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 © 2016 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.

 

Privacy Policy

Enesco, LLC and its subsidiaries and affiliates (“Enesco”) are committed to respecting your privacy. At Enesco (the “Company,” “Enesco,” “us,” “we” or “our”), we recognize that many visitors to our site are concerned about how we treat information that they may provide to us. Since we respect the privacy of our customers, we have established this Privacy Policy (the “Policy”).

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.

We are providing you with this Policy to inform you of the kinds of information we may gather during your visit to the sites for any of the Enesco family of brands (the “Site”); why we gather customer information; what we use the information for; under what circumstances we may disclose such information; and how you can instruct us to limit the use of that information. We may update our Policy from time to time, so you should review it periodically.

By using our Site you consent to the collection and use of information by us in accordance with the terms of this Policy. If we decide to change our Policy, we will post those changes on our Site and applications and notify you either by email, with a notification on Enesco’s Site, or by other means, consistent with applicable law. By continuing to use our Site after notice is given, you will have consented to our use of your information in this different manner.

This Policy does not apply to personal information collected from you offline or to third party web sites to which our Site may link. Your use of our Site is subject to this Policy. Please read this Policy before using our Site or providing personal information to us.

Note: You must be 18 years old or older to use our services.

Collection and Use of Personal Information

When you place an order on our Site, we require you to provide us with Personally Identifiable Information (“PII”). This information provides us the specifics of who you are and can be used to identify, contact or locate you. PII 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 PII for internal purposes, such as processing and fulfilling your order, confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers, and developing new products and services. PII is compiled by us and analyzed on both a personal and an aggregated basis.

We may retain e-mail or other communications you send to us in order to process your inquiries, respond to your requests, and improve our services. To protect your privacy, you should not provide us with any information that is not specifically requested.

Our Site may collect information about your visit without you actively submitting such information. This information may include, for example, your browser type and language, your operating system, your Internet Protocol (IP) address, the URLs of sites you visited before and after visiting our Site, the web search that landed you on our Site, and web pages and advertisements you view, and links you click on within our Site. This information may be collected using various technologies, such as cookies, Internet tags, and web beacons. Your Internet browser also automatically transmits to our Site some of this information, such as the URL of the website you just visited and the browser version your computer is operating. To protect against fraud and other misconduct, we may collect information about your interaction with our Site, which may contain account identifying information which only Enesco can decode.

When you provide information, including PII, to one of our brands, we may share that information with businesses controlling, controlled by, or under common control with any Enesco brands. In addition, these brands may send you offers and promotions about their products and services. We will also share information, including PII, when consumers direct Enesco to share the information with third-party sites including, but not limited to social networking sites.

We may contract with third parties to provide services including, but not limited to, credit card processing, distribution, data management, etc. We may also ask third parties to fulfill your order. We only provide these third parties with the information needed for them to complete these services. We also ask third parties to confirm their security and privacy policies are consistent with ours, and do not authorize them to make any other use or disclosure of your information. However, please note that once we share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.

We may also use information, including PII, to communicate with you about your account or transactions and send information or request feedback from consumers regarding your website and changes to our policies; send offers and promotions of products or third-party products (including of other companies that are owned by Enesco); personalize content; provide consumers with targeted advertising based on your activity on our sites and applications and on third-party sites and applications; operate, understand, optimize, develop, or improve company’s sites, products, and operations, including by using guest survey research and analytics tools; and detect, investigate, and prevent activities that may violate the company’s policies or be illegal.

Enesco may disclose information, including PII, if necessary, in our good faith judgment, to respond to information requests from government authorities, to address national security situations, or when otherwise required by law. We may also disclose such information when Enesco reasonably believes that it is needed to identify, contact or bring legal action against a party who may be causing injury to or interference with Enesco’s rights or property, registered customers or potential customers of Enesco, or anyone else that could be harmed by such activities.

In the event of a sale or merger of Enesco or any of our businesses, our customers’ information, including PII and any other information we have collected as described in this Policy may be among the transferred business assets.

When you place an order, we will establish your own personal account where PII 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. Afterwards, you may change your password, edit your PII, or request a password reminder at any time. Our database may store 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 settings, 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 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 Enesco will not be able to determine your 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 our Site that are most attractive to our visitors, so that we can make improvements or add new features based on our visitors' interests.

Links To Other Sites

Visitors will find links from Enesco.com to independently-owned, controlled, and/or managed 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. In addition, your use and your information received by the other company when visiting these sites is controlled by that company and becomes subject to the other company’s privacy practices.

Security

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect user information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.

Consumers are able to order online with the use of a credit card. In such instances, Enesco and its partners use secure server software over a Secure Socket Layer (SSL) line, the latest technology to protect your credit card information.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place. You must promptly notify us if your user name or password is lost, stolen, or used without permission. In such an event, we will note that you have canceled your user name or password in our system and will update our records accordingly.

Control and Choices

You may opt out of receiving marketing emails. To stop receiving Enesco’s promotional emails, follow the instructions in any promotional email or message you get from Enesco.

You can control if Enesco shares information with third parties for its marketing purposes and for third parties’ offers and promotions. To opt out of having Enesco share your information with third parties for its promotional purposes, email us at privacy@enesco.com or call Enesco Customer Service at 1-800-436-3726.

You can correct, update, and delete your registration account by logging in to your account through the Site or by contacting Enesco.

You can request access to the information, including PII, we hold about you and you may request that we amend or delete the information.

Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate.

Data Transfers, Storage, and Processing

We operate globally and may transfer your personal information to individual brands of Enesco or third parties in locations around the world for the purposes described in this Policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. Additionally, when using or disclosing personal information transferred from the European Union, we use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent.

Children

Our Site is intended for a general audience and is not targeted to or intended for use by children. Enesco does not knowingly collect or use any personal information from minors younger than 18 through our Site. We do not knowingly allow minors younger than 18 to order our products, communicate with us (meaning that we do not send e-mail correspondence to anyone who tells us they are under the age of 18), or use any of our online services.

Children under the age of 18 should always ask their parents or guardians for permission before providing any contact information to anyone online. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue. We urge parents and guardians to participate in their children's online activities and supervise children's access to the Internet, and to help us protect children’s privacy by instructing them never to provide personal information without permission.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

To request a copy of the information required to be disclosed pursuant to Section 1798.83 of the California Civil Code, please contact us using the contact information provided below.

While we do not allow individuals under the age of 18 to use our Site, if in error California users under the age of 18 do so they may request the removal of their content or information publicly posted on web sites or mobile applications by contacting using the contact information provided below.

Questions?

If you have any questions regarding the Policy, or would like to provide feedback to help us improve the Policy, you may contact Enesco through our Contact Us link on the navigation bar or by mail to the following address:

Enesco, LLC
Attn: Legal Department
225 Windsor Drive
Itasca, IL 60143

Updates to This Policy

From time to time, we may change this Policy to accommodate new technologies, industry practices, regulatory requirements, or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Site and applications, or by other means, consistent with applicable law. If Enesco decides to change its privacy practices, an updated version of this Privacy Policy will reflect those changes and we will notify you of such changes by updating the effective date at the bottom of this Privacy Policy.

Without prejudice to your rights under applicable law, Enesco reserves the right to amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices.

Any new policy will apply to all current and past users of our Site and will replace any prior policies that are inconsistent. Your continued use of our Site or other services constitutes your acceptance of the practices described in the revised Privacy Policy.

Privacy Shield

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.

Guidelines

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 Vice President of Global Human Resources at 1-800-436-3726, or at privacy@enesco.com.

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: privacy@enesco.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; and
  • 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.

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 Privacy Shield Principles. Enesco must also state annually in its published privacy policy statement that it adheres to the Privacy Shield 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 Vice President of Global 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.

Effective Date: July 5, 2018

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 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 Polict 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. 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.