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 © 2018 Enesco, LLC. All rights reserved.
Disclaimer of Warranty and Limitation of Liability
The information 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 available this Web site, the data contained herein relating to the products or services offered on this Web site, or from any other cause relating to your access to, inability to access, or use of the Web site, 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. For the avoidance of doubt, this provision relates solely to your use of this Web site. For information about product returns, refunds and credits, please see the “Returns” section of this Web site.
Enesco, LLC, 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 Privacy Shield program developed by the U.S. Department of Commerce and the European Commission and Swiss Administration. We have certified that we adhere to the Privacy Shield Principles with regard to our use of certain personal data. For more information about the Privacy Shield Principles and certification process, please visit the U.S. Department of Commerce’s Privacy Shield Web site here. 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.
Enesco has adopted the seven Privacy Shield 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 Privacy Shield 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.) You can correct, update or delete inaccuracies by contacting Enesco’s Director of Human Resources at 1-800-436-3726, or at firstname.lastname@example.org.
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 – Enesco is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). In compliance with the Privacy Shield Principles, Enesco commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Enesco at: email@example.com. Enesco has further committed to:
- 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 Privacy Shield 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;
- Disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In addition, Enesco hereby acknowledges that under certain conditions, individuals subject to this policy may have the possibility to invoke binding arbitration for any dispute related hereto.
The Enesco Human Resources and Legal Departments will be the internal mechanism for ensuring compliance with the Privacy Shield 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.
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.
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.
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 Privacy Shield Principles.
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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.
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 January 8, 2018
This policy will apply to Brick & Mortar and Internet Customers with registered domains (functioning website with shopping cart)
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®- Gold and Platinum Series
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).
The exceptions to this Policy are:
- Seasonal, ordinary course time-bounded sales events which are standard in the industry.
- Products designated by Enesco as discontinued or retired – all such products must be clearly marked as discontinued or retired and any advertisements or point of sale signage must identify the products as discontinued or retired.
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 retailers are aggressively discounting their selling prices for the Covered Brands, resulting in thin and eroding margins. We have established this Policy to build the reputation and brand equity of the Covered Brands in the US. Enesco also wishes to encourage 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.
© Copyright 2018 Enesco, LLC. All Rights Reserved.