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 © 2022 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.
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 Retailer Policy for Enesco, LLC Specialty Retail and E-Commerce Retailers in the United States
Effective January 1, 2024
Enesco, LLC and its divisions or affiliates (“Enesco“) has established this Retailer Policy to build the reputation and brand equity of the Covered Brands in the United States. This Authorized Retailer Policy (the “Retailer Policy”) shall apply to all Enesco’s retailers of “Covered Brands” (as defined below) selling in the specialty retail sales channel through e-commerce (“Retailers”), including, without limitation, brick and mortar retailers with an active URLthat is marketing, advertising or selling Covered Brands or any retailer selling Covered Brands on any third-party internet retail platform or marketplace (“Third-party Marketplace”).
This policy applies to Retailers of the “Covered Brands” owned or licensed, produced and distributed by Enesco as defined below:
- Jim Shore Enesco products
- Department 56 Villages® – Gold and Platinum Series
- Allen Designs® Clocks
In order to purchase or sell any Covered Brands, Retailers must obtain Enesco’s prior written approval to be an “Authorized Covered Brand Retailer” by meeting with its authorized Enesco sales representative. The Enesco sales representative will assist the Retailer with account setup and serve as the point of contact for ordering any Covered Brands. All advertised sales transactions, including, but not limited to, in-store, telephone, fax, e-mail and internet transactions, made by an Authorized Covered Brand Retailer for the Covered Brands must comply with this Retailer Policy. Retailer may not amend this Retailer Policy. Each Authorized Covered Brand Retailer is free to establish its own prices for the Covered Brands; provided, however, that such Retailer must advertise and sell the Covered Brands at or above Enesco’s keystone price (defined as 2x wholesale list price) for such Covered Brands. Notwithstanding the foregoing, an Authorized Covered Brand Retailer may advertise, offer for sell and sell Covered Brands below the keystone price only under the following two specific circumstances:
- During seasonal, ordinary course, time-bounded sales events which are standard in the industry and which have been
specifically approved in writing by Enesco, provided, that:o Retailer may not provide a discount greater than 20% off MSRP of the Covered Brands; and
o In the event that the discount is offered as part of a site-wide sale, Retailer may not specifically call out the Covered Brands as part of its marketing or advertising of the site-wide sale;
or
2. To sell Covered Brands designated by Enesco as discontinued or retired; provided, however, that Retailer must clearly mark all such products as “discontinued” or “retired” on any advertisement or marketing materials and on any point of sale signage.
In the event an Authorized Covered Brand Retailer breaches this Retailer Policy, Enesco, in its sole and absolute discretion, may exercise its remediation options, including, without limitation, the following:
(1) Temporarily suspend the Retailer’s approval as an Authorized Covered Brand Retailer until such Retailer addresses the breach;
(2) Eliminate any preferential terms/allowances with respect to Covered Brands for such Retailer; and/or
(3) Terminate such Retailer as an approved Authorized Covered Brand Retailer.
RETAILERS ARE STRICTLY PROHIBITED FROM LISTING, ADVERTISING, MARKETING, OFFERING FOR SALE OR SELLING (EITHER DIRECTLY OR INDIRECTLY) ANY COVERED BRANDS ON ANY THIRD PARTY MARKETPLACE, WITHOUT FIRST OBTAINING ENESCO’S WRITTEN AUTHORIZATION. Such authorization may be obtained by submitting the 2024 Online Marketplace Approval Application to the assigned Enesco Sales representative. Examples of a “Third-party Marketplace” include, without limitation: Amazon, eBay, Wal-Mart, Michaels, Target, Alibaba, Tik Tok, Facebook, and Etsy. Covered Brands may not be introduced or launched for initial sale on any Third-party Marketplace.
This Retailer Policy shall replace all former or existing policies of Enesco related to the Covered Brands. Retailer questions concerning this Retailer Policy shall be addressed to Enesco at [email protected]. Enesco sales representatives are not authorized to engage in discussions with Retailers 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).
2024 Online Marketplace Approval Application
Enesco, LLC and its divisions or affiliates (“Enesco“) has established a Retailer Policy, effective January 1, 2024, to build the reputation and brand equity of the Covered Brands in the United States. The Authorized Retailer Policy (the “Retailer Policy”) is attached for your review. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Retailer Policy.
The Retailer identified below (“Applicant Retailer”) hereby submits this application to become an Authorized Covered Brand Retailer. The only authorized Third-party Marketplace shall be Amazon.com, and shall be subject to the following online marketplace restrictions in addition to those restrictions set
forth in the Retailer Policy:
- Retailers must receive prior written approval from Enesco to sell Covered Brands on Amazon.com to end-user consumers. Enesco’s approval of this application shall constitute such written approval for the calendar year in which the approval was provided.
- Retailer may not sell Covered Brands to persons or entities who then intend to resell such Covered Products.
- Retailers may not LIST OR SELL new launch Covered Brands shipping in 2024; provided, however, that Retailer is authorized to sell, but shall not list, any Covered Brands launched in 2023 or prior.
- Retailer is authorized to sell only within the United States.
Please submit the following information to your Enesco sales representative for approval as an Authorized Covered Brand Retailer for Amazon.com:
Retailer:
Retailer Bill to #:
Retailer email address:
Amazon seller name:
Amazon seller link:
Amazon business address:
Any updates/changes should be reported to the Enesco sales rep and/or customer service. Enesco will review submitted information requesting Amazon.com approval and approve or disapprove the application in its sole and absolute discretion. Enesco shall respond to requests via the Retailer email provided above.