Enesco, LLC

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Legal

Trademark and Copyright Information

The brand names, products and other trademarks, as well as the designs of all Enesco products and promotions belong exclusively to Enesco, LLC and /or its subsidiary companies, and are protected from copying and simulation under national and international trademark and copyright laws and treaties throughout the world. The contents of the Enesco web site are protected from copying and distribution under national and international copyright laws and treaties throughout the world. Copyright © 2013 Enesco, LLC. All rights reserved.

Disclaimer of Warranty and Limitation of Liability

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. Enesco does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Enesco will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, Enesco cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Neither Enesco, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Enesco or of any vendor providing software or services. Enesco cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

Privacy Policy


Collection and Use of Personal Information

When you place an order at Enesco.com, we require you to provide us with personally identifiable information. This information provides us the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information may consist of: your name, address, telephone number, email address, birth date, billing information, occasion type (Valentine's Day, etc.), products purchased, any relevant promotion code and information and the recipient's name, address, telephone number, email address and any other information you may provide us. We use Personally Identifiable Information for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers. Personally Identifiable Information is compiled by us and analyzed on both a personal and an aggregated basis.

We may contract with some third-parties to provide services including but not limited to credit card processing, distribution, data management, etc. We only provide these third parties with the information needed for them to complete these services. We also ask any third parties to confirm their security and privacy policies are consistent with ours.

When you place an order, we will establish your own Personal Account where information used in placing such order is saved. Your Personal Account is password protected from all third parties. You may access your Personal Account by requesting your password from us (go to My Account) and then signing in with that password. Afterward, you may change your password, edit your Personal Information or request a password reminder at any time. Our database stores your billing and delivery information, and will automatically transfer it to the order form each time you place an order so that you do not have to re-enter this information when you sign in at subsequent visits.

Within your Personal Account, you may opt in for our additional services. We may use your contact information so that you receive the full benefit of these services. You may view, edit or opt out of these services at any time.

Your password will be your personal and confidential code to access your personal accounts on our sites. You may change your password as often as you would like.

Cookies

A cookie is a small file that can be stored on your computer's hard drive. Enesco.com uses cookies so that we can better serve you when you return to our site. You may be able to set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, please note if you disable cookies, you may not be able to view all the pages or functions within our sites. Our cookies do not contain any personal information about you so enescoclubs.com will not be able to determine ytour identity. During your visit, we will record information regarding the number of visits you make to the various pages of our site. This information helps us determine the areas of enesco.com or enescoclubs.com that are most attractive to our visitors, so that we can make improvements or add new features based on our visitors' interests.

IP Address

An IP address is a number that is assigned to your computer when you are using your browser on the Internet. The servers that serve our web site automatically identify your computer by its IP address. We do log IP addresses, but the addresses are not linked to individual customer accounts nor are they used in any other way to personally identify our customers.

Links to Other Sites

Visitors will find links from enesco.com to independently-owned, controlled and/or managed World Wide Web or internet sites whose content may be of possible interest to our visitors. In many cases, but not always, the links represent cooperative projects or mutual links established with the organizations connected with these sites. While we initially visit these sites to which we directly link, please note that we do not control the content that appears on these sites and such content may be constantly changing. We encourage parents or guardians to monitor their children's online use, and to help us protect their privacy by instructing them never to provide personal information without permission.

Security

Consumers are able to order online with the use of a credit card. In such instances, Enesco uses secure server software over a Secure Socket Layer (SSL) line, the latest technology to protect your credit card information. SSL is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your credit card information so that the information from your credit card cannot be read as it travels over the Internet.

Electronic Greetings

Your electronic greeting messages are always considered confidential and securely protected. Electronic greetings will only be accessed when in rare circumstances it is necessary for the purpose of completing your request.

Survey Responses

Periodically, enesco.com or enescoclubs.com will encourage consumers or Club members to participate in surveys or contests. The information we collect from these surveys is used to improve your overall customer experience. In the case of a Club site contest or a request for a response, the submission may be shared with other Club members through a posting on the Club site. Any Club member submitting responses through this vehicle automatically grants permission for their response to be posted within that Club site. It is Enesco's policy never to post on its site, more than a child's first name, last name initial, age and state.

Questions?

If you have any questions regarding our privacy policy, you may contact Enesco through our Contact Us link on the navigation bar or by mail to the following address:
Enesco, LLC.
225 Windsor Drive
Itasca, IL 60143

Safe Harbor Policy

Enesco, LLC ("Enesco"), parent company to Enesco Limited and Enesco France, S.A.S., acknowledges the EU's standard for personal data protection. Enesco has a need to extract and compile the personal data of employees and customers in the EU. This Policy addresses the privacy concerns of European employees and customers and the business concerns of the company.

Enesco is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles with regard to our use of certain personal data. For more information about the Safe Harbor principles and certification process, please visit the U.S. Department of Commerce’s Safe harbor Web site at http://www.export.gov/safeharbor/. This Policy applies to all personal data transmissions from Enesco operations in EU countries to the United States. This includes transmission of data over phone lines, computer lines, and in hard copy, and includes such material as payroll records, telephone records, business information, club membership information, performance evaluations, and any material that identifies a particular individual employee or customer.

The use of EU personal data will include global enterprise headcount reporting, statistical analysis, compensation planning and related transactions, career development, staffing, international personal security issues, internal investigations ethics investigations, law enforcement inquiries, U.S. Government agency inquiries, business planning and reporting and mergers, acquisitions and divestitures.

Guidelines

Enesco has adopted the seven Safe Harbor principles of notice, choice, onward transfer (transfer to third parties), access, security, data integrity and enforcement with respect to personal data to be transferred to the U.S. from Enesco operations in the EU.

Notice – Enesco will notify employees and customers in the EU about the purposes for which personal data will be collected and used. Information will be provided on how employees and customers can contact Enesco with inquiries or complaints regarding personal data. Enesco will give notice to employees and customers regarding third parties to which it discloses the information, and restrictions that limit the information's use and disclosure. In certain situations, data is "anonymized" so that the names of the data subjects are not known by data processors within Enesco. In these cases, data subjects do not need to be notified.

Choice – Prior to releasing personal data to a third party, Enesco will give an individual employee or customer the opportunity to choose whether their personal data is disclosed to that third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by that individual. For sensitive data, an affirmative choice will be given to the employee or customer if the personal data is to be disclosed to a third party or used for a purpose other than its original purpose or the purposes authorized subsequently by the individual.

Onward transfer – (transfer to third parties) – Prior to disclosing personal data to a third party, Enesco will apply the notice and choice principles, enumerated above. Enesco will commit to ensuring that the third party keeper of personal data also subscribes to the Safe Harbor Principles or any other EU adequacy finding. Enesco will also enter into a written agreement with such third party requiring that the third party provide at least the same level of personal data protection as is maintained by Enesco.

Access – Employees and customers covered under this policy will have access to personal information about them that Enesco holds and will be able to correct, amend or delete information if it is inaccurate (the exception is when the burden or expense of providing access would be disproportionate to the risks of the individual privacy in the case in question or the rights of persons other than the individual would be violated.)

Security – Enesco will take reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Data Integrity – Personal data kept by Enesco will be relevant for the purposes for which it is to be used. Enesco will take reasonable steps to ensure that the data is reliable and that it is applied to its intended use. Enesco will also ensure that the information is accurate, complete and correct.

Enforcement – To ensure compliance with these Safe Harbor Principles, Enesco will:

  • Commit to cooperate with the Data Protection Authorities (DPAs) of the EU countries in the investigation and resolution of complaints and will comply with any advice given by DPAs;
  • Employ a procedure for verifying that the commitment the company has made to adhere to the Safe Harbor Principles has been implemented;
  • Remedy issues arising out of any failure to comply with the Principles. Enesco acknowledges that its failure to provide an annual self-certification to the Department of Commerce will remove it from its list of participants and the transfers of information will not be allowed unless Enesco otherwise complies with the EU Data Protection Directive.

The Enesco Human Resources and Legal Departments will be the internal mechanism for ensuring compliance with the Safe Harbor Principles and facilitating the independent recourse mechanism referenced in the "Enforcement" section above.

Access to personally identifiable personal data of EU employees and customers will be to a limited number of users on a need to know basis.

Definitions

European Union – The European Union ("EU") consists of 28 independent sovereign states: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Personal Data – (for the purposes of this policy) – Any personal information relating to an identified or identifiable natural person who is a Enesco employee or customer and who can be identified, directly or indirectly, in particular by a reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.

Self-Certification to the Department of Commerce – Enesco must certify to the U.S. Department of Commerce that it will abide by the Safe Harbor Principles. Enesco must also state annually in its published privacy policy statement that it adheres to the Safe Harbor principles.

Sensitive Data – Sensitive data is data that pertains to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, income records, health, sexual orientation or alleged commission of any offense. This data may not be transferred to a third party unless an individual gives explicit consent.

Responsibilities

Questions regarding the transmission of personal data from the European Union (EU) to the United States or any other non-EU location, or any further transmission of the personal data once received in the United States, should be referred to the Director of Human Resources at Enesco LLC. That individual is responsible for maintaining this document.

Enesco must annually, in writing, certify to the Department of Commerce that it agrees to adhere to the Safe Harbor Principles.

 

Policy of Enesco, LLC Regarding use of Enesco Brands and Trademarks by Dealers

Enesco® and other trademarks used by Enesco, including Department56®, Gund®, Snowbabies®, Boyds®, Possible Dreams®, Our Name is Mud®, Gregg Gift® (the "Enesco Brands") are owned and monitored by Enesco.

Dealers selling any products under the Enesco Brands are prohibited from using the Enesco Brands in the name of their store, whether brick and mortar or online, or in the domain name of the store. If reference to the Enesco Brands is made online on a dedicated webpage, dealers are allowed to reference the Enesco Brands in a URL but ONLY after the top level domain (after the .com, .net, etc., see example below).

Any other use of the Enesco Brands, including the commercial use of the Enesco Brands, is prohibited without the express written approval of Enesco. Any violation of this policy is in violation of applicable law, and will subject the violator to actions by Enesco, including the termination of some or all sales of the Enesco Branded products and/or potential legal action.

Example:
Incorrect Usage: http://www.department56corner.com
Correct Usage: http://www.christmasplace.com/department56

 

Authorized Dealership Policy for Enesco, LLC Card and Gift and E-Commerce Retailers

Effective March 12, 2014

This policy will apply to the following lines of products owned or licensed, produced and distributed by Enesco, LLC and its divisions or affiliates ("Enesco") through the Card and Gift or E-Commerce sales channels:

  • Jim Shore Enesco products
  • Department 56 Villages®
  • Snowbabies®
  • The Trail of Painted Ponies®
  • Boyds®
  • Cherished Teddies®

The brands listed above will be referred to in this Policy as the “Covered Brands.” In order to purchase any Covered Brand line, retailers must be approved as an Authorized Covered Brand Dealer by meeting with your authorized Enesco sales representative. Your representative will assist with your account setup and be your point of contact for ordering the Covered Brands. Enesco has unilaterally established this Dealership Policy such that all of the Covered Brands must be advertised at or above Enesco’s keystone price for such products. All advertised sales transactions are subject to this Policy, including but not limited to in-store, telephone, fax, e-mail and internet transactions. This Policy is not an agreement between the retailer and Enesco to establish or maintain any particular price on the Covered Brands. Enesco does not seek and will not accept dealer agreement to this Policy. Each dealer is free to establish prices at whatever levels it chooses. In accordance with applicable legal rules, we advise Authorized Covered Brand Dealers that pursuant to this Policy, Enesco will not offer any preferential terms/allowances to, and may refuse to deal with, Dealers that advertise and market any Covered Brand line at final retail prices below the keystone pricing (or twice the wholesale price).

Retailers selling the Covered Brands online, either directly or through a third party (such as Amazon.com, etc.), must either sell the Covered Brands under their own name, as set up in Enesco’s vendor system, or provide that selling name to Enesco so it can be added to their account information. In addition, retailers are not allowed to sell the Covered Brands through third party online selling services (Sears.com, Walmart.com, etc.) unless such third party has been approved by Enesco as an Authorized Covered Brand Dealer for the product being offered online through such third party. So, for example, if Enesco is not selling Department 56 Villages through Walmart (the brick and mortar store) or Walmart.com, then no retailer may sell such Covered Brand through Walmart.com.

Where retailers decide to market any Covered Brand line in a manner that is inconsistent with our retail policy, Enesco may exercise our right to cancel any/all preferential terms/allowances with, or to not make further sales to, that account of such Covered Brand or, at Enesco’s discretion, of all Covered Brands. When such decisions are made, they are not subject to any negotiation or modification.

Enesco has established this Policy because certain retailers are aggressively discounting their selling prices for the Covered Brands, resulting in thin and eroding margins. Low margins have limited retailers’ ability to effectively display, sell, deliver, service and otherwise provide a superior selling environment for the Covered Brands. To build the reputation and brand equity of the Covered Brands in the US for superior quality, design and customer service, we have established this Policy. Enesco also wishes to encourage inter-brand competition with other major brands of gift products that compete with the Covered Brands, and believes that this Policy will best allow it to promote such competition.

This Policy will replace all former or existing policies of Enesco related to the Covered Brands. Dealer questions as to this Policy should be addressed to Enesco by email at SalesAdministration@enesco.com. Enesco sales representatives are not authorized to engage in discussions with Dealers on any aspect of this policy or any decision made in connection with this policy, and Enesco will not respond to questions or comments from one retailer about the activities of another.

To inquire about becoming an Authorized Covered Brand Dealer, please contact your Enesco sales representative. To find your sales representative, please contact Enesco Customer Service at 1-800-4-ENESCO (1-800-436-3726).

Additional Terms & Conditions for Manufacturers

Click here to view the terms and conditions for purchasing orders.


Enesco Enesco Gift Gund Department 56