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.

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).