Terms of Use
This website is operated by Enesco, LLC (“Enesco”). The mailing address for Enesco is 500 Park Blvd, Suite 1300, Itasca, Illinois 60143.
All users of this website agree that access to and use of this website are subject to these Terms of Use, the website’s Privacy Policy, and all applicable laws, and that any such access or use is undertaken at the user’s own risk.
Terms and Conditions Changes
These terms and conditions are subject to change at any time without prior notice. Any changes will be reflected on this webpage.
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 and /or its subsidiary companies or licensors, 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 website are protected from copying and distribution under national and international copyright laws and treaties throughout the world. Subject to compliance with these terms of use, Enesco grants users a limited, non-exclusive, non-transferable, non-sub-licenseable license to access and make personal and non-commercial use of this website. Permission is granted to electronically copy and print hard copies of pages from the Enesco website for your personal, non-commercial use. All other copying without prior written consent of Enesco is strictly prohibited and all other rights are reserved.
Portions of products sold by Enesco are licensed. Any designs and/or trademarks used by Enesco under license are the property of the licensors.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed by material appearing on the Internet. If you believe in good faith that any material available on the Enesco website infringes your copyright, you may send Enesco a notice at [email protected] or the address listed above requesting that we remove the material or block access to it. Please include the following information in your notice:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location of the authorized version of the work.
- Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with the URL or any other information that will allow us to locate the content.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
- A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that Enesco has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
Patents
This is intended to serve as notice under 35 U.S.C. § 287(a). The following list of products may not be all inclusive, and other Enesco products not listed here may be protected by one or more patents.
The following U.S. patents apply to Enesco products, including but not limited to:
Peek-A-Boo Bear covered by Patent # D658,241
Comfy Cozy covered by Patent # D474,060
Additional patents may be pending in the U.S. and elsewhere.
Disclaimer of Warranty and Limitation of Liability
The information and services on this website 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 website 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 website. Although the information provided to you on this website 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 website, or resulting from the act or omission of any other party involved in making available this website, the data contained herein relating to the products or services offered on this website, or from any other cause relating to your access to, inability to access, or use of the website, 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 website. For the avoidance of doubt, this provision relates solely to your use of this website.
Inappropriate Website Usage
You may not use this website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this website to: (a) transmit via or through the website any information, data, text, images, files, links, or software except in connection with your authorized use of this website or otherwise in response to specific requests for information by us; (b) introduce to the site or any other computer or website viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this website or any component of this website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mails.
Disputes
Any dispute or claim relating in any way to your use of this website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, or the relationship between you and Enesco, shall be brought exclusively in the courts located in county of DuPage and/or the U.S. District Court for the Eastern District of Illinois. You and Enesco agree to submit to the personal jurisdiction of the courts located within the county of DuPage and/or the U.S. District Court for the Eastern District of Illinois, and agree to irrevocably waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Reviews and Comments
Enesco has the right but assumes no duty to monitor and edit or remove any comments or product review posted by users on this website. Users are solely responsible for the comments posted on this site, for their accuracy, and for the consequences of submitting and posting those comments. You should be skeptical about information provided by others, and acknowledge that the use of any comments posted on the site is at your own risk to the fullest extent allowed by applicable law. Enesco is not responsible for, nor does it endorse, the opinions, advice, or recommendations posted or sent by users in any comments and specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.
Links to Other Sites
Visitors will find links from this website 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.
Updates
This website may contain errors or inaccuracies and may not be complete or current. Enesco reserves the right to correct any errors or omissions, and to change or update information on the website at any time without prior notice.
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.
500 Park Blvd
Suite 1300
Itasca, IL 60143
Additional Terms
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 January 1, 2022
This policy will apply to Brick & Mortar and Internet Customers with registered domains (functioning website with shopping cart
or 3rd party marketplaces)
This policy applies 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
- Allen Design Clocks
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, Target.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 have been 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 [email protected]. 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 Enesco Vendors
Click here to view the terms and conditions for purchasing orders issued by Enesco to vendors.