LEGAL TERMS AND CONDITIONS, www.PreciousMoments.com
Amended November 15, 2022
I. USER TERMS
II. ELIGIBILITY
III. APPLICABLE LAW AND INTERNATIONAL USERS
IV. DISCLAIMER
V. OWNERSHIP AND USE
VI. SHOPPING ACCOUNT
VII. TERMS OF SALE
VIII. SHIPPING POLICY
IX. RETURNS, EXCHANGES, AND LIMITED WARRANTY POLICY
X. SHARE LOVE REWARDS PROGRAM POLICY
XI. PRIVACY POLICY
XII. TEXT (SMS) AND MULTIMEDIA (MMS) MESSAGING POLICY
XIII. ACCESSIBILITY
XIV. CHANGES TO TERMS AND CONDITIONS
XV. CONTACT US
This website, www.PreciousMoments.com, herein referred to as the “Site”, is owned, operated, and maintained by Precious Moments Family of Companies, Inc., its entities and divisions Precious Moments Company, Inc., and Precious Moments, Inc., including Precious Moments Mail Order Division (“PMFOC”, “Company”, “we”, “us”, “our”). All visitors to and users of any aspect of the Site or Mail Order Division, collectively referred to herein as “Customers”, “Users”, “you”, “your”, agree to be bound by these Legal Terms and Conditions (“Terms”). PMFOC reserves the right to modify these Terms, wholly or in part, at any time, without notice. Customers unwilling to be bound by these Terms should refrain from accessing, registering for, contributing to, or otherwise using the Site or Mail Order Division.
Neither the Site nor the Mail Order Division are targeted towards, nor intended for use by, children under the age of eighteen (18). The Site and Mail Order Division, including the content and features of each, are not directed to children. We will not knowingly market to, solicit, or collect information from children under the age of eighteen (18).
III. APPLICABLE LAW AND INTERNATIONAL USERS
All matters relating to these Terms shall be governed by the laws of the State of Missouri and the laws of the United States of America. By using, visiting, or accessing any portion of the Site or Mail Order Division you agree to be bound by the laws of the State of Missouri and the United States of America, without regard to your actual, physical location. If you are located outside the United States of America and you contact us, upload, or post content within any interactive section of this Site, transmit to us a Catalog Order Form, enter, share, disclose, or otherwise transmit personal information, or utilize any function of the Site, please be advised by submitting such information you explicitly authorize the transfer of such information to the United States of America for processing, use, or archive within the United States of America in accordance with these Terms.
In no event will PMFOC be liable, directly or indirectly, to anyone for any damage or loss arising or relating to use of the Site, Mail Order Division, or the contents, errors, or omissions of each. In no event will PMFOC be liable, directly or indirectly, for any claim or User-generated content, as such term is defined herein, which is deemed offensive, defamatory, libelous, or illegal. By using or accessing the Site or Mail Order Division, and the contents of each, you agree to bear all risk associated with your access, contribution to, and use of any content.
1. Consent. Your use of this Site and/or Mail Order Division signifies your assent to all the provisions of these Terms. If you do not agree with all or part of these Terms, please discontinue use of this Site and do not transmit to PMFOC any information, personal or public, for any purpose.
2. Limited License. PMFOC herein grants a limited license for personal use of the Site and its content, subject to these Terms. In no way does this limited grant authorize, directly or indirectly, permission to: (i) the resale of the Site and/or Mail Order Division, or the contents of each; (ii) commercial or derivative use of the Site and Mail Order Division, or the contents of each; (iii) use of any data-gathering or similar extraction methods.
3. Intellectual Property Rights. All non-User Generated Content within the Site and Mail Order Division, including but not limited to: text, graphics, photographs, icons, logos, images, and the improvements or modifications thereof, and the arrangement and design of the Site and Mail Order Division are wholly owned by PMFOC. PRECIOUS MOMENTS, PRECIOUS MOMENTS COLLECTORS’ CLUB, TEARDROP-SHAPED EYE DESIGN and all other related marks, logos, and characters are trademarks of Precious Moments, Inc. Used with permission. All copyrights, trademarks, service marks, trade dress, product names, collection names, and logos appearing herein are the property of their respective owners, including in some instances Precious Moments, Inc., used with permission. Any rights not expressly granted herein are reserved. Nothing contained in these Terms shall be deemed to grant any User any right, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensing partners, service providers, advertising providers, social media providers/platforms, or other third-parties, collectively referred to herein as “Providers”.
4. User-Generated Content. In some instances, Users may be able to generate, add, edit, or publish content to the Site through interactive portions of the Site (“User-Generated Content”). Under no circumstances is PMFOC liable to anyone, in any way, for any User-generated content. Users may not use any interactive portions of the Site, including but not limited to referrals, comments, or share forums allowing User-Generated Content, for the purpose of: (i) soliciting, advertising, or marketing to PMFOC, its Providers, or the owners, employees, or Customers of each; (ii) promoting any activity or conduct which is illegal, criminal, abusive, offensive, threatening, harmful, obscene, defamatory, libelous, pornographic, or sexually explicit; (iii) harassing, or promoting the harassment of PMFOC, its Providers, or the owners, employees, or Customers of each; (iv) soliciting personal, private, protected, or confidential information, records, content, or material from PMFOC, its Providers, or the owners, employees, or Customers of each; (v) promoting any material containing software viruses, malware, or other code, files, or programs designed to interrupt, corrupt, destroy, inhibit, or otherwise limit the functionality of any hardware, software, or telecommunications equipment; (vi) violating or infringing upon the rights of others, including User-Generated Content which violates the intellectual property rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or privacy rights of PMFOC, its Providers, or the owners, employees, or Customers of each, including any individual, living or deceased, or any legal entity; (vii) impersonating any person or entity, falsely representing, or misrepresenting your affiliation with any person or entity, including publishing User-Generated Content containing the image, name, or likeness of anyone other than yourself; (viii) perpetuating content deemed to be fraudulent, misleading, false, or objectionable to good taste; or (ix) violating any local, state, national, or international law, rule, statute, or regulation.
All User-Generated Content shall comply with the wholesome, family values of PMFOC. PMFOC reserves the right to monitor, block, or remove any User-Generated Content and to terminate or suspend User access which is found, in the discretion of PMFOC, to be in violation of these Terms. Users acknowledge and agree PMFOC shall, in its discretion or in compliance with law or a court order, disclose any User-Generated Content, and the identity of the User to prevent or investigate a possible crime or other violation of law, to protect the rights of PMFOC or others, or to enforce these Terms.
5. Digital Millennium Copyright Act of 1998. PMFOC does not knowingly violate or permit others to violate the copyrights of others. We will review all such claims and will remove or disable access to content, including User-generated content, that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you are requesting removal of content because of a violation of your copyright, please note that the Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe your work, or the work of a third-party for whom you are authorized to act, is featured on the Site or has otherwise been copied and made available on the Site in a manner that constitutes copyright infringement, please notify us immediately.
Your written notice must include:
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of and an link to where the material you claim is infringing is located on the Site (including the URL, page title and/or header, or item number (if applicable) or other identifying characteristics);
- Your full legal name, address, phone number, and email address, and, if you are not the owner of the copyright, the full legal name of the owner;
- A written statement by you that you have good-faith belief the disputed use is not authorized by the copyright owner, its agent, or under law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Your notice must be addressed to:
Email: Compliance@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Compliance/Copyright
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Any notification by a copyright owner or a person authorized to act on behalf of a copyright owner that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
6. Provider Sites. The Site may contain links to or advertisements for Providers, as such term is defined herein. Provider Sites are not under the control of and Company has no responsibility for any content, process, function, or other aspect of such Provider Sites. Company does not monitor, review, approve, endorse, sponsor, warrant, or make any representations with respect to Provider Sites. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ACCESSIBILITY OF PROVIDER SITES OR PROVIDER CONTENT, INCLUDING PLUG-INS, WIDGETS, AND LIBRARIES. CUSTOMERS AGREE TO USE ALL PROVIDER SITES AT THEIR OWN RISK AND ACKNOWLEDGE EACH PROVIDER MAY IMPOSE, AND CUSTOMER IS SUBJECT TO, THE TERMS AND CONDITIONS AND/OR POLICIES OF THE PROVIDER AND/OR PROVIDER SITE. Company is not and will not be obligated to any Customer or Provider, financially or otherwise, for any dispute, content, process, function, or other aspect of a Provider Site.
1. Set-up/Account Creation. In order to use certain features of the Site, including placing orders for PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise and services, and participating in Share Love Rewards Program, a free Shopping Account is required. Through the registration process and continued use of the Site and Shopping Account, certain Personal Information is required, including but not limited to, a Customer’s (i) name; (ii) email address; (iii) billing address; (iv) shipping address; (v) telephone number; (vi) occupation/employer; and (vii) payment method/account number. By registering for, accessing or using a Shopping Account, you represent and warrant that (i) all required information disclosed is truthful and accurate; (ii) you will maintain the accuracy of all information disclosed; and (iii) your use of the Site does not violate any applicable law or regulation, or these Legal Terms and Conditions. A Shopping Account is not required for Customers placing orders via a Catalog Order Form.
2. Account Maintenance. At any time and at the Company’s sole discretion, the company may (i) access, suspend, or terminate a Customer’s Shopping Account. Customers may, from time to time, modify their Shopping Account profile, including but not limited to their (i) name; (ii) email address; (iii) billing address; (iv) shipping address; (v) telephone number; (vi) occupation/employer; and/or (vii) payment method/account number. Order history is not affected with Shopping Account modifications.
Please note: some fields within the Shopping Account profile are labeled as “required”. Customer Phone Number, while required in both the Addresses and Account Settings tabs, may not be labeled as “required” in both tabs.
Customers may review or modify their Shopping Account profile using the Shopping Account Dashboard, or by contacting our Customer Care Specialists via the Site Contact Us tab, or via phone or email (during normal business hours).
Click: Follow the below steps to modify your Shopping Account profile from the Shopping Account Dashboard.
1) Log in to your Shopping Account.
2) Click “Account” button on the upper-right of the screen to access your Shopping Account.
3) Click “Addresses” tab to view, add, and modify saved shipping addresses.
4) Click “Edit” button to modify, or “Delete” button to remove saved shipping address. Click “Save Address” button to confirm changes.
5) Click “Account Settings” tab to view and modify profile details. Click “Update Details” button to confirm changes.
6) Click “Payment Methods” tab to view, add, and modify saved payment methods.
7) Click “Edit” button to modify or “Delete” button to remove saved payment methods. Click “Save Payment Method” to confirm changes.
Click: to send a message to our Customer Care Specialists
Toll-Free Call: 866-336-2554 to modify your Shopping Account profile with our Customer Care Specialists.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
3. Orders. Company shall endeavor to send an Order Confirmation via completion of a purchase transaction to the email address in the Customer’s Shopping Account within twenty-four (24) hours of Company’s receipt of the completed transaction. Company’s sending and/or Customer’s receipt of an Order Confirmation do not signify our acceptance of your order, nor does it constitute a confirmation on Company’s part to sell. Company reserves the right, in our sole discretion and decision, at any time after receipt of an order to accept, decline, or modify, wholly or in part, the order for any reason. Company may request or require Customer to submit additional verifications or information before accepting and/or processing any order. An order is not considered “accepted” until it is shipped. Notwithstanding the foregoing, Customers agree that if Company cancels all or part of an order, Customer’s sole and exclusive remedy is for Company to either (i) issue a credit to the preferred payment method used for payment, if the preferred payment method has already been charged; or (ii) not charge the preferred payment method for the cancelled portion of the order. If preferred payment method is a digital gift certificate, a credit is in the form of a digital gift certificate.
4. Customer Termination. Company reserves the right to suspend, restrict, or terminate Customer access to the Site and/or Shopping Account in the event Company believes Customer (i) has acted in a manner inconsistent with applicable laws, regulations, or ordinances; (ii) failed to complete a transaction due to insufficient or fraudulent funds; (iii) breached or violated these Legal Terms and Conditions; (iv) attempted to transfer, sell, or barter preferred payment methods, gift certificates, or unpurchased merchandise; (v) fraudulently claims or uses or attempts to claim or use merchandise, promotional offers, coupon codes, or other offer incentives or benefits to illicit a return, refund, exchange, gift certificate code, or other credit, or otherwise in attempt to defraud the Company; (vi) requested to cancel or terminate their Shopping Account; (vii) activates a new Shopping Account in an effort to circumvent Company’s decision to cancel, suspend, or terminate a Shopping Account; (viii) fraudulently misrepresented their age as being eighteen (18) years of age or older or warrants their age as below age of eighteen (18); or (ix) impersonates or attempts to impersonate any person or entity, falsely represents, or misrepresents Customer’s affiliation with any person or entity, including using the Personal Information of anyone other than Customer’s own self. In the event of Customer Termination: (i) Customer waives any claim or right to access the Shopping Account and the Site; (ii) Customer forfeits and Company has no obligation to Customer and will not compensate or otherwise reimburse Customer for any and all unused coupon codes, offers, incentives, or benefits, gift certificates, or other credits; (iii) Customer waives any right to participate in a future Shopping Account; and (iv) Company reserves the right to delete any of the Customer’s User-Generated Content, without notice to Customer. Customers choosing to cancel their participation in the Site can abandon their Shopping Account at any time or by contacting our Customer Care Specialists to close their Shopping Account via the Site Contact Us tab or via phone or email (during normal business hours).
Click: to send a message to our Customer Care Specialists
Toll-Free Call:866-336-2554 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
1. Payment Terms. For all merchandise and services purchased through the Site and/or Mail Order Division, you agree to pay the published retail price, shipping fee for the service level selected, and all applicable taxes. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL TAXES (OTHER THAN TAXES DIRECTLY IMPOSED ON COMPANY’S BUSINESS ACTIVITY IN A STATE, SUCH AS INCOME TAX), FEES, DUTIES, AND OTHER GOVERNMENTAL CHARGES OR RELATED PENALTIES AND INTEREST ARISING FROM THE CUSTOMER’S PURCHASE. PER STATE LAW OR REGULATION, STATE SALES TAX IS NOT CHARGED OR COLLECTED FOR ORDERS BILLED TO CUSTOMERS IN ALABAMA, ALASKA, DELAWARE, DISTRICT OF COLUMBIA, HAWAII, MONTANA, NEW HAMPSHIRE, OHIO, RHODE ISLAND. All payments are non-refundable, except as expressly stated in our published Returns, Exchanges, and Limited Warranty Policy. In no event shall any Customer be permitted to make a purchase on layaway, in installments, with cash, or by a payment method not expressly named on the Site’s shopping cart or Catalog Order Form. Customers using a Catalog Order Form to complete a purchase are permitted to pay by personal or business check or money order, provided, however, Customer contacts our Customer Care Specialists to calculate appropriate sales tax prior to mailing the Catalog Order Form. Full payment is required with submission of a Catalog Order Form. Company reserves the right to impose a collections or insufficient funds fee for all returned checks.
2. PayPal/Electronic Transfers. Orders placed using PayPal as preferred payment method are processed in the same manner as orders placed with any other preferred payment method. Customers choosing PayPal as preferred payment method are routed to PayPal.com website to access their account and are subject to the terms and conditions and other policies of PayPal. Funds may be immediately transferred from your PayPal account to Company. PayPal may impose service charges, authorization fees, or other transaction holds or fees, which are not paid to, released or refunded by Company.
3. Cancellations and Order Changes. Company acknowledges there may be instances in which a Customer needs to cancel or modify an order. All requests for cancellations and/or order changes must be submitted to our Customer Care Specialists during normal business hours within twenty-four (24) hours of order placement. COMPANY CANNOT AND DOES NOT WARRANT AN ORDER CAN BE CANCELLED OR MODIFIED AT ANY TIME AFTER ORDER PLACEMENT. Company reserves the right to impose an administration fee of up to five percent (5%) of the total order amount for cancellation and/or changes occurring after the date of order placement.
4. Products and Pricing. All merchandise and services listed on the Site and Mail Order Division are subject to change without notice, as are specific product details including but not limited to materials, dimensions, packaging, and features. All published prices, including retail price, shipping fees, import customs/duties, and personalization fees, are subject to change without notice. All published prices are shown in U.S. dollars, unless otherwise noted. Some merchandise shown are prototypes that may be altered in final production. All images shown are for illustration only. Actual product size and/or color may vary slightly from the image displayed. Not all merchandise is available in all areas. Not all items can be personalized. Personalization character limits apply. Certain merchandise may be published at a Special Value price, discounted from the original retail price. Special Value merchandise cannot be combined with other discounts, promotions, and offers. Company reserves the right to limit quantities and maximum discounts, restrict combination of discounts, offers, promotions, and/or benefits, and limit or prohibit sales or shipping to certain geographic locations.
a. Precious Moments Collectors’ Club. Certain merchandise, benefits, and services are available exclusively to Precious Moments Collectors’ Club Members, with paid memberships registered through U.S. Club Headquarters for purchases made through the Site and Mail Order Division. Purchase of such “Members’ Only” merchandise and services may require proof of membership. Availability of Collectors’ Club merchandise, services, and benefits are guaranteed during the current Club year (January 1 – December 31) only.
b. Pre-Order Merchandise. Certain merchandise may be available on a pre-order basis, wherein full payment is made by Customer and Company ships merchandise at a later date (“Pre-Order Merchandise”). Company will endeavor to provide an accurate estimated ship date, not later than sixty (60) days from the date of purchase for all Pre-Order Merchandise. Full payment for all Pre-Order Merchandise is required at the time of order placement, unless otherwise specified. In the event Company is not able to ship Pre-Order Merchandise by the published estimated ship date, Company shall endeavor to notify Customers of the revised ship date or cancellation option by, minimally, a mailing sent to the email address in the Customer’s Shopping Account, and a public notice on the Site. In the event Company is not able to ship Pre-Order Merchandise by the published estimated ship date, Customers shall be afforded the opportunity to cancel their order, with a full refund of the original purchase price. Please Note: addition of Pre-Order Merchandise to your shopping cart will delay shipping of the entire order. To request a partial shipment of in-stock merchandise, it is suggested to submit multiple orders. COMPANY CANNOT AND WILL NOT GUARANTEE AVAILABILITY OF MERCHANDISE INCLUDED IN THE SAME ORDER AS PRE-ORDER MERCHANDISE. Customers may request a cancellation and full refund of Pre-Order Merchandise, for any reason, within three (3) business days of completing the purchase transaction by contacting our Customer Care Specialists via phone or email (during normal business hours).
Toll-Free Call:866-336-2554 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
5. Offers/Promotions. From time to time, Company may, in its sole discretion and decision, make available to certain Customers certain offers, promotions, and/or benefits, including but not limited to free or discounted merchandise, free or discounted shipping, free or discounted personalization services, and/or Bonus Points. Not all Customers qualify for all offers, promotions, and/or benefits. All such offers, promotions, and/or benefits shall expire on the date(s) specified in the specific offer, promotion, and/or benefit listing. Multiple unique digital gift certificate codes can be applied to a single transaction, but only one (1) coupon code or source code can be applied per transaction. Company reserves the right to restrict combination of offers, promotions, and benefits, including limiting a maximum discount applied to an order. Discount amounts exceeding the subtotal purchase amount will be forfeited by the Customer. Company makes no representations and undertakes no obligations or liability to any Customer as to availability of any merchandise, offer, promotion, or benefit. All offers, promotions, and benefits subject to change without notice. All merchandise discounts and value of free gift opportunities are based on the original retail price.
6. Gift Certificates. Digital gift certificates are available for purchase via the Site and Mail Order Division in any denomination up to one thousand dollars (USD 1.00 – 1,000.00). Gift certificate codes are transmitted digitally within twenty-four (24) hours of purchase via email. Delivery window is subject to change. Digital gift certificate codes cannot be delivered to physical addresses including APO/FPO addresses and post office boxes. Digital gift certificate codes are redeemable for merchandise and services through the Site and Mail Order Division. Gift certificate codes cannot be redeemed for taxes, custom/import duties, shipping/handling or similar processing charges, cash, credit, or other digital gift certificates. Company reserves the right to limit maximum balance amount, redemption period, and qualifying merchandise. Gift certificate codes expire five (5) years from the date of issuance. The Company is not responsible for and has no obligation to any Customer for lost, stolen, unused, or misplaced gift certificate codes.
All delivery dates provided by Company are estimates. Company makes no representations and undertakes no obligations or liability to any Customer as to the ship date or method of delivery of any merchandise. All delivery dates are estimates. Company reserves the right to make deliveries in installments, and by any carrier it so chooses.
1. Domestic Shipments. Company defines “Domestic Shipments” as addresses located in the 50 U.S. states, including District of Columbia and APO/FPO addresses. Company cannot ship to post office box addresses. Any free or discounted shipping offer is valid for Domestic Shipments only and refers to standard delivery service. Customer is solely responsible for all fees associated with expedited or other service level. Certain oversized merchandise is subject to additional shipping fees, mandatory shipping methods, and mandatory inclusion of shipping insurance. Company shall endeavor to notify all Customers of such additional fees on the product detail landing page of the Site and within the product details in the Mail Order Catalog for the affected merchandise. Such oversized merchandise are not eligible for free or discounted shipping offers and promotions, including Collectors’ Club Member benefits. Legal title to, right of possession, and risk of loss, damage, or destruction of all merchandise purchased shall transfer to Customer upon Company’s delivery to carrier.
2. International Shipments. Company defines “International Shipments” as addresses located outside of the 50 U.S. states, including U.S. owned territories and possessions, such as Puerto Rico. Company cannot ship to post office box addresses. Customer is solely responsible for all fees associated with expedited or other service level, all customs duties and/or import fees imposed by any government or carrier. Legal title to, right of possession, and risk of loss, damage, or destruction of all merchandise purchased shall transfer to Customer upon Company’s delivery to carrier.
IX. RETURNS, EXCHANGES, AND LIMITED WARRANTY POLICY
Our Warranty Policy extends to all PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise purchased through Precious Moments Mail Order Division, including PreciousMoments.com, and orders placed via phone or via email to Precious Moments Company, Inc. Customer Care Specialists.
1. Damaged or Defective. Customers with damaged or defective merchandise can, within thirty (30) days of purchase, notify our Customer Care Specialists to obtain a Return Merchandise Authorization to return any eligible product. Once the damaged or defective merchandise is received to Precious Moments Company, Inc., at your choice, we will issue a full refund of the purchase price, less shipping and handling, or send a replacement item. A Return Merchandise Authorization must accompany the damaged or defective product along with all original packaging.
2. Dissatisfied or Not-As-Expected. Customers in receipt of incorrect merchandise or dissatisfied with their purchase can, within thirty (30) days of purchase, contact our Customer Care Specialists for instructions on how to return any eligible item to Precious Moments Company, Inc. along with the original purchase receipt and all original packaging and inserts for a full refund of the purchase price, less shipping and handling.
3. Share Love Rewards Program. All Share Love Rewards Program Points earned on returned and/or refunded purchases are deducted from the Customer’s Share Love Rewards Account upon completion of the return/refund. Returned Points are not eligible for Reward redemption. Please review the full Share Love Rewards Program Policy for details.
4. Ineligible Product. Due to the unique nature of personalized items and Customizable Figurines, these items are not eligible for return or exchange, except in the instances of the product being received to the Customer damaged or defective.
5. Customer-Initiated Returns and Exchanges. Customers can initiate the Return and/or Exchange process for eligible PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise purchased through PreciousMoments.com by logging into their Shopping Account and following the instructions on the Orders and Returns tab of the Site. Customers may receive a confirmation email or other communication acknowledging receipt of the Return or Exchange request, however, Customer must contact our Customer Care Specialists (during normal business hours) to confirm online submission of the Return and/or Exchange request.
6. Limited Product Warranty. Our Warranty Policy does not apply to PRECIOUS MOMENTS® and NE’QWA ART® branded items purchased through authorized retail stores or marketplace sellers (approved third-party resellers on Amazon.com, Google Shopping, Walmart.com, or other online retailers), including Precious Moments Foundation, Precious Moments Chapel Gift Shoppe, and PreciousMomentsChapel.org. Any warranty issues with respect to authorized resellers must be directed to the authorized reseller. Furthermore, purchases from unauthorized resellers, even if otherwise “new” products, void warranty protection. For the avoidance of doubt, only products purchased through Precious Moments Mail Order Division are covered by this Warranty Policy.
7. Contact Us. For questions about a Return, Exchange, or our Warranty Policy, contact our Customer Care Specialists either via phone, via email (during normal business hours), or post.
Toll-Free Call: 866-336-2554 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
X. SHARE LOVE REWARDS PROGRAM POLICY
Precious Moments Family of Companies, Inc., its entities and divisions Precious Moments Company, Inc., and Precious Moments, Inc. (“PMFOC”, “Company”, “we”, “us”, “our”) value our Customers’ support and devotion to the PRECIOUS MOMENTS® and NE’QWA ART® brands, merchandise, and services. Effective September 15, 2019, the digital loyalty program for merchandise purchased through the Website division of Precious Moments Family of Companies, Inc., specifically orders placed through PreciousMoments.com (the “Site”), is the “Share Love Rewards Program”, herein referred to as “Share Love Rewards Program”, “Share Love Rewards”, or “Program”. Prior to September 15, 2019, the digital loyalty program for the Site operated as “Share The Gift Of Love Rewards”, herein referred to as “Prior Program”. Share Love Rewards Program operates under the terms and conditions set forth herein (“Program Terms”), and the published Legal Terms and Conditions to which it is annexed, unless expressly stated herein. In the event of a conflict between these Program Terms and the Legal Terms and Conditions, the Legal Terms and Conditions shall prevail. The Program Terms outlined herein govern the Company’s relationship and expectations to users of the Share Love Rewards Program (collectively “Customers”, “Participants”, “you”, or “your”), including how Customers earn, manage, and redeem rewards (herein after referred to as “Points” or “Rewards”) through qualifying actions on the Site.
1. Customer Acknowledgement. By creating a PreciousMoments.com Shopping Account (“Shopping Account”) to earn and redeem Rewards through the Program, and your continued participation in the Program, you agree that (i) you have read, understand, and agree to abide by the published Legal Terms and Conditions of the Company; (ii) you have read, understand, and agree to abide by these Program Terms, including any subsequent changes to these Program Terms, which when made effective are incorporated into these Program Terms; and (iii) you consent to the collection, use, and disclosure of certain personal data by the Company and any authorized third-party service providers in accordance with the Company’s Privacy Policy.
2. Eligibility.
a. Participation Requirements. Share Love Rewards Program is open to all individuals age eighteen (18) years or older who (i) do not already have a Shopping Account; (ii) has not previously been terminated, restricted, and/or prohibited from the Share Love Rewards Program or the Prior Program; (iii) is a Customer in good-standing with the Company; (iv) resides in a jurisdiction which legally permits participation in a loyalty program.
b. Participation Obligations. Participant must meet minimum Participation Requirements and be logged into a Shopping Account, with a valid email address, in order to earn Points and redeem eligible Rewards.
c. Participation Fees. Share Love Rewards Program is free to join and participate, outside of normal merchandise and services purchases. There are no registration, membership, or participation fees or minimum balance requirements to participate in the Program.
d. Prior Program. Share Love Rewards Points can only be earned on current and future Qualifying Actions, as such term is defined herein. Qualifying Actions made prior to September 15, 2019 are ineligible for earning Points. Points earned under the Prior Program (September 2, 2015 – September 14, 2019) were automatically transferred to Participant’s Share Love Rewards Account balance on or about September 15, 2019.
e. Location. Share Love Rewards Program is only available for PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise and Qualifying Actions completed through the Site. Orders placed through Precious Moments Mail Order Division (including orders placed via Catalog Order Forms, email, fax, post, or phone-in orders) and Precious Moments Foundation (including Precious Moments Chapel Gift Shoppe) are ineligible for earning Points or redeeming Rewards.
3. Earning Points.
a. Qualifying Actions. Participants are afforded five (5) ways to earn Points, collectively referred to herein as “Qualifying Action(s)”. Each Qualifying Action is assigned a specific Point value. Posting of Points occurs during normal business hours only, Central Time, within forty-eight (48) hours of completion of the Qualifying Action, unless otherwise stated.
Account Creation: Customers creating a new Shopping Account, with a valid email address, earn one hundred (100) Points.
Shopping: Customers earn one (1) Point for each one U.S. dollar (USD 1.00) spent on qualifying orders placed via the Site. Points earned through purchases are calculated on the subtotal purchase amount in whole dollars, rounded to the nearest whole dollar. For example, a subtotal amount of $64.37 earns 64 Points. Taxes, import/customs duties, shipping and handling, or other processing charges do not earn Points.
Birthday Bonus: Customers sharing their birthday (month/day) within the Share Love Rewards Account dashboard (“Rewards Dashboard”) earn five hundred (500) Points on their birthday. Points earned from Birthday Bonus are posted to your Share Love Rewards Account balance at midnight (Central Time) on the date provided as your birthday.
Share: Customers earn ten (10) Points for each “share” of a unique link generated within the Rewards Dashboard on Twitter and/or Facebook.
Referral: Customers earn five hundred (500) Points for referring a friend to the Site through the use of a unique link generated within the Rewards Dashboard when the friend uses the link and associated code to complete their first order on the Site.
b. Offers/Promotions, Bonus Points. Occasionally, the Company will offer incentives to earn Bonus Points. A Qualifying Action may or may not be required to earn Bonus Points. Customers are not obligated to participate in any Offer/Promotion or other opportunity to earn Bonus Points. Posting of Bonus Points vary by the incentive terms published by the Company.
4. Rewards Tiers.
a. Precious Moments Collectors’ Club® Member Rewards Tier. Customers with an active, paid Precious Moments Collectors’ Club® membership activated through U.S. Club Headquarters are automatically enrolled in the “Collectors’ Club Member Rewards Tier”. Collectors’ Club Members earn Rewards three (3) times faster than the Share Love Rewards Tier (non-Club Member). Tier will automatically revert to Share Love Rewards Tier when (i) Collectors’ Club membership expires and is not renewed for a period of one (1) month from the date of expiration; or (ii) Collectors’ Club membership is not reactivated through U.S. Club Headquarters.
b. Share Love Rewards Tier. All Customers, except Collectors’ Club Members, are automatically enrolled in Share Love Rewards Tier upon activation of their Shopping Account and Share Love Rewards Program Account.
5. Redemption.
a. Value. Points are eligible for Rewards redemption on most merchandise and services available on the Site. Redeemed Share Love Rewards Points are processed in the form of digital gift certificates in specific denominations (“Rewards”) redeemable for purchase of qualifying merchandise and services on the Site. Points have no cash value and cannot be redeemed for cash, merchandise, or services.
|
REWARD |
COLLECTORS’ CLUB MEMBER REWARDS TIER |
SHARE LOVE REWARDS TIER |
|
$1.00 off |
33 Points |
100 Points |
|
$3.00 off |
100 Points |
300 Points |
|
$5.00 off |
166 Points |
500 Points |
|
$7.00 off |
233 Points |
700 Points |
|
$10.00 off |
333 Points |
1,000 Points |
|
$15.00 off |
500 Points |
1,500 Points |
|
$20.00 off |
666 Points |
2,000 Points |
|
$25.00 off |
833 Points |
Not eligible |
|
$30.00 off |
1,000 Points |
Not eligible |
|
$35.00 off |
1,166 Points |
Not eligible |
|
$50.00 off |
1,666 Points |
Not eligible |
|
$75.00 off |
2,500 Points |
Not eligible |
b. Qualifying Purchases. Rewards cannot be redeemed for taxes, custom/import duties, shipping/handling or similar processing charges, cash, credit, or digital gift certificates. Rewards can be redeemed in combination with other offers, coupons, discounts, and promotions. Company reserves the right to limit maximum discounts and redemption period.
c. Combining Discounts. Redeemed Share Love Rewards Points are processed in the form of a unique digital gift certificate code and can be combined with other offers, coupons, discounts, and promotions. Multiple unique digital gift certificate codes can be applied to a single transaction, but only one (1) coupon code or source code can be applied per transaction.
d. Process. Redeemed Share Love Rewards Points are processed in the form of a unique digital gift certificate code, in specific denominations. Participants may redeem eligible Rewards in specific denominations based on their Reward Tier using their Rewards Dashboard or by contacting our Customer Care Specialists via phone (during normal business hours).
Click: Follow the below steps to begin your order and redeem eligible Rewards from the Rewards Dashboard.
1) Log in to your Shopping Account; add items to your cart.
2) Click “Balance” button on the lower-left of the screen to access your Share Love Rewards Account.
3) Click “My Rewards” tab to view eligible Rewards and redeem Points for eligible Rewards. Reward tiers that are locked (unearned) are greyed out.
4) Choose Reward level. Click “Confirm” to claim your Rewards Gift Certificate.
5) Copy the unique digital gift certificate code from the confirmation screen or the confirmation email sent to the email address on your Shopping Account. Return to your cart.
6) Choose “Add Gift Certificate”. Paste the unique digital gift certificate code, click “Apply”.
Toll-Free Call: 866-336-2554 to redeem Rewards and place your order with our Customer Care Specialists.
6. Program Maintenance.
a. Account Errors and Adjustments. At any time and at the Company’s sole discretion, the company may (i) correct, adjust, or otherwise update the amount of Points credited to a Participant’s Share Love Rewards Account balance; (ii) access a Participant’s Share Love Rewards Account; (iii) modify, alter, or otherwise update a Participant’s Rewards Tier; or (iv) suspend or terminate a Participant’s Share Love Rewards Account. Participants may, from time to time, question their Share Love Rewards Account balance or earning or redemption history. To request a review or adjustment of your Share Love Rewards Account or balance, please contact our Customer Care Specialists via the Site Contact Us tab or via phone or email (during normal business hours).
Click: to send a message to our Customer Care Specialists
Toll-Free Call:866-336-2554 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
b. Customer Termination. Company reserves the right to suspend, restrict, or terminate Customer access to the Program in the event Company believes Customer has (i) acted in a manner inconsistent with applicable laws, regulations, or ordinances; (ii) failed to complete a transaction due to insufficient or fraudulent funds; (iii) breached or violated any of these Program Terms or the Legal Terms and Conditions; (iv) fraudulently claimed or redeemed Points or Rewards; (v) attempted to transfer, sell, or barter Points or Rewards; (vi) fraudulently claimed or used Points, a Rewards Tier, or a unique digital gift certificate code, or otherwise attempted to defraud the Company; (vii) requested to cancel or terminate their Shopping Account or Program Account; (viii) activated a new Shopping Account or Program Account in an effort to circumvent Company’s decision to cancel, suspend, or terminate a Shopping Account, Program Account or Prior Program Account. In the event of Customer Termination: (i) Customer waives any claim or right to redeem eligible Rewards for merchandise, cash, credit, or other interest; (ii) Customer waives any right to participate in Share Love Rewards Program in a future account; (iii) Company has no obligation to Customer and will not compensate or otherwise reimburse Customer for eligible or ineligible Points or Rewards unclaimed at the time of cancellation or termination. Customers choosing to cancel their participation in the Program can abandon their Program Account at any time, or contact our Customer Care Specialists to close their Shopping Account or Program Account via the Site Contact Us tab or via phone or email (during normal business hours).
Click: to send a message to our Customer Care Specialists
Toll-Free Call:866-336-2554 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
c. Program Termination. Company reserves the right to terminate the Program, wholly or in part, at any time. In the event Company wholly terminates the Program, Company shall endeavor to notify Customers at least thirty (30) days prior to termination date by, minimally, a mailing sent to subscribed Customers’ email address and a public notice on the Site. Customers shall be afforded not less than thirty (30) days from the notice date to redeem eligible Rewards. Customer shall forfeit any unclaimed Reward upon the Program termination date. Unless otherwise stated in the termination notice, all Program Terms apply.
d. Redemption Period. Share Love Rewards Points expire one year from the date of issuance. Expiration dates can be reset by completing a Qualifying Action. Expired Points cannot be reset, recovered, or redeemed after the expiration date. Company reserves the right to modify the terms of the Program, including but not strictly limited to: redemption or accrual value, qualifying purchases, process, and expiration dates at any time during the Program, without notice to any Customer.
e. Returned Merchandise. In the event Customer returns any merchandise under the terms of the published Returns, Exchanges, And Limited Warranty Policy, Points earned on returned or refunded merchandise are deducted from the Share Love Rewards Program Account balance upon completion of the return or refund. Points redeemed on orders are not credited to the Customer’s Share Love Rewards Account upon return or refund of the item(s).
f. Lost/Misplaced Gift Certificate Code. Points are deducted from your Share Love Rewards Account balance once a Reward is confirmed and a unique digital gift certificate code is generated. Each unique digital gift certificate code is saved and viewable from the “History” tab of the Rewards Dashboard and within the confirmation email sent to the email address on your Shopping Account upon completion of Reward redemption. The Company is not responsible for and has no obligation to any Participant for any lost, stolen, unused, or misplaced digital gift certificate code.
g. Incomplete Transactions. Points are deducted from your Share Love Rewards Account balance once a Reward is confirmed and a unique digital gift certificate code is generated. Each unique digital gift certificate code can only be used one (1) time.
h. Points Expiration. Share Love Rewards Points expire one (1) year from the date of issuance. Expiration dates can be reset by completing a Qualifying Action. Expired Points cannot be reset, recovered, or redeemed after the expiration date.
i. Transferring Points. Earned Points do not constitute property of the Participant. Earned Points are for Participant’s benefit only and cannot be transferred, gifted, or donated to any other Participant or Share Love Rewards Program Account at any time, regardless of reason or Participant’s request. Participants can choose to redeem Rewards and share the unique digital gift certificate code with a friend for the friend to apply to their Site order.
j. Account Updates. Participants are free to opt-out of receiving email updates related to Share Love Rewards. From the “Profile” tab on the Rewards Dashboard, choose “Cancel Membership” option. Participants who opt-out of receiving email updates are still eligible to earn Points and redeem Rewards. The “Cancel Membership” option will only unsubscribe the Participant from receiving email updates related to Share Love Rewards; subscription to and account/profile settings with Company’s other email newsletters and transactional emails are not affected. The “Cancel Membership” option will not cancel or delete your Precious Moments Collectors’ Club® membership. Participants can opt-in and opt-out of Program notifications at any time using the Program Dashboard or by contacting our Customer Care Specialists via the Site Contact Us tab, or via phone or email (during normal business hours).
Click: to send a message to our Customer Care Specialists
Toll-Free Call:866-336-2554 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
7. Additional Program Terms.
a. Limitation of Liability. Company is not responsible or liable to any Customer for (i) any loss, misdirection of, or delay in accrual of earned Points, redeemed Rewards, confirmation, or Program notification, update, or modification; (ii) any errors published in relation to the Program or merchandise, including but not strictly limited to: availability, pricing errors, typographical errors, errors of description, system/operational errors whether temporary or persistent, or errors in crediting or debiting Points from a Participant’s Program Account; or (iii) Customer’s manipulation to, theft of, fraudulent earning of, or unauthorized redemption of Points or Rewards. IN NO EVENT WILL PRECIOUS MOMENTS FAMILY OF COMPANIES, INC., PRECIOUS MOMENTS COMPANY, INC., OR THE SUBSIDIARIES, OFFICERS, EMPLOYEES, AND AGENTS OF EACH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE SHARE LOVE REWARDS PROGRAM, THESE PROGRAM TERMS, THE COMPANY’S PRIVACY POLICY, THE COMPANY’S LEGAL TERMS AND CONDITIONS, OR THE COMPANY’S OPERATION OF THE PROGRAM.
b. Interpretation. The interpretation of these Program Terms are at the sole discretion and decision of the Company. All decisions made by Company are final. In the event of any discrepancy between the English version and any translated version of these Program Terms, the English language version will govern.
c. Waiver of Liability. Company’s waiver of any breach of these Program Terms by any Customer does not constitute a waiver of any prior or subsequent breach of these Program Terms. Company’s failure to act upon a breach of these Program Terms by any Customer will not be deemed as a waiver of any rights or remedies the Company may have against that or any other Customer. Company may, from time to time at its sole discretion, waive certain Program Terms in conjunction with a promotion or offer to provide Customers with enhanced benefits, options, or Rewards.
d. No Warranties or Representation. Company makes no warranties or representations, either expressed or implied, with respect to availability, type, quality, or fitness of goods or services provided through the Program.
e. Governing Law. These Program Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to the principles of conflict of law and the courts within Missouri will be the only courts of competent jurisdiction.
f. Use of Personal Information. The information Participant provides to the Company as a result of Participant’s acceptance to and continued use in the Program is processed in accordance with the Company’s published Privacy Policy. Certain Personal Information, as such term is defined within the Privacy Policy, relevant to Company’s successful administration of the Program may be disclosed to third-party service provider(s). Such Personal Information includes but is not limited to a Participant’s: (i) name; (ii) email address; (iii) birth date; and (iv) social media username/log-in ID. Participation in the Program implies Participant’s consent to receive email communication from the Company and/or its designated third-party service provider(s) relative to the Program.
g. Taxes. Declarations of applicable federal and state taxes are the sole responsibility of the Participant.
7. Contact Us. For questions about the Share Love Rewards Program or these Program Terms, contact our Customer Care Specialists via the Site Contact Us tab, via phone or email (during normal business hours), or post.
Click: to send a message to our Customer Care Specialists
Toll-Free Call: 866-336-2554 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
Precious Moments Family of Companies, Inc., its entities and divisions, Precious Moments Company, Inc., and Precious Moments, Inc. (“PMFOC”, “Company”, “we”, “us”, “our”) appreciates the fact you trust us with your personal information. This Policy describes how PMFOC collects and uses your personal information through, with, and for www.PreciousMoments.com and www.PreciousMomentsChapel.org (the “Site”). All visitors to and users of any aspect of the Site, collectively referred to as “Customers”, “Users”, “you”, “your”, agree to be bound by this Privacy Policy and the published Legal Terms and Conditions to which it is annexed. Customers unwilling to be bound by this Privacy Policy and/or the published Legal Terms and Conditions should refrain from accessing, registering for, contributing to, or otherwise using the Site.
1. Information We Collect.
Your information and information about the device or computer used to access the Site may be collected in a variety of ways, for a variety of purposes. The following are ways your information may be collected.
a. Via Direct Response. When you complete a transaction, participate in offers or promotions, contact us using any interactive portion of the Site, or register for, or access your Shopping Account, a free Share Love Rewards Account, or a free Chapel Loyalty Program Account you may directly disclose information about yourself, your family, or your interests, including but not limited to: your name, email address, billing or shipping address, telephone or fax number, occupation/employer, date of birth or age, gender, demographic information, username, or password.
b. Via Social Media Platforms. If you access or use third-party social networking platforms, such as Google, Facebook, Twitter, Instagram, LinkedIn, or Pinterest, participate in promotions hosted with these providers, or log-in to your Shopping Account, a free Share Love Rewards Account, or a free Chapel Loyalty Program Account using your social media profile, we may receive personal information, including access to your contact list, which you shared with these providers. Please review the privacy policies for each of these platforms to understand how you may control your information with each provider.
c. Via Cookies, Web Beacons, or Similar Technologies. Cookies are not required to use or browse the Site, however, some of our services may require the use of active cookies. Through these and similar technologies we may collect information about you including but not limited to: device type (laptop, desktop computer, tablet, mobile phone), browser type, operating system, IP address, installed fonts, and email and browser habits, to determine traffic patterns and other web demographics. Check your browser options to set-up or modify cookie settings specific to your device.
d. Via Third-Party Sources. From time to time we may obtain information about you from other sources not directly related to PMFOC. These companies may provide your: name, email address, username for social media platforms, postal address, birth date or age, gender, demographic information, household demographic information, interests, hobbies, product preferences, buying habits, and other publicly observable activities including blogs, social media, or other online postings.
2. How We Use Shared Information.
PMFOC values your trust and recognizes the security of your personal information is an important aspect of our business. We do not actively buy or sell, for monetary consideration, any Customer personal information.
a. Within PMFOC. All personal information collected is used to provide you with information, materials, services (including order processing, delivery, and handling), and products to customize, improve, and optimize your Site experience, our product and promotional offerings through Precious Moments Company, Inc., Precious Moments, Inc., Precious Moments Foundation, and/or Precious Moments Chapel Gift Shoppe.
b. With Advertising Providers. Information, including your personally identifiable information may be shared with advertising providers to provide you with targeted information or mailings about services, products, and promotional offerings.
c. With Service Providers. Information, including your personally identifiable information may be shared with service providers including but not limited to: fraud prevention and credit risk platforms in order to protect the security PMFOC and its Customers, and email service platforms, Share Love Rewards platform, and social media platforms, in order to facilitate ease of log-in, maintenance of your Shopping Account or Share Love Rewards Account, troubleshoot Shopping Account or Share Love Rewards Account issues, and to administer, support, or supplement our Site content.
d. With Trusted Third-Parties. From time to time PMFOC makes its customer mailing lists (both catalog and email) available to carefully screened companies, including but not limited to our licensing partner companies, offering products and services that may be of interest to Customers.
e. By Law or Legal Process. Personal information may be disclosed to third-parties to protect the legal rights of PMFOC or Users, to prevent or investigate fraud and/or to comply with the law, or in response to legal process or a request for cooperation by a governmental entity, whether or not our cooperation is required under law.
3. Financial Information Security.
PMFOC is committed to keeping your financial information private, safe, and secure. All payment transactions occur in a secure area of the Site, protecting your information from loss, misuse, or alteration. PMFOC uses TLS Security, the industry standard in encryption technology to create a secure connection between our system and yours to transfer information necessary to process purchases. PMFOC has procedures in place to safeguard information collected and regularly audits our security practices. Despite our best efforts and intentions, we cannot absolutely guarantee the security of any information transmitted online. All information transmitted via the Internet is done so at your own risk.
4. Publicly Viewable Features.
a. User-Generated Content. Some aspects of the Site may contain interactive areas allowing Users to generate, upload, post, or publish information, comments, reviews, feedback, or other content, which may be visible to PMFOC, other Users, or visitors to the Site. Parties should be aware all content, including personally identifiable information and other content, posted within these interactive areas can be read, shared, and used by others at any time, without the knowledge of you or PMFOC. Use of these features may result in unsolicited messages or comments from other parties via the Site, email, postal mail, telephone, fax, or social media platforms. Use of these features may result in your content being transmitted via social media or other unsecure Internet platforms without your knowledge. PMFOC makes no representations and undertakes no obligations as to the security or use of information voluntarily uploaded or posted within these interactive areas of the Site.
b. Exported/Shared Content. Some aspects of the Site allow Users to export or share content with others outside of the Site via email or social media platforms. In order to support these features, some information provided, including the name, email address, social media username, and/or log-in identifier of you or the recipient may be temporarily saved for marketing, troubleshooting, and fraud prevention purposes. Use of these features may result in unsolicited messages from other parties, not directly affiliated with PMFOC. Use of these features may result in your content being transmitted via social media or other unsecure Internet platforms by other Users, companies, or visitors without your knowledge. PMFOC makes no representation and undertakes no obligation as to the security or use of information voluntarily shared within these interactive areas of the Site.
5. Solicited and Unsolicited Submissions.
a. Solicited Submissions. From time to time PMFOC will solicit Customer’s personal information, including but not limited to: your name, mailing address, email address, social media username, story, photographs, ideas, and opinions (“Portrayal”), for the purposes of surveys, research, entry into giveaways, target marketing/advertising, or publication in PMFOC owned, sponsored, or promoted materials. By submitting a Portrayal, Customer releases and holds harmless PMFOC from any reasonable expectation of privacy or confidentiality associated with the Portrayal and PMFOC’s use of the same. Company’s receipt or use of any Portrayal in no way constitutes a license agreement, vendor/service agreement, use/user agreement, or contractor agreement and Customer waives any and all claims to copyright, royalty, or other compensation, monetarily or otherwise, or right for such use. Any Portrayal may be altered, changed, copied, displayed, distributed, edited, exhibited, published, sold, or otherwise duplicated and/or disseminated, in order to best suit the needs of the Company. Customer waives any and all claim for damages arising from or resulting in any use, including but not limited to libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or any other claim. Company shall reserve the right to use, reuse, publish, and republish Customer’s Portrayal individually or in combination thereof, for the purpose of commercial use, advertising, and/or promotion of Precious Moments Family of Companies, Inc., Precious Moments Company, Inc., Precious Moments, Inc., Precious Moments Foundation, Precious Moments Chapel Gift Shoppe, their products, services, events, giveaways or contests, or digital or print media and publications, now known or hereafter developed, worldwide and in perpetuity. Customers may be required to sign and return a Photo Release, Liability Waiver, and/or Winner Acknowledgement in conjunction with their Portrayal. Company’s failure to obtain, or Customer’s refusal to provide such Photo Release, Liability Waiver, and/or Winner Acknowledgement shall not prohibit Company from exercising its rights herein to said Portrayal.
b. Unsolicited Submissions. It is the policy and practice of PMFOC to not knowingly accept or consider unsolicited content, regardless of their source, including without limitation: ideas, suggestions, notes, articles, proposals, concepts, characters, designs, developments, drawings, plans, or other information or materials related to new product, modifications to existing product, marketing or promotions, processes, procedures, policies, and/or collection or product names, collectively referred to herein as “Unsolicited Material”. Any similarity between Unsolicited Material and the creative works, services, products, plans, procedures, and/or policies of PMFOC is purely coincidental. In accordance with this practice, PMFOC requests you refrain from submitting any Unsolicited Material to PMFOC via email, the Site, social media, phone, post, or fax. If such Unsolicited Material is submitted, despite our request not to receive Unsolicited Material, the following terms apply to that submission, regardless of any request or directive of any conversation, message, accompanying letter, memo, or note: (i) PMFOC reserves the right, but not the obligation to accept, review, or consider the submission; (ii) Unsolicited Material, its contents, including any and all notes, photographs, sketches, suggestions, and attachments, automatically become the property of PMFOC without any compensation, monetarily or otherwise, to sender, and sender immediately and permanently surrenders any and all right to claim ownership, in any form, in any jurisdiction; (iii) PMFOC reserves the right to delete, destroy, edit, modify, distribute, or otherwise use the submission, wholly or in part, for any purpose, in any way; (iv) PMFOC is under no obligation to keep confidential or proprietary the submission its contents, including any and all notes, photographs, sketches, suggestions, and attachments.
6. Children’s Policy. The Site is not targeted towards, nor intended for use by, children under the age of eighteen (18). The Site, its content, and features are not directed to children. We will not knowingly request or collect information from children under the age of eighteen (18).
7. Applicable Law and International Users. All matters relating to this Site shall be governed by the laws of the State of Missouri and the laws of the United States of America. By using, visiting, or accessing any portion of the Site you agree to be bound by the laws of the State of Missouri and the United States of America, without regard to your actual, physical location. If you are located outside the United States of America and you contact us, upload, or post content within any interactive section of this Site, enter, share, disclose, or otherwise transmit personal information, or utilize any function of the Site, please be advised by submitting such information you explicitly authorize the transfer of such information to the United States of America for processing, use, or archive within the United States of America in accordance with these Terms.
8. Changes to Privacy Policy.
PMFOC reserves the right to modify or replace, wholly or in part, this Privacy Policy, at our sole discretion, at any time, without notice. Unless otherwise stated, this Privacy Policy applies to all information collected by or through any website displaying an authorized link to this Privacy Policy.
9. Consent. Your use of this Site signifies your assent to all the provisions of this Privacy Policy and the published Legal Terms and Conditions to which its annexed. Customers unwilling to be bound by this Privacy Policy and/or the published Legal Terms and Conditions should refrain from accessing, registering for, contributing to, or otherwise using the Site.
10. Control Over Your Information.
a. Update Information. You have the right to review and/or update all personal information you previously submitted to PMFOC on the Site. Customers can log-in to their Shopping Account or Share Love Rewards Account to update their personal information at any time. Alternately, Customers can contact our Customer Care Specialists (during normal business hours) to request a review of or modification to their personal information.
b. Opt Out of PreciousMoments.com. To opt out of receiving promotional emails, catalogs, and other print and digital communications from PMFOC related to Precious Moments Company, Inc., including www.PreciousMoments.com and our Mail Order Division, or to delete your Shopping Account or Share Love Rewards Account, contact our Customer Care Specialists either via phone, email (during normal business hours) or post.
Toll-Free Call: 866-336-2554 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
c. Do Not Track Mechanisms. Some web browsers may transmit “do not track” signals to websites visited. Check your web browser to adjust settings specific to your device. Despite our best efforts and intentions PMFOC cannot absolutely guarantee the security settings your browser transmits to our system. In the event Do Not Track standards are implemented on a state or federal level, PMFOC will revisit its policies and procedures to ensure its absolute compliance.
11. California Residents Privacy Rights.
Under the California Consumer Privacy Act, effective January 1, 2020 (“CCPA”, the “Act”), California residents have certain rights to and can make certain requests for their Personal Information, as such term is defined under the Act. PMFOC will fulfill each request to the extent required by law. PMFOC will not discriminate against any Customer for exercising their rights under the California Consumer Privacy Act. We believe all Customers have a right to and should be permitted control of their Personal Information. Therefore, any Customer with a postal address in the 50 U.S. states or District of Columbia can access and use the features in this California Residents Privacy Rights section.
a. Categories of Personal Information Collected. The Personal Information PMFOC collects or has collected in the twelve (12) months preceding the effective date of the Act falls into the following categories, as established within the Act.
(i) Identifiers such as name, alias, postal address for billing, postal address for shipping, email address, IP address, credit card information
(ii) Internet/browsing history including search history, information regarding your interaction with our Site, social media platforms, banners, emails, or other advertisements
(iii) Inferences drawn from any information used as part of your Shopping Account, Share Love Rewards Account, or Chapel Loyalty Program Account profile, including purchase history, preferences, wish-lists, birth date, gender, occupation/employer
(iv) Geolocation data such as the location of your device (laptop, desktop computer, tablet, mobile phone)
b. Categories of Personal Information Sold for Business Purposes. PMFOC does not sell and has not sold any consumer Personal Information in the twelve (12) months preceding the effective date of the Act.
c. Consumer’s Right to Personal Information.
(i) Access to My Personal Information. You have the right to access the Personal Information kept by PMFOC. Upon receipt of the request, we will disclose to you, free of charge, the Personal Information on record at the time of receipt of the request. Your Personal Information will be transmitted to you via the email address provided on the request form, or in lieu of a confirmed or accurate email address, via a physical letter sent via United Postal Service or other common courier to the physical address identified as your “bill to” address in your Shopping Account.
(ii) Do Not Sell My Personal Information. PMFOC does not sell any consumer Personal Information for monetary consideration, however, some Personal Information that may be transferred to certain third-party companies or PMFOC affiliates, without monetary consideration, may be considered a “sale” under the Act. Upon receipt of a Customer’s request to stop selling Personal Information, we will stop making any such transfer.
(iii) Delete My Personal Information. You have the right to ask us to delete your Personal Information. Upon receipt of the request, we will delete from our records the Personal Information (to the extent required by law) we hold about you as of the date of the request and direct all service providers to do the same. In some instances, deletion of your Personal Information may render certain Site functions inaccessible or inoperable in the future. Deleting your Personal Information will not cancel or delete your Precious Moments Collectors’ Club® membership.
d. Submit a Personal Information Request to PreciousMoments.com. To exercise any of your rights described above under the California Consumer Privacy Act, please click the “Do Not Sell My Personal Information” or “Request My Personal Information”, option(s) from the “California Consumer Privacy Rights” link on the Site’s homepage and navigation toolbar or contact our Customer Care Specialists via phone, fax, email (during normal business hours), or post.
Toll-Free Call: 866-336-2554 | Fax: 417-359-3000 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
e. Submit a Personal Information Request on behalf of a California Resident. To exercise the rights described above under the California Consumer Privacy Act on behalf of a California resident, please click the “Do Not Sell My Personal Information” or “Request My Personal Information” option(s) from the “California Consumer Privacy Rights” link on the Site’s homepage and navigation toolbar. Authorized Agents must submit a valid power of attorney and notarized Authorized Agent Affidavit for California Consumer Privacy Act. Please send completed documents to our Customer Care Specialists via fax, email (during normal business hours), or post.
Attn: CCPA Do Not Sell; CCPA Request For Information; CCPA Delete Personal Information
Fax: 417-359-3000 Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
XII. TEXT (SMS) AND MULTIMEDIA (MMS) MESSAGING POLICY
Precious Moments Family of Companies, Inc., its entities and divisions, Precious Moments Company, Inc. and Precious Moments, Inc. (“PMFOC”, “Company”, “we”, “us”, “our”) appreciates the fact you want to receive communications from us through the use of short messaging service (“SMS”) and/or multimedia messaging service (“MMS”) or similar technologies. This Policy is considered part of our published Legal Terms and Conditions and you agree to be bound by this Policy and the published Legal Terms and Conditions to which it is annexed. Customers unwilling to be bound by this Text (SMS) and Multimedia (MMS) Messaging Policy and/or the published Legal Terms and Conditions should refrain from opting-in to, using or otherwise accessing our Message Program(s).
1. Program Description.
Customers may subscribe to or otherwise voluntarily opt-in to receive from us Messages (as such term is herein defined), on a varied frequency (the “Program(s)”) for the purpose of receiving marketing communications (including sales, offers and promotions), informational communications (including news or information about the Company), and/or transactional communications (including information about a transaction, Shopping Account, shipping and/or delivery information). To participate in the Program, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service.
2. Automated Messages.
By voluntarily providing your telephone number(s), in conjunction with the Program or a transaction, you agree and consent to receive from us: automated, auto-dialed, and/or pre-recorded voice messages, SMS messages, and/or MMS messages (collectively “Messages”), containing or for the purposes of marketing, sales/offers/promotions, your Shopping Account, your transaction(s), shipping and delivery notifications, news, or other information about the Company, whether or not your telephone number(s) is registered on any state or federal Do Not Call list. Message and Data rates may apply. You agree to receive such Messages even if you cancel your Shopping Account and/or do not participate in any transactions, except if you expressly revoke your consent by completing the opt-out instruction (see below). Participation in the Program is not a condition of purchasing goods or services.
3. Accurate Contact Information.
You agree that your telephone number(s) (whether residential, business or mobile) are true and accurate and that you are the current subscriber or owner of the telephone number(s) you provide or you have authorization and/or consent to provide consent for that telephone number(s). Should you: no longer be the subscriber or owner of the telephone number(s) or no longer have authorization to provide consent for the telephone number(s), you agree to immediately notify us before the change by texting STOP to any Message you receive from us or follow the instructions to opt-out of the Program.
4. Opt-Out.
Participation in our Program is voluntary. Customers may choose to opt-out at any time. It is your responsibility to notify us if you no longer want to receive Messages. Users who opt-out of the Program(s) may still receive Messages related to transactions, operations, or information. You waive any right to bring claims for unauthorized or undesired communications if you fail to opt-out.
To opt-out from Messages, respond STOP to any Message you receive from us or contact our Customer Care Specialists.
Please allow up to seven (7) business days for us and our Providers to process an opt-out request.
5. Program Fees.
There is no fee from PMFOC to participate in the Program(s). Telephone carrier(s) may, based on your specific plan, impose fees, data rates or other surcharges to receive Messages. Any fee imposed by a telephone carrier to you, is your responsibility. Please contact your carrier for details prior to opting in to the Program(s). By opting in to the Program(s), you warrant you are authorized to incur such charges and acknowledge PMFOC is not responsible for any of these fees.
6. Program Technical Support / Help.
If, at any time, you experience issues with the Program(s) or have questions for our team, please text HELP to any message you receive from us or contact our Customer Care Specialists. PMFOC will not be held liable for any delays in receipt of Messages. Delivery is subject to transmission by your carrier.
7. Information Received.
In connection with you use of the Program(s), we may obtain personal information, including but not limited to your: name, carrier’s name, telephone number(s); date, time and content of your messages to us and/or other information you provide to us in connection with your Shopping Account and/or transactions. We will use your personal information only for sending Messages to you and for communicating with you in support of the Program. We will not sell your personal information to unaffiliated third parties.
8. Age Restriction
You may not participate in the Program if you are under thirteen (13) years of age. If you participate in the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By participating in the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) years and have your parent’s or legal guardian’s permission to participate in the Program, or are of adult age in your jurisdiction. By participating in the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law(s) to participate in the Program.
9. Prohibited Content
You acknowledge and agree to not send any Prohibited Content in response to any Messages. Prohibited Content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability (“HIPPA”) or the Health Information Technology for Economic and Clinical Health (“HITEC”) Act; and
- Any other content that is prohibited by applicable law in the jurisdiction from which the Message response is sent.
10. Disclaimer of Warranty.
The Program is offered on an “as is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for delays or failures in the receipt of any mobile message connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for any delays or undelivered messages. The following carriers are supported: AT&T, Boost Mobile, Metro PCS, Sprint, TMobile®, U.S. Cellular, Verizon Wireless, Virgin Mobile USA.
11. Indemnification and Release of Claims.
By participating in the Program(s), you agree to indemnify, defend and hold harmless PMFOC from and against any claims, including without limitation, privacy, tort, or other claims, demands, or actions that directly or indirectly arise from or are related to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including your telephone number. PMFOC retains the exclusive right to defend, negotiate, settle, and/or pay all claims.
Further, by agreeing to receive Messages, you agree to release and hold harmless PMFOC from any and all claims, causes of action, damages or other harm directly or indirectly arising from your receipt of Messages, including from breach of privacy or security of your personal information by PMFOC, and including any alleged violation of the Telephone Consumer Protection Act, the Truth in Caller ID Act, the Telemarking Sales Rule, or similar laws, acts, or statutes.
12. Contact Us.
For questions about our Text (SMS) and Multimedia (MMS) Messaging Policy, contact our Customer Care Specialists either via phone, via email (during normal business hours), or post.
Toll-Free Call: 866-336-2554 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
PMFOC believes in its mission to Share The Gift Of Love℠ and firmly believes all eligible Users should have unfettered access to our Site and its contents, regardless of circumstance and ability, whether the Site is viewed on a desktop or mobile device. We adhere as strictly as possible to the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 (the “Guidelines”) at the AA level. These Guidelines explain how site administrators make web content accessible to people with a wide array of disabilities. Our compliance with the Guidelines help us ensure that the Site is accessible to all people, including those who are blind, with motor impairments, visual impairments, cognitive disabilities, and more by using various technologies that are meant to make the Site as accessible as possible at all times. Company first reviewed the Site’s compliance with the Guidelines on September 15, 2020. Company will periodically, no less than one (1) time per calendar quarter), audit the Site’s functionality to ensure continuing compliance with the Guidelines. The Site uses an accessibility interface allowing persons with specific disabilities to adjust the User’s interface to meet their personal needs along with an AI-based application running in the background to continually optimize accessibility. The application remediates the Site’s HTML, adapts its functionality and behavior for screen-readers used by blind users, and for keyboard functions used by Users with motor impairments. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ACCESSIBILITY OF PROVIDER SITES OR PROVIDER CONTENT, INCLUDING PLUG-INS, WIDGETS, AND LIBRARIES.
1. Screen-Reader Optimization. The Site implements the Accessible Rich Internet Application (“ARIA”) technique alongside various behavioral changes to ensure blind Users visiting with screen-readers are able to read, comprehend, and enjoy all the functions and content of the Site. Once a User with a screen-reader enters the Site, they immediately receive a prompt to enter the Screen-Reader Profile to effectively browse and operate the Site by being provided with accurate form labels, descriptions for actionable icons (including social media icons, search icons, cart icons, etc.), validation guidance for form inputs, and element roles (such as buttons, menus, and pop-ups). The background application scans all of the Site’s images and provides an accurate and meaningful image-object-recognition based description as an alternate text tag for images that are not described. It also extracts text embedded within an image using optical character recognition technology.
To activate screen-reader adjustments at any time, press Alt +1.
2. Keyboard Navigation. The background application process adjusts the Site’s HTML and adds various behaviors using JavaScript code to make the Site operable by keyboard, including the ability to navigate the Site using the Tab, Shift+Tab, arrows, ESC, Spacebar, and Enter keys. Keyboard Users can access quick-navigation and content-skip menus at any time by clicking Alt+1.
3. Supported Disability Profiles.
(a) ADHD Friendly. The ADHD Friendly Profile significantly reduces distractions and Site noise to help Users with ADHD and Neurodevelopmental disorders browse, read, and focus on the essential elements more easily.
(b) Blind Users/Screen-Reader. The Blind Users/Screen-Readers Profile adjusts the Site to be compatible with User-installed screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack.
(c) Cognitive Disability. The Cognitive Disability Profile provides assistive features to help Users with cognitive disabilities such as Autism, Dyslexia, CVA, and others to focus on the essential elements of the Site more easily.
(d) Epilepsy Safe. The Epilepsy Safe Profile enables Users with epilepsy to use the Site safely by eliminating the risk of seizures that result from flashing or blinking animations and risky color combinations.
(e) Motor-Impaired/Keyboard Navigation. The Motor-Impaired/Keyboard Navigation Profile enables motor-impaired Users to operate the Site using keyboard shortcuts.
4. Design, Readability Adjustments.
(a) Animation. Users can stop all running animations (video, GIFs, CSS flashing transitions) with the click of a button.
(b) Audio Muting. Users can instantly mute the entire Site.
(c) Color Adjustments. Users can select various color contrast profiles (light, dark, inverted, monochrome). Users can change color schemes of text, titles, and backgrounds.
(d) Content Highlighting. Users can choose to emphasize important elements such as links and titles and choose to highlight only focused or highlighted elements.
(e) Font Adjustments. Users can adjust font design features, including increasing or decreasing size, changing font type, adjust spacing, alignment, and height.
(f) Search Engine Link. The Site utilizes a search engine linked to Wikipedia and Wiktionary to allow Users with cognitive disorders to decipher meanings of phrases, initials, and slang.
(g) Specific Adjustments. Users can modify cursor color and size, enable a printing mode, and enable a virtual keyboard along with other functions to customize their Site experience to fit their specific needs.
5. Contact Us. We, along with our Service Providers, employ our best efforts to make the Site as accessible as possible for all Users. For questions about the accessibility features of the Site or should you experience any issues accessing the Site, contact our Customer Care Specialists via the Site Contact Us tab, via phone or email (during normal business hours), or post.
Click: to send a message to our Customer Care Specialists
Toll-Free Call: 866-336-2554 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
XIV. CHANGES TO TERMS AND CONDITIONS
PMFOC reserves the right to modify or replace, wholly or in part, these Legal Terms and Conditions, at our sole discretion, at any time, without notice. Unless otherwise stated, these Legal Terms and Conditions apply to all websites and locations displaying an authorized link to these Legal Terms and Conditions.
For questions, concerns, or information related to Precious Moments Mail Order Division, www.PreciousMoments.com, a PreciousMoments.com Shopping Account, Share Love Rewards Program, or these Legal Terms and Conditions, please contact our Customer Care Specialists via the Site Contact Us tab, phone or email (during normal business hours), or post:
Click: to send a message to our Customer Care Specialists
Toll-Free Call: 866-336-2554 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Mail Order Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT