crowdfunded Products are not available, we will immediately inform you of these circumstances and refund you the full amount that you were charged for the Crowdfunded Product.

Check the main project page for the Crowdfunded Product you backed to see if the minimum backing goal has been met.

Early cancellation of your backing

You can cancel your backing at any time before the completion of the Project Backing Period by contacting Customer Service here or online under the My Orders section of your account. You may also exercise the rights set out in section 10 in relation to the Crowdfunded Products you backed.

Revocation of backing

We reserve the right to revoke your backing at any time as a result of your violation of these Terms.

5. Our contract with you

By clicking on the “Pay now” button, you are making a binding offer to purchase the items in your shopping cart. Once you have submitted your order, we will send you an automatic confirmation of receipt. This does not mean that the order has been accepted. Your order is accepted by us when you receive a dispatch confirmation of the order, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product and/or Services. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, a credit reference we have obtained for you does not meet our minimum requirements, we have identified an error in the price or description of the Product and/or Services or because we are unable to meet a specified delivery deadline.

If you have any questions concerning your order of the Product and/or Services or if you would like to change your delivery details, you may contact Customer Service here.

6. Our Products and Services

Each Product or Services are sold subject to their description on their product/services page. Such description may set out additional terms related to the Product or Services including, without limitation, delivery time and delivery costs.

The images of the Products on our Site are for illustrative purposes only. Although we aim to display the Products accurately, we cannot guarantee that a device's display of the Products accurately reflects the Products. Your Product may vary slightly from those images. The packaging of your Product may also vary from that shown in images on the Site.

7. Price and payment

The price of the Product and/or Services (which includes the applicable VAT) will be the price indicated on the order pages when you place your order. The sale of the Products shall attract VAT at the applicable rate of 19% in Germany, whereas the sale of Services shall attract VAT at the applicable rate of 21% in the Netherlands (unless such VAT does not apply to such Products and/or Services). Notwithstanding the above, the applicable VAT rate for both Products and/or Services may be amended from time to time in accordance with the applicable VAT rate in the relevant jurisdiction.

We take all reasonable care to ensure that the price of the Product and/or Services advised to you is correct. However, it is always possible that, despite our reasonable efforts, some of the Products and/or Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s and/or Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s and/or Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error (such as an error in calculation, computing errors or other pricing errors) is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract without undue delay, refund you any sums you have paid and either not deliver the Product or require the return of any Product provided to you.

We accept MasterCard, Visa, Maestro and PayPal.

When you must pay depends on whether you are purchasing the Product, Services or backing a Crowdfunded Product:

  1. For Products, you must pay for the Product before we dispatch it. With the exception of Crowdfunded Products (as set out below), we will not charge your credit or debit card until we dispatch the Product to you.
  2. For Services, you must pay before we start providing Services to you.
  3. For a Crowdfunded Products, please see the payment details in section “Crowdfunded Products”.

By providing a payment method that we accept, you authorise us (or our third party payment provider) to charge your payment method for the total amount of the price of the Product and/or Services that you order or your backing of the Crowdfunded Product, as applicable (including any applicable taxes and other additional charges that you agreed to when placing an order for a Product and/or Services or backing the Crowdfunded Product). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order for a Product and/or Services or backing of a Crowdfunded Product may be suspended or cancelled. You must resolve any problem we encounter before we will proceed with your order for a Product and/or Services or accepting your backing of a Crowdfunded Product. In the event you want to change, or update payment information associated with your backing of the Crowdfunded Product, you can do so at any time by contacting Customer Service here.

The amount billed may vary due to changes in the VAT amount applicable between the order date and the date of delivery, and you authorise us (or our third-party payment provider) to charge your payment method for the corresponding amount.

If you think an amount charged to you is wrong, please contact us promptly to let us know.

8. Fraudulent or unauthorised activity

As part of our order processing procedures, we may screen received backings of a Crowdfunded Product and orders for Product and/or Services for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order or backing due to suspected fraud or unauthorised or illegal activity. If we suspect fraudulent, unauthorised or illegal activity, we may reject your backing or order, or we may contact you at the phone number or email address you provided to confirm your backing or order. We also reserve the right to cancel any accounts or refuse to deliver to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

9. Delivery

Delivery costs

The costs of delivery will be as displayed to you on our Site. At checkout, the total amount for “Delivery” will include all applicable duties and fees (in addition to all freight and handling fees) and the total amount includes VAT. We may increase, decrease, add or eliminate delivery, handling and processing charges from time to time, including based upon changes to your account, but we will provide a notice of the charges applicable to you. Any such changes will not apply to orders submitted before the change was made. Generally, delivery is handled by a third-party courier.

Timing of delivery

We will let you know the delivery date range for the Products during the order process. Once your Product has been dispatched, please allow 2-3 business days for delivery. Please allow 1-2 additional business days for delivery to islands and outer areas.

For Crowdfunded Products and pre-order Products, the date listed on the Site is an estimate of when such Products are expected to be available — not a guarantee to fulfill the order by that date. The schedule may change as production on such Products continues. Once your Crowdfunded Product or pre-order Product has been produced, please allow 2-3 business days from dispatch for delivery.

Some Crowdfunded Product and pre-order Product orders may contain multiple deliveries. In these cases, you may see more than one delivery date range.

Please note that all information about the delivery of a Product on the Site or in these Terms is merely estimated information and contains approximate values and does not constitute binding or guaranteed shipping or delivery dates, unless expressly stated otherwise in the shipping options for the respective Product.

Delays in delivery

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.

Missed delivery

If you are not at home when the Product is delivered and the Product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Product from a local depot. If you do not rearrange delivery or collect the Product from a delivery depot, we will contact you for further instructions and you are liable for the costs of the failed delivery. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection, we may end the contract with you and section 12 below will apply.

Late Delivery

You have certain legal rights if we deliver any Product late. If we miss the delivery deadline for any Product, then you can cancel the contract if any of the following apply:

(a) we have refused to deliver the Product;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

 

If you do not wish to cancel the contract or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the contract if we do not meet the new deadline.

If you cancel the contract for late delivery, you can cancel your order for the Product or reject the Product that has been delivered. If you wish, you can reject or cancel the order for some of the Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Product has been delivered to you, you must post the Product back to us. We will pay the costs of return in this circumstance. Please contact Customer Service here for a return merchandise authorisation number.

When you become responsible for the Product

A Product will be your responsibility from the time we deliver the Product to the address you gave us.

When you own the Product

You own a Product once it has been delivered to you and the purchase price has been paid in full.

Suspending the supply of the Products and/or Services and your rights

We may have to suspend the supply of a Product and/or Services to:

(a) deal with technical problems or make minor technical changes;
(b) update the Product and/or Services to reflect changes in relevant laws and regulatory requirements; and/or
(c) make changes to the Product and/or Services as notified by us to you.

 

We will contact you in advance to tell you we will be suspending supply of the Product and/or Services, unless the problem is urgent or an emergency. If we suspend the Product and/or Services, or tell you we are going to suspend it, in each case for a period of more than 10 business days, you may contact us to end the contract with us and we will refund any sums you have paid in advance for the Product and/or Services.

We may suspend the supply of a Product if, for whatever reason for which Hasbro is not responsible, it is not possible to make the Product or if materials to make Products are not available, we will immediately inform you of these circumstances and refund you the full amount that you were charged for the Product.

We reserve the right to cancel the supply of Products if, as a result of a force majeure event, delivery to you becomes impossible or can no longer be reasonably expected of us. Delivery cannot be reasonably expected of us if, when considering the contractual obligations and the principle of good faith, delivery as contractually agreed would result in costs in gross disproportion to the customer’s interest in performance. This right of cancellation is excluded if we are responsible for the circumstances resulting in the fact that delivery to the customer becomes impossible or can no longer be reasonably expected of us. We will inform you as soon as reasonably possible about non-delivery and reimburse you without delay any payments already made by you.

If you do not pay us for the Products and/or Services when you are supposed to and you still do not make payment within 5 business days of us reminding you that payment is due, we may suspend supply of the Product and/or Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Product and/or Services. We will not suspend the Product and/or Services where you dispute the unpaid invoice.

Additional delivery information

When your order consists of multiple Products, we will always attempt to group your Products into as few deliveries as possible. At times, when your order contains multiple Products, it may be necessary to send your Products in separate deliveries to ensure that you receive them in a timely manner. If this happens, we will contact you for your instructions before we accept your order. Generally, delivery is handled by a third-party courier. For more information on delivery please see the Delivery & Return Policy or your order confirmation.

10. Faults, your right to end the contract / cancel or withdraw orders

(a) 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 as they are described when you order the relevant Products.

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 the separate section on the extended right to return Products):
  • 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 reduce the purchase price; or
      • return the Product to us and get all of your money back. 

Please note that you also have a statutory right to withdraw from the contract (please refer to the separate withdrawal instructions).

If you have asked us to repair or replace the item within the 30-day period of your extended right to return Products 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 under your extended right to return Products and get your money back.

For consumers, the statutory limitation period of two years from handover of the Products shall apply vis-à-vis us. Excluded from this are claims for injury to life, body or health which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours. The customer's statutory claims for defects against us shall remain unaffected in the event of the existence or acquisition of a guarantee for the ordered Products.

If you request a repair or replacement of the Product, you must return the Product to us. Please contact Customer Service here 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 requires expenses or costs which are 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.

(b) 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 and/or Services 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, the Services 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 and/or Services may be significantly delayed because of events outside our control;
  • we have suspended supply of the Products and/or Services 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.

(c) Your right to withdraw from the contract

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 Hasbro Consumer Affairs Department, Overweg 29, 59494 Soest, Germany, Telephone: 0800 5556130, Email: customerservice_de@hasbropulse.com) with an explicit declaration (e.g. by a letter sent by post 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 here. 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.

Consequences of the 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. 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 loss in value of the Products if this loss in value is due to handling of the Products that is not necessary for testing the quality, 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 customised, bespoke, made to customer specification or 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 Pulse Premium, please refer to the Hasbro Pulse Premium Terms of Use.

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

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Products (*)/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.

(d) Extended right to return Products up to 30 days after receipt

Without prejudice to your statutory rights, 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 aforementioned exceptions 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). For the avoidance of doubt, the period to withdraw from the contract and the period under this extended right to return Products are not added up and the maximum period to return Products in accordance with this extended right to return Products is 30 days of receipt of the Products.

This extended right to returns 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.

(e) 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.

(f) All other cases

Where we are not at fault and where you do not have a right to withdraw or your extended right to return Products, 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 & Return Policy.

11. How to end the contract with us

To end the contract with us – other than by exercising your right of withdrawal - in respect of a Product or the Services, please let us know by doing one of the following:

(a) By Contacting Customer Service here: Monday to Thursday 8:00am to 3:00pm, Friday 8:00am to 12:00pm in Germany but excluding weekends and public holidays.
(b) By Phone: 0800 5556130 – Monday to Thursday 8:00am to 3:00pm, Friday 8:00am to 12:00pm in Germany but excluding weekends and public holidays.
(c) Online: Login to your account, navigate to ’My Orders’, click into your order, then cancel the item (for pre-order Products and Crowdfunded Products only). For more information on order cancellations, see our Delivery & Return Policy.
(d) By Post: Print off the Model Cancellation Form and post it to us at the address at Hasbro, D2C Consumer Affairs Department, Overweg 29, 59494 Soest, Germany. You can also write to us at that address, including the details of the Products and/or Services you bought, when you ordered or received them and your name and address.
(e) Complete the model cancellation form and send it to us by email customerservice_de@hasbropulse.com or post as outlined above.

 

Returning the Products after ending the contract

If you end the contract for any reason – other than by exercising your right of withdrawal - after the Product has been dispatched or delivered to you and you want a refund, you must return the Product to us. You must post the Product back to us at Hasbro Deutschland GmbH, D2C, Overweg 29, 59494 Soest, Germany. Please contact Customer Service here for a return merchandise authorisation number and further instructions. In case you exercise your right of withdrawal from the contract, returning Products will be handled as described above.

Costs of return

We will pay the costs of return if:

(a) the Product is faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming material change to the Products and/or Services or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

In all other circumstances (including where you are exercising your right to withdrawal) you must pay the costs of return.

Refunds

Where you are eligible for a refund, 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.

12. Our right to end the contract with you

We may end the contract with you at any time by writing to you if:

(a) you do not make any payment to us when it is due, and you still do not make payment within 10 business days of us reminding you that payment is due; or
(b) you do not, within a reasonable time upon requesting you, allow us to deliver the Product to you or collect them from us.

 

If we end the contract in the situations set out above we will refund any money you have paid in advance for Product and/or Services we have not provided but we may deduct or charge you a compensation for the lost value of Products and/or Services as well as be able to claim damages we will incur as a result of your breaking the contract.

13. Complaints about the Products and Services

If you have any questions or complaints about the Products or Services, please contact Customer Service here.

14. Ownership of the Site and its content

The Site and all patents, trade marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software) and topography rights, know-how, processes, names of intermediaries and other customers, suppliers and third parties, and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) content, materials, trade dress, logos, illustrations, product layout and design, icons, images, artwork, graphics, photography, text, data, audio (including sound effects), software, and infrastructure, as well as the selection, assembly and arrangement thereof and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection (collectively, the “Hasbro IP”) are the property of Hasbro or our licensors or licensees and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to infringe our and/or our licensors’ or licensees’ intellectual property rights in the Site nor to do or permit anything to be done which may be detrimental to the Site or which may be inconsistent with or damage our reputation and/or the reputation of our licensors or licensees. You will not sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials of the Site, including without limitation Hasbro IP unless such acts are specifically allowed under applicable law. HASBRO, HASLAB, HASBRO PULSE and the respective logos are trade marks of Hasbro, Inc. All other trademarks are the property of Hasbro or their respective owners. All of the Site's content is copyrighted by Hasbro, Inc. All rights reserved.

Except as expressly set forth in these Terms, no licence is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Hasbro.

15. Linked Sites

The Site may contain links to third party websites or applications, and your use of such sites or applications will be governed by the terms of use and privacy polices of their owners and operators (the “Linked Sites”). Linked Sites are not under our control and we are not responsible for the availability or contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.

16. Your use of the Site

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 solely to the extent permitted under these Terms. The foregoing limited licence:

(a) does not give you any ownership of, or any other intellectual property interest in, the Site,
(b) may be immediately suspended, 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,
(c) 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 caused by you, 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. 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:

(a) the Site has not been developed to meet your individual requirements;
(b) 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”;
(c) 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;
(d) information and telecommunications systems are not error-free; and
(e) 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:

(a) 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;
(b) gain access to the Site in a fraudulent manner;
(c) gain access to any other user’s account without permission;
(d) circumvent geographic restrictions of the Site or attempt to access any feature or area of our Site that you are not authorised to access;
(e) 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;
(f) contact other users of the Site for any reason, including to unsolicited advertising or promotional material for personal or commercial solicitation including “spam”, “junk mail”, “chain letters” or “pyramid schemes”;
(g) 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;
(h) 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;
(i) permit any third party to access or use the Site (except as otherwise permitted);
(j) use robot technology on the Site for any purpose, including crawling, scraping, or spidering any parts of the Site;
(k) 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;
(l) engage in unfair, predatory or deceptive practices or in any fraudulent activity on the Site or further any fraudulent purpose on the Site;
(m) upload or submit any content that is harmful, threatening, abusive, harassing, offensive, discriminatory, threatening, obscene, inflammatory, defamatory, or, in our sole discretion, 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;
(n) use the Site in any way that is not compliant with, or breaches, any applicable laws or regulations;
(o) 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
(p) 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.

16.1 User Content and Feedback

We allow users of the Site to post ratings, reviews, questions, pictures and other materials about Products and Services featured on the Site (collectively, the “Content”).

In addition, you may post, submit or otherwise communicate to us questions, comments, suggestions, ideas, original or creative materials or other information about Hasbro, our Products or Services (collectively, the “Feedback”).

By submitting any Content or Feedback (collectively, the “User Material”), you agree:

(a) that the User Material is original and, to the best of your knowledge, accurate;
(b) that the User Material is not confidential or proprietary to you;
(c) to grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use and publish, display, edit, modify, translate, reproduce, distribute, store and prepare derivative works of, the User Material; and
(d) that you will not assert any moral rights against us in respect of the User Material.

 

In addition:

(a) you agree and ensure that:
  • you are the owner of the User Material, or have the right and have obtained all necessary consents to, grant us the rights set out in these Terms in respect of the User Material; and
  • the User Material will not infringe the intellectual property rights of others.
(b) subject to the Hasbro Pulse Privacy Policy, you grant us the right to use the name or nickname you submit in connection with our use of any User Material.

 

Please note that we have no control over, and no ownership of, any User Material and users are solely responsible for any User Material they post. We make no representations or warranties concerning any User Material. We may, in our sole discretion, remove any User Material from the Site.

If you have posted Product and/or Services-related User Material that you want us to remove from the Site, please contact Customer Service here. Please note that we may still use the User Material as described above after it has been removed from the Site.

17. Disclaimers and Limitation of Liability

17.1 DISCLAIMERS

THE SITE AND ALL CONTENT THEREOF (INCLUDING LINKED SITES BUT EXCLUDING ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES) ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HASBRO AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS (TOGETHER WITH HASBRO, THE “HASBRO PARTIES”) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THE SITE (SAVE FOR ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HASBRO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE SITE (SAVE FOR ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES). WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE (SAVE FOR ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES). WE DO NOT WARRANT THAT THE SITE AND ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

17.2 LIMITATION OF LIABILITY

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:

(a) liability for death or personal injury;
(b) for fraud or fraudulent misrepresentation, intent or gross negligence;
(c) liability in accordance with mandatory provisions such as the Product Liability Act and
(d) to the extent of any guarantee given.

 

In case of a slight negligent breach of an obligation which is essential for achieving the purpose of the contract, our liability shall be limited to the amount to the damage which is foreseeable and typical for the type of transaction in question.

All other liability shall be excluded.

The above limitation of liability shall also apply to the personal liability of our employees, representatives and bodies.

We are not responsible if we do not comply with any of these Terms:

(a) due to abnormal or unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite our efforts to the contrary; or
(b) where our failure to comply is due to our obligations under any laws or regulations.

 

18. Waiver; Remedies

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products and/or Services, we can still require you to make the payment at a later date.

Our rights and remedies under the contract with you and any other applicable agreement between you and Hasbro will be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

19. Governing Law; Venue

These Terms and any dispute or claim arising from these Terms (including any relevant non-contractual disputes or claims) will be governed by and construed and enforced 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, which means that you may bring a claim to enforce your consumer protection rights in connection with this Agreement in Amsterdam or before the courts in 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.

20. Modifying and terminating our Site

We may suspend or stop providing or restrict availability of all or portions of our Site at any time for business and operational reasons (including but not limited to maintenance or upgrades). We will notify you reasonably in advance of any suspension or withdrawal. We will not notify you if this would compromise our reasonable security measures or it would be unlawful for us to notify you. You also have the right to stop using our Site at any time.

Errors and Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. If we identify any errors, inaccuracies or omissions affecting your order after you place your order, we will contact you for your instructions before we accept your order. We reserve the right to correct any minor technical errors, inaccuracies, or omissions which do not affect your order. We sincerely apologise for any inconvenience this may cause.

21. Severability

If the court finds that any provision or part of a provision of these Terms is illegal, the remaining provisions will remain in full force and effect.

22. Other important terms

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 for contractual purposes and transactions between us may be conducted electronically.

We may transfer our rights and obligations under these Terms in relation to a Product or the Services to Hasbro Promotions International B.V., De Entrée 240, 1101EE Amsterdam or another organization or person. 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 an organization or person other than Hasbro Promotions International B.V., 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:

(a) 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
(b) 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.

23. Questions

Should you have any questions regarding these Terms please contact Customer Service here.