Hasbro Pulse - Terms of Use

Hasbro Pulse – Terms of Use

(Last Updated: 21 September 2022)

PREAMBLE

Who we are

Welcome to Hasbro Pulse, an ecommerce platform featuring Hasbro fan products (the “Products”), to order, and content operated by Hasbro Promotions International B.V. and its subsidiaries and affiliated companies (“Hasbro”, “we”, “our” or “us”) at Hasbro Pulse 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 subscribe to the Hasbro Pulse Premium program (the “Services”).

These Terms 

Your access to and use of the Site, including creating an account, ordering Products, subscribing to 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 Notice.

Please read these Terms carefully before you access or use the Site. 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 and do not purchase the Products/Services.

The operation of these Terms may vary depending on where you reside – please ensure that you review section 25 (Country Specific Terms).

These Terms are in addition to any legal rights and remedies you may have under the applicable law.

Use of the Site / Services and purchase of Products

If you are using the Site and the Services and/or are purchasing the Products on behalf of any person or legal entity, you agree to these Terms on behalf of yourself and any such person.

In addition to the above, in the event that you provide us with personal information that is not your own (e.g. if you buy Products on someone else’s behalf), you must ensure that the person who’s data it is has been informed and ensure that they have authorised you to process their data on an appropriate legal basis.

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 person’s and/or entity’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 companies, bodies corporate, corporations sole or aggregate or other legal entities. 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

Imprint:

Owner and publisher of the site and details of trader selling Products:

Hasbro Promotions International B.V.

De Entrée 240, 1101 EE, Amsterdam

Director: Wouter Benning

Registration Number: 83699635

VAT Registration Numbers:  NL862962596B01 and DE350191787

 

Mailing address:

Hasbro D2C Consumer Affairs Department

Overweg 29

594494 Soest

Germany

 

Telephone: 0800 55 56 130

E-mail: customerservice_eu@hasbropulse.com

When you make a purchase of the Products on our Site you are placing an order with Hasbro Promotions International B.V.

You can contact Customer Service here.

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

Our right to make changes

We may amend these Terms on the basis outlined in this section 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 and Products, for example to:

  • reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements;
  • address a security threat, which will not affect your use of the Site or Products;
  • enhance existing features or add additional features to the Site;
  • to reflect advancements in technology;
  • make reasonable technical adjustments to the Site and Services; and/or
  • ensure the ongoing operability of the Site.

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 any changes to these Terms, we will provide you with notice of such changes by updating the “Last Updated” date at the beginning of these Terms and by sending you an email at the last email address you provided to us, and by prominently posting notice of the changes on the Site. You may then contact us to end your contract with us before the changes take effect and receive a refund for any Products paid for but not received. By continuing to access or use the Site, you confirm your acceptance of the revised Terms and all of the terms incorporated by reference in respect of your use of the Site.

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.

Table of Contents 

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

 

1. Services Operation & Eligibility

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 who agrees to be bound by these Terms and the Hasbro Pulse Premium Terms (if applicable). We may withdraw your access to our Site and the Services if we reasonably believe you are below 18 years of age. 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. 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 (e.g. if it is not contrary to good morals, public order and legal regulations in force). 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. If we terminate your account, you will receive prior notice and 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 Hasbro specific 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, you will receive prior notice and we will refund any money you have paid in advance for the Services we have not provided. You acknowledge and 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. 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 (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 (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.

3. Our Products and Services

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

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.

4. Price and payment

The price and payment method of the Product and/or Services (which includes VAT, where applicable) will be the price indicated on the order pages when you place your order.  Prices for Products and Services do not include delivery costs, for which please refer to section 6 below. 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. If we discover an error in the price of the Products, we will contact you and give you the option of reconfirming your order at the correct price or cancelling it. 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 we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and either not deliver the Product or require the return of any Product provided to you at Hasbro’s cost.

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. If we are unable to contact you or you do not reconfirm the order, we will treat the order as cancelled.

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 Crowdfunded Products, please see the payment details in section “Crowdfunded Products”.

By providing a payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that 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 .

You acknowledge that 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.

5. Our contract with you

Products

In respect of Products, 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.

Your order is only deemed accepted by us when you receive a dispatch confirmation of the order, at which point a contract will come into existence/full effect between you and us in respect of the Products. A contract for Products expires when the Products are delivered to you and the right to cancel or withdraw elapses.

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.

Services

For the Services, please refer to the Hasbro Pulse Premium Terms, which will apply in addition to these Terms.

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 . 

6. 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 shipping 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 prior 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. Please see Delivery and Returns for more detail on delivery timings.

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 of such Products continues. Once your Crowdfunded Product or pre-order Product has been produced, please see Delivery and Returns for more detail on delivery timings.

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

Delays in delivery

 

If our supply of the Products 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.

 

Missed delivery

If you are not at home when the Product is delivered and the Product cannot be delivered, 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 re-arrange delivery or collect the Product from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange 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 may treat the contract as at an end straight away if any of the following apply:

 

(a) we have refused to deliver the Product or it is clear from the circumstances that we will not deliver;

(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 treat the contract as at an end straight away, 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 treat the contract as at an end if we do not meet the new deadline.

 

If you do choose to treat the contract as at an end 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 for a return merchandise authorisation number. You will need to provide return merchandise authorisation number in order for us to process your returned Products. All unauthorised returns will be returned to sender.

 

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.

 

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 for the following reasons:

 

  • to deal with technical problems or make minor technical changes;
  • to update the Product and/or Services to reflect changes in relevant laws and regulatory requirements; and/or
  • to 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.

 

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 Delivery and Returns or your order confirmation.

Please note we cannot deliver to a P.O. Box or any other country not listed at this time.

7. Hasbro Pulse Premium

Our provision (and your use) of the Services is subject to the Hasbro Pulse Premium Terms which will apply in addition to these Terms.

8. Crowdfunded Products

Overview

When you back a Crowdfunded Product, you are making a commitment 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 produced, 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 it is not possible to make the Crowdfunded Product (even if the minimum number of backings has been met), we will notify you 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 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 material violation of these Terms.

9. 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.

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

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

 

YOUR STATUTORY RIGHT TO WITHDRAW:

 

INSTRUCTION ON RIGHT TO WITHDRAW

 

You can change your mind and have the right to withdraw from the contract within 30 calendar days of receipt of your Product without giving a reason. The withdrawal period will expire 30 calendar days from the day on which you or a third party named by you, who is not the carrier, has taken physical possession of the Products or the last Products, in the case you have ordered multiple Products in one order and these Products are delivered separately.  

 

To exercise your right of withdrawal, you must inform us explicitly of your decision to withdraw from this contract by letter, email or phoning us through Customer Service.

 

You can use the model withdrawal form as set out at the end of these instructions if you wish to withdraw in writing, but it is not mandatory. 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 meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal (e.g. by letter) 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 undue delay and at the latest within 14  calendar days from the day on which we received the notification of your withdrawal from this contract, on condition that the Products and/or Crowdfunded Products had already been received or, at least, you had provided suitable proof that you have returned the Products and/or the Crowdfunded Products, whichever is the earlier.

 

For any repayment we make to you, 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. You must return or hand over the Products to us without undue delay and in any event no later than 14 calendar days from the day on which you notify us of the withdrawal from this contract.

 

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 (*)/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.

  • 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 calendar days following delivery of the Product under your right to return Products, you can:
    • ask us to repair or replace the Product; or
    • return the Product by exercising your right to withdraw and get all of your money back;
  • after this 30-day calendar 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.

Please also see the Right to Withdraw you have under section 10(a).

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

Nothing in these Terms is intended to limit a consumer’s statutory rights (such as statutory limitation periods, guarantees or warranties prescribed by law) which shall apply from handover of the Products from us to you.

 

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 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 ten (10) business 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 in accordance with the terms outlined in this section 10 (Your right to end the contract / cancel or withdraw orders, Faults).

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

For the Services, if you decide to unsubscribe within 30 calendar days of purchasing the Services, you will be refunded the standard annual subscription fee you have paid. However, if you requested the Services to begin during the initial 30 day-calendar period from purchasing the Services, we may deduct an amount proportionate to the Services we have provided to you up until the cancellation date.

  • 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 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 must 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.

11. How to end the contract with us

To end the contract with us in respect of a Product or the Services, please let us know by doing one of the following:

  • By Contacting Customer Service here.
  • 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 Delivery and Returns.
  • By email: customerservice_eu@hasbropulse.com
  • By Phone: Telephone: 0800 5556130
  • By Post: Print and complete the Model Withdrawal Form and send to Hasbro D2C Consumer Affairs Department, Overweg 29, 59494 Soest, Germany, Telephone: 0800 5556130. 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.
  • Complete the model withdrawal form and send by email to customerservice_eu@hasbropulse.com

Returning the Products after ending the contract

If you end the contract for any reason after the Product has been dispatched or delivered to you and you want a refund, you must return the Product to us. Please read our Delivery and Returns for more information.

Costs of return

We will pay the costs of return if:

  • the Product is faulty or misdescribed; or
  • 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 of withdrawal) you must pay the costs of return.

Refunds

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.

However, if you are exercising your right to withdraw:

  • we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product, 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. If we refund you the price paid before we are able to inspect the Product and later discover you have handled the Product in an unacceptable way (for example damaged packaging or the product is damaged itself), you must pay us an appropriate amount; and
  • if you have requested that the Services commence during the withdrawal period, we may deduct from any refund in respect of Services an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full price of the contract.

We will make any refunds due to you as soon as possible.

If you are exercising your right to withdraw, we will make a refund within 14 calendar days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. In all other cases, your refund will be made within 14 calendar days of your telling us you have changed your mind.

12. Our right to end the contract with you

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

  • you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due; or
  • you do not, within a reasonable time, 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 reasonable compensation for the net costs 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, please contact Customer Service.

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 or challenge 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, 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 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 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 acknowledge and 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
  • 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.

17. 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:

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

In addition:

  • 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.

 

  • subject to the Hasbro Pulse Privacy Notice, 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.

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

18. Disclaimers and Limitation of Liability

18.1 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.

18.2 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:

  • liability for death or personal injury;
  • liability for fraud or fraudulent misrepresentation, intent or gross negligence;
  • liability in accordance with mandatory provisions of your legal rights in relation to the Products and/or Services or which can otherwise not be excluded under the applicable law;
  • mandatory statutory liability for defective products; and
  • liability which falls under 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 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:

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

19. 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.

20. Governing Law; Venue

These 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 Terms in the courts of Amsterdam (the Netherlands) 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.

21. 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.

22. If a court invalidates some of these terms

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

23. 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 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.  

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.

24. Questions

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

25. Country Specific Terms

If you are based in Germany – Germany Annex

The 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, please review the TOUGA in addition to these Terms.

If you are based in Italy - Burdensome Terms

In addition to the acceptance of the Hasbro Pulse Terms of Use, you expressly acknowledge and accept the following terms of the Hasbro Pulse Terms of Use:

Preamble to the Hasbro Pulse Terms of Use; 1. “Your Account; Electronic Communications”; 2. “Your Account; Electronic Communications”; 4. “Price and Payment”; 5. “Our contract with you”; 6. “Delivery”; 10. “Your right to end the contract / cancel or withdraw orders, Faults”; 11. “How to end the contract with us”; 12. “Our right to end the contract with you”; 15. “Linked Sites”; 16. “Your use of the Site”; 17. “Disclaimers and limitation of liability”; 18. Waiver; Remedies; 19 “Governing Law; Venue”; 22. “Other important terms”


If you are based in France – Conformity Notice


If you are a resident in France, then please note the following notice (the “Conformity Notice”). To the extent there is a conflict with the Conformity Notice below and the rest of these Terms, the Conformity Notice shall prevail.

Conformity Notice

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.

The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his/her request, without charge and without major inconvenience to him/her.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the good.           

The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund in exchange for the return of the good, if:

1° The professional refuses to repair or replace the goods;    

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he/she bears the cost of installing the repaired or replaced good;        

4° The non-conformity of the goods persists despite the seller's attempt to bring the goods into conformity, which has been unsuccessful.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.    

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period of immobilization of the good for repair or replacement suspends the guarantee that was still running until the delivery of the good in its original condition.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller which obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.