Legal Terms and Conditions, www.PreciousMoments.com/retailer
Effective September 15, 2020
I. USER TERMS
II. ELIGIBILITY
III. DISCLAIMER
IV. STANDARD OPERATING PROCEDURES, DEFINITIONS
V. CUSTOMER ACCOUNT, ORDER PLACEMENT
VI. TERMS OF SALE
VII. DIGITAL SHOPPING ACCOUNT
VIII. MINIMUM ADVERTISED PRICING POLICY
IX. ADVERTISING, MARKETING
X. SHIPPING POLICY
XI. WHOLESALE RETURNS POLICY
XII. PRODUCT RECALL POLICY
XIII. OWNERSHIP AND USE
XIV. PRIVACY POLICY
XV. ACCESSIBILITY
XVI. APPLICABLE LAW AND INTERNATIONAL USERS
XVII. CHANGES TO TERMS AND CONDITIONS
XVIII. CONTACT US
I. USER TERMS
This website, www.PreciousMoments.com/retailer, 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 the Wholesale Division for the Precious Moments® and Ne’Qwa Art® brands (“PMFOC”, “Company”, “we”, “us”, “our”). All visitors to and users of any aspect of the Site or Wholesale Division, collectively referred to herein as “Reseller(s)”, “Distributor(s)”, “Customer(s)”, “User(s)”, “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, purchasing from, or otherwise using the Site or Wholesale Division.
II. ELIGIBILITY
Neither the Site nor the Wholesale Division are targeted towards, nor intended for use by, End-Consumers (as such term is defined herein in Section IV) and/or children under the age of eighteen (18). The Site and Wholesale 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. DISCLAIMER
In no event will PMFOC be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to use of the Site, Wholesale 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 in Section XIII), which is deemed offensive, defamatory, libelous, or illegal. By using or accessing the Site or Wholesale Division, and the contents of each, you agree to bear all risk associated with your access, contribution to, and use of any content. The information, content, and services on or by this Site and/or Wholesale Division are provided on an “as is” and “as available” basis. PMFOC does not warrant, either expressly or implied, the information or services provided for any particular purpose and expressly disclaims any implied warranty, including but not limited to warranty of title, non-infringement, merchantability, or fitness. While PMFOC endeavors to provide the most up-to-date accurate content, we cannot and do not guarantee the accuracy, validity, timeliness, or completeness of any information or data for any purpose. In no event will PMFOC be liable, directly or indirectly, for any loss or damage resulting from a third-party’s interception or modification of any information, services, or content either provided by you or made available to you via this Site or Wholesale Division. PMFOC endeavors to provide continuous and uninterrupted service to all Authorized Resellers and Authorized Distributors via the Site and Wholesale Division, however, PMFOC cannot and will not guarantee the Site or Company’s business operations to be continuous or uninterrupted. In no event will PMFOC be liable or have any responsibility, financially or otherwise, to any Authorized Reseller, Authorized Distributor, or End-Consumer for any loss or damage incurred in the event of any failure, delay, or interruption of this Site or the Company’s business operations, or resulting from the act or omission of any other party involved in making, maintaining, or making available this Site, the data contained herein, or the Company’s business operations, or from any other cause related to your access to or inability to access, or use of the Site or Wholesale Division, whether or not the circumstances giving rise to such cause may have been within the control of PMFOC or its Providers (as such term is defined herein in Section XIII).
IV. STANDARD OPERATING PROCEDURES, DEFINITIONS
PMFOC follows the standard operating procedures outlined within these Terms as dictated by business needs and best industry practices. Any request for deviation from the standards defined herein must be pre-approved in writing by Company, which shall not be unreasonably withheld. Company’s failure to provide or your failure to seek pre-approval shall deem the request denied.
1. Definitions. For the purpose of these Terms, the following definitions shall be used to identify the various third-party resellers/customers of Company.
(i) Domestic Customer(s) shall be defined as any third-party reseller whose primary billing address is within the 48 contiguous U.S. states or the District of Columbia who actively engages in the resale of Wholesale Products (as such term is defined herein in this Section IV) to an End-Consumer either via approved online channels or brick and mortar locations in the 48 contiguous U.S. states or the District of Columbia.
(ii) Canadian Customer(s) shall be defined as any third-party reseller whose primary billing address is within the ten Canadian provinces or three territories who actively engages in the resale of Wholesale Products to an End-Consumer either via approved online channels or brick and mortar locations in Canada.
(iii) International Customer(s) shall be defined as any third-party reseller whose primary billing address is outside of the 48 contiguous U.S. states, the District of Columbia, or Canada who actively engages in the resale of Wholesale Products to an End-Consumer either via approved online channels or brick and mortar locations outside of the 48 contiguous U.S. states, the District of Columbia, or Canada.
(iv) Distributor(s) shall be defined as a select person or firm engaged in the distribution of Wholesale Products for a limited territory/region or channel, with the express purpose of reselling such Wholesale Products to wholesale customers or resellers, specifically excluding End-Consumers. In no event shall any person, entity, Domestic Customer, Canadian Customer, or International Customer be permitted to act as a Distributor, including engaging in the distribution of Products, without the prior written approval of Company and the execution of a Distribution Agreement authorized by Company.
(v) End-Consumer(s) shall be defined as the retail consumer or end-user of any Wholesale Product.
(vi) Reseller(s) shall be defined as all Domestic Customers, Canadian Customers, and International Customers, as such terms are defined herein above.
2. Customer Status. For the purposes of these Terms, the following definitions shall be used to indicate the various stages you may seek, be assigned to, or request.
(i) New/Inactive customer status is reserved for all Resellers who have either never been approved for a Customer Account, never placed a purchase order with Company, or have not placed a purchase order with Company in two (2) or more years. All Resellers in New/Inactive customer status are required to submit a New Customer and Credit Application (as such term is defined herein in Section V) prior to placing a purchase order.
(ii) Authorized Reseller customer status is reserved for any Domestic Customer, Canadian Customer, or International Customer with approval by Company to place purchase orders and resell Wholesale Products through select channels of distribution or retail outlets.
(iii) Authorized Distributor customer status is reserved for any Distributor with approval by Company to place purchase orders for the purpose of reselling Wholesale Products to approved third-party retailers.
(iv) Unauthorized Reseller customer status is reserved for any Domestic Customer, Canadian Customer, or International Customer without approval by Company to place purchase orders for, receive, or engage in the activity of reselling Wholesale Products. Any Authorized Reseller may be moved to Unauthorized Reseller customer status in the event of material breach of these Terms, including but not limited to unpaid balances, chronic late-pay, violation of MAP Policy, or violation of the approval process.
(v) Unauthorized Distributor customer status is reserved for any Distributor without approval by Company to place purchase orders for, receive, or engage in the activity of reselling Wholesale Products. Any Authorized Distributor may be moved to Unauthorized Distributor status in the event of material breach of these Terms, including but not limited to unpaid balances, chronic late-pay, violation of MAP Policy, or violation of the approval process.
3. Merchandise. All merchandise and services listed on the Site and Wholesale Division are subject to change without notice, as are specific product details including but not limited to case pack quantities, materials, dimensions, packaging, and features. Some merchandise shown in catalogs, sell sheets, promotional materials, and on our Site 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. For the purposes of these Terms, the following definitions shall be used to indicate the merchandise and services available to Authorized Resellers and Authorized Distributors through this Site and Wholesale Division.
(i) Wholesale Product(s) shall be defined as all PRECIOUS MOMENTS® and/or NE’QWA ART® branded merchandise available to an Authorized Reseller or Authorized Distributor, excluding merchandise specifically identified in the definition of Exclusion Product(s) below.
(ii) Exclusion Product(s) shall be defined as select PRECIOUS MOMENTS® and/or NE’QWA ART® branded merchandise whose channel of distribution or territory of resale is strictly limited. Examples of Exclusion Product(s) include certain merchandise available for resale exclusively through one retailer, merchandise available for resale only within the United States, or merchandise available for resale only through brick and mortar locations. Company reserves the right to designate Exclusion Product and to change a specific product’s designation to or from Exclusion Product in its sole discretion and decision.
4. Normal Business Hours. PMFOC believes in providing a work-life balance for its employees, while not sacrificing service for our Customers. Company’s normal business hours are Monday – Friday, 9:00am – 5:00pm. All times published are in Central Time. Company operations are suspended on Sundays and major holidays. Any purchase order, request, or other communication sent to or received by Company outside of normal business hours will be addressed or responded to, as needed, during normal business hours.
5. First Available Ship Date. From time to time Company will publish a First Available Ship Date for new or out-of-stock Wholesale Products. First Available Ship Dates are estimates only and are subject to change without notice. If the First Available Ship Date falls on a Sunday or major holiday, or other predetermined or the emergency “closed” day, the First Available Ship Date will be changed to the first business day following the closed day.
V. CUSTOMER ACCOUNT, ORDER PLACEMENT
1. New Customer & Credit Application. Any Reseller, or Distributor who (i) hasnever been approved for a Company Account; (ii) has previously been approved for a Company Account but has not placed a purchase order; or (iii) has been approved for a Company Account and has not placed a purchase order for a period of two (2) years or longer is considered to be in the New/Inactive customer status and is required to submit a completed New Customer & Credit Application prior to receiving Authorized Reseller status, prior to placing an initial purchase order. Complete New Customer & Credit Applications must include the signature of the principal or owner and be accompanied by a current, valid, state-issued Resale Tax Identification Certificate. Any New/Inactive Customer requesting Credit Terms (as such term is defined herein in this Section V ) is required to complete Parts 1, 3, and 4 of the New Customer & Credit Application. Any New/Inactive Customer requesting Prepay/Credit Card Terms (as such term is defined herein in this Section V) is required to complete Parts 1, 2, and 4 of the New Customer & Credit Application. INCOMPLETE NEW CUSTOMER & CREDIT APPLICATIONS WILL NOT BE PROCESSED AND WILL BE DEEMED DISAPPROVED. Any New/Inactive Customer may request Authorized Reseller status by contacting their designated Sales Representative via phone or email, or by contacting our Customer Care Specialists via phone, fax, email (during normal business hours), or post.
Toll-Free Call: 888-878-8148 | Fax: 417-359-2905 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Wholesale Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
2. Credit Terms. Any Domestic Customer, Canadian Customer, International Customer, or Authorized Distributor may request payment terms via a credit line payable in accordance with our standard payment terms (“Credit Terms”). Credit line requests of five thousand U.S. dollars (USD 5,000.00) or more may require additional information to be provided, including recent financial statements, balance sheets, and income statements. Minimally, one (1) bank and three (3) trade references are required when requesting Credit Terms. Company reserves the right, in its sole discretion and financial obligation, to conduct investigative reviews of any New Account & Credit Application, the contents within, including credit reference(s), bank reference(s) listed at the time of application and from time to time in connection with the extension or continuation of the business credit represented in the New Account & Credit Application. Company reserves the right to require current financial statements, balance sheets, and income statements to extend or continue credit. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO EXTEND, DECLINE, SUSPEND, AND/OR REVOKE ANY CREDIT TERMS, AT ANY TIME, WITHOUT NOTICE.
3. Prepay/Credit Card Terms. Any Domestic Customer, Canadian Customer, International Customer, or Authorized Distributor may request to prepay all purchase orders with a major credit card (“Prepay/Credit Card Terms”). Authorized Resellers or Authorized Distributors with Prepay/Credit Card Terms are required to provide Company’s Credit Department with a valid credit card (American Express, Discover, Mastercard, Visa) prior to a purchase order ship date.
4. Order Placement. Any Authorized Reseller or Authorized Distributor may place purchase orders by (i) using their Digital Shopping Account (as such term is defined in Section VII); (ii) contacting their designated Sales Representative in person, via phone, fax, or email; or (iii) by contacting our Customer Care Specialists via phone, fax, or email (during normal business hours).
Toll-Free Call: 888-878-8148 | Fax: 417-359-3000 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
VI. TERMS OF SALE
1. Price List. For all Wholesale Product purchased through the Site and/or Wholesale Division, you agree to pay the published List Price (U.S. or Canada, depending on the bill-to location), shipping fee for the service level selected, and all applicable taxes or fees. AUTHORIZED RESELLER OR AUTHORIZED DISTRIBUTOR IS SOLELY RESPONSIBLE FOR ALL FEES, DUTIES, AND OTHER GOVERNMENTAL CHARGES OR RELATED PENALTIES AND INTEREST ARISING FROM THE PURCHASE ORDER. All payments are non-refundable, except as expressly stated in our published Wholesale Returns Policy. Company reserves the right to modify its Price List at it sole discretion with five (5) business days’ notice. All pricing for Domestic Customers, International Customers, and Authorized Distributors is in U.S. dollars, unless otherwise noted. All pricing for Canadian Customers is in Canadian dollars, unless otherwise noted. When applicable, Suggested Retail Price (“SRP”) or Advertised Price (as such term is defined herein in Section VIII) shall be published in U.S. dollars for Domestic Customers, International Customers, and Authorized Distributors selling to End-Consumers. When applicable, SRP or Advertised Price shall be published in Canadian dollars for Canadian Customers selling to End-Consumers with bill-to addresses in Canada.
2. Closeout Pricing. Certain merchandise may be published at a Closeout Price. Such Closeout Price is calculated from the original List Price. Unless otherwise specified, Closeout Price merchandise must be written on a separate order and cannot be combined with other discounts, promotions, and offers. Unless otherwise specified, Closeout Price merchandise offered on the Site are listed at the Closeout Price, less applicable PMLA discount. 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.
3. Exception Pricing. From time to time, Company may, in its sole discretion and decision, offer exceptions to the Price List. In the event such exceptions are granted, Authorized Reseller or Authorized Distributor must submit separate purchase orders for each item/exception price.
4. Precious Moments Loyalty Allowance (PMLA). We value our Authorized Reseller’s support of the PRECIOUS MOMENTS® and NE’QWA ART® brands and the devotion to providing the highest level of service to our End-Consumers. Select Authorized Resellers are eligible to earn a special discount off the published List Price with the Precious Moments Loyalty Allowance (“PMLA”) Program. An Authorized Reseller’s PMLA discount is calculated on the Authorized Reseller’s cumulative shipped sales of the prior calendar year. A PMLA discount can be combined with most offers, promotions, and/or benefits and is applied to the List Price of all Wholesale Products on Website Orders, purchase orders placed via phone, fax, or email with a designated PMC Sales Representative, or purchase orders placed via phone, fax, or email with our Customer Care Specialists for the current calendar year. On or about January 30 of each calendar year, Company shall endeavor to notify any Authorized Reseller with new or changed PMLA discount Company reserves the right, in its sole discretion, to terminate PMLA, wholly or in part, at any time. In the event Company wholly terminates PMLA, Company shall endeavor to notify Authorized Resellers at least thirty (30) days prior to termination date, by minimally, a mailing sent to Authorized Reseller’s designated bill-to address and a public notice on the Site. Company reserves the right, in its sole discretion, to modify the PMLA structure, qualifying shipped sales level, and any other participation benchmark. Company reserves the right to extend or decline PMLA participation at any time, without notice.
5. Website Orders Pricing. The pricing displayed on the Site reflects the current Price List, less all applicable Customer discounts, including PMLA. Website Orders and Order Confirmations do not reflect charges for freight (shipping and handling), customs duties, and/or taxes if applicable.
6. Invoices. All invoices are sent to Authorized Resellers and Authorized Distributors via standard U.S. Mail, unless otherwise noted. Authorized Resellers and Authorized Distributors with EDI order placement may request digital invoices. Unless otherwise directed, all invoices are due upon receipt and all payments must be sent to Company through lockbox deposits via post.
Mail To:
Precious Moments Company, Inc.
Attn: Finance Department
P.O. Box 843205
Kansas City, Missouri 64184-3205
7. Cancellations and Order Changes. Company acknowledges there may be instances in which an Authorized Reseller or Authorized Distributor needs to cancel or modify a purchase 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. Authorized Resellers or Authorized Distributors requesting to cancel a purchase order can contact our Customer Care Specialists via phone or email (during normal business hours).
Toll-Free Call: 888-878-8148 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
8. Late Payments. Company reserves the right to suspend, terminate, or transfer to collection any Authorized Reseller or Authorized Distributor account in the event of late or missed payments, insufficient or fraudulent funds, and/or uncured violations of these Terms. Notwithstanding any remedies available to Company at law, Company reserves the right to impose a collection fee of one and one half percent (1.5%) per month and/or a penalty of the lesser of the statutory amount effective at the time of default or nine percent (9%). Company reserves the right to reduce or revoke Credit Terms at any time.
9. Credit Hold. Customers failing to pay in full any invoice by the due date prescribed thereon or whose payment is declined as insufficient funds shall be placed on “Credit Hold”. Customer must cure all past-due amounts to remove Credit Hold. Company will not process or ship any purchase orders for any Customer on Credit Hold and further, Company reserves the right to immediately change the Reseller’s or Distributor’s customer status to Unauthorized and to terminate the Unauthorized Reseller or Unauthorized Distributor Customer Account and/or Digital Shopping Account in the event of a persistent, uncured Credit Hold.
10. Offers/Promotions. From time to time, Company may, in its sole discretion and decision, make available to certain Authorized Resellers certain offers, promotions, and/or benefits, including but not limited to free or discounted Wholesale Product, free or discounted shipping, free or discounted merchandise display/point-of-purchase material(s), and/or extended or delayed Credit Terms (for qualifying Authorized Resellers). Not all Authorized Resellers 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. Company makes no representations and undertakes no obligations or liability to any Customer as to availability of any Wholesale Product, point-of-purchase material, offer, promotion, or benefit. All offers, promotions, and benefits subject to change without notice. All Wholesale Product discounts and value of free gift opportunities are based on the original U.S. List Price.
VII. DIGITAL SHOPPING ACCOUNT
1. Set-up/Account Creation. Domestic Customers in an Authorized Reseller customer status are permitted place orders for Wholesale Products from this Site. DOMESTIC CUSTOMERS IN AN UNAUTHORIZED CUSTOMER STATUS, CANADIAN CUSTOMERS, International Customers, AND AUTHORIZED Distributors are not permitted to use the Site. In order to use certain features of the Site, including placing purchase orders, a free Digital Shopping Account is required. Through the registration process and continued use of the Site and Digital Shopping Account, certain Personal Information is required, including but not limited to, an Authorized Reseller’s (i) business/store name; (ii) email address; (iii) billing address; (iv) shipping address; (v) telephone number; and (vi) federal tax identification number/state-issued resale certificate. By registering for, accessing or using a Digital 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.
2. Account Maintenance. At any time and at the Company’s sole discretion, the Company may access, suspend, or terminate an Authorized Reseller’s Digital Shopping Account. Authorized Resellers may, from time to time, request to modify their Digital Shopping Account profile, including but not limited to their (i) business/store name; (ii) email address; (iii) billing address; (iv) shipping address; or (v) telephone number. Authorized Resellers may review or modify their Digital Shopping Account profile 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: 888-878-8148 to modify your Shopping Account profile with our Customer Care Specialists
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
3. Website Orders. Company shall endeavor to send via the email address in the Authorized Reseller’s Digital Shopping Account an Order Confirmation upon completion of a purchase transaction to within twenty-four (24) hours of Company’s receipt of the completed transaction. Company’s sending and/or Authorized Reseller’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 Authorized Reseller to submit additional verifications or information before accepting and/or processing any order. An order is not considered “accepted” until it is shipped. An Order Confirmation for Website Orders does not constitute an invoice. Company will send an invoice for all Website Orders in accordance with the Terms of Sale outlined in Section VI. One (1) coupon code can be applied per transaction, certain offers/promotions may require the order to be written on a separate order. 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 Authorized Reseller.
4. User Termination. Company reserves the right to suspend, restrict, or terminate Authorized Reseller access to the Site and/or Digital Shopping Account in the event Company believes Authorized Reseller (i) is in an Unauthorized customer status; (ii) is a Canadian Customer, International Customer, or Distributor; (iii) has acted in a manner inconsistent with applicable laws, regulations, or ordinances; (iv) failed to complete a transaction due to insufficient or fraudulent funds or is placed on Credit Hold and fails to cure such Credit Hold within fifteen (15) days of Company’s notice to Authorized Reseller; (v) breached or violated these Legal Terms and Conditions; (vi) attempted to transfer, sell, or barter preferred payment methods, gift certificates, or unpurchased merchandise; (vii) 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; (viii) requested to cancel or terminate their Shopping Account; (ix) activates a new Digital Shopping Account in an effort to circumvent Company’s decision to cancel, suspend, or terminate a Digital Shopping Account; (x) fraudulently misrepresented their age as being eighteen (18) years of age or older or warrants their age as below age of eighteen (18); (xi) impersonates or attempts to impersonate any person or entity, falsely represents, or misrepresents Authorized Reseller’s affiliation with any person or entity, or is not authorized to act on behalf of Authorized Reseller; or (xii) breaches the Company’s published Minimum Advertised Pricing Policy (as such term is defined herein in Section VIII) and fails to cure said breach within fifteen (15) days of Company’s notice to Authorized Reseller. In the event of User Termination: (i) Authorized Reseller waives any claim or right to access the Shopping Account and the Site; (ii) Authorized Reseller forfeits and Company has no obligation to Authorized Reseller and will not compensate or otherwise reimburse Authorized Reseller for any and all unused coupon codes, offers, incentives, or benefits, gift certificates, or other credits; (iii) Authorized Reseller waives any right to participate in a future Digital Shopping Account; and (iv) Company reserves the right to delete any of the Authorized Reseller’s User-Generated Content, without notice to Authorized Reseller. Authorized Resellers choosing to cancel their participation in the Site can abandon their Digital Shopping Account at any time or by contacting our Customer Care Specialists to close their Digital 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
VIII. MINIMUM ADVERTISED PRICING POLICY
On or about November 1, 2015 Precious Moments Company, Inc. (“Company”) made effective a unilateral Minimum Advertised Pricing Policy (“MAPP”) program on select PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise in an effort to serve its Authorized Resellers and Authorized Distributors by helping to protect pricing margins while preserving the integrity of the PRECIOUS MOMENTS® and NE’QWA ART® brands.
1. Affected Parties. All Domestic Customers, Canadian Customers, and Distributors with Authorized customer status with Company advertising PRECIOUS MOMENTS® and/or NE’QWA ART® branded merchandise in the United States, its owned territories and possessions (including Puerto Rico), and Canada, regardless of the physical location of the End-Consumer or End-Consumer’s billing or shipping address, are subject to MAPP.
2. Advertised Price. For the purposes of this Minimum Advertised Pricing Policy and the published Legal Terms and Conditions to which it is annexed, “Advertised Price” shall be defined as the actual retail price to an End-Consumer displayed online, whether via a Domestic Customer’s, Canadian Customer’s, or Authorized Distributor’s owned and operated website, an online/digital catalog, an email Advertisement, a “click for price” Advertisement, a “call for price” Advertisement, an “add to cart for price” Advertisement, a social media Advertisement or banner, or similar Advertisement published online.
3. MAPP Methods of Advertising. For the purposes of this Minimum Advertised Pricing Policy and the published Legal Terms and Conditions to which it is annexed, “Advertisement” shall include but not be limited to brochures, catalogs (whether print or digital), coupons, direct response cards/mailers, display/point-of-purchase advertising, pamphlets/flyers, postcards, posters/signage, print and digital media, promotional mailers, sell sheets, social media and web content (emails, banners, product detail pages, ads, posts) and shall specifically exclude ‘exclusively in-store’ marketing.
4. Applicable Products, MAP List. Company will endeavor to make available to Sales Representatives, Domestic Customers, Canadian Customers, and Authorized Distributors a comprehensive Minimum Advertised Pricing List (“MAP List”) encompassing all Wholesale Product affected under MAPP not less than one (1) time per calendar year. Each MAP List shall include, minimally: (i) Product description, UPC, and Company-assigned item number; (ii) minimum advertised retail price (“MAP Price”) in U.S. dollars or Canadian dollars; and (iii) current List Price (U.S. or Canada). Company reserves the right to modify the MAP List, wholly or in part, at any time and in its sole discretion. In the event Company modifies the MAP List, wholly or in part, Company shall provide notice to all Domestic Customers, Canadian Customers, and Authorized Distributors within fourteen (14) business days of such modification.
5. MAPP Promotions. From time to time, Company may, in its sole discretion and decision, suspend, waive, reduce, or otherwise adjust MAPP or the MAP Price for certain individual Wholesale Product, certain categories/themes, or for a certain period of time. All such MAPP Promotions shall expire on the date(s) specified in the specific MAPP Promotion listing, which may or may not be included as a published MAP List.
6. Reservation of Rights. All Domestic Customers, Canadian Customers, and Distributors with Authorized customer status with Company are permitted to make its own decisions to advertise and sell Wholesale Product, at any Advertised Price it chooses, without consulting or notifying Company. Similarly, Company reserves the right to make its own decisions regarding vetting, approving, modifying, suspending, declining any Authorized Reseller or Authorized Distributor, and/or customer status. Company reserves the right to make its own decisions regarding new Wholesale Products, Exclusion Products, merchandise availability, List Price, MAP Price, merchandise allocation, Marketing Materials, and format and/or frequency of distribution of any MAP List.
7. Enforcement, Penalties. Company reserves the right to monitor compliance both directly and through designated third-party providers, at its sole discretion and financial obligation. In the event of non-compliance, Company shall minimally (i) contact the Errant Party via a written notice identifying the offense(s); (ii) provide the Errant Party a reasonable timeline for remedying the offense(s); and (iii) provide the Errant Party a comprehensive plan for remedying the offense(s). Upon sending written notice to Errant Party, Company reserves the right to (i) cancel any pending purchase orders; (ii) immediately change the Errant Party’s customer status to Unauthorized; and (iii) suspend and/or terminate the Unauthorized Reseller or Unauthorized Distributor Customer Account and/or Digital Shopping Account, including order fulfillment privileges.
8. Contact Us. Domestic Customers, Canadian Customers, or Authorized Distributors can view a current MAP List by accessing their Digital Shopping Account and selecting the Minimum Advertised Price Policy tab or by contacting our Customer Care Specialists via phone or email (during normal business hours).
Toll-Free Call:888-878-8148 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
IX. ADVERTISING, MARKETING
1. Brand Voice. Our core values are the foundation of the PMFOC culture. As an organization we are generous and caring, encouraging kindness, honesty, benevolence, and virtue from our paid full-time, part-time, and temporary/seasonal employees (“Employees”), Providers (as such term is defined herein in Section XIII), and all tenants, vendors, volunteers, Sales Representatives, Authorized Resellers, Authorized Distributors, and other third-parties (“Other Providers”) and consider all Employees, Providers, and Other Providers to be “messengers of the brand”. We expect all messengers of the PRECIOUS MOMENTS® and NE’QWA ART® brands to speak respectfully of the PRECIOUS MOMENTS® and NE’QWA ART® brands, our products, services, facilities, visitors, one another, and our brand competitors, and to, at all times, adhere to conduct befitting the wholesome, family values of the PRECIOUS MOMENTS® and NE’QWA ART® brands. In no event shall any Marketing Material (as such term is defined herein in this Section IX) contain, be positioned on, in, near, or in conjunction with content deemed to be sexually explicit, obscene, pornographic, offensive to good taste, defamatory, libelous, discriminatory, violent, or unlawful. Any Authorized Reseller or Authorized Distributor can request hi-resolution product images and PRECIOUS MOMENTS® and NE’QWA ART® brand logos for use in Marketing Material by contacting their designated Sales Representative via phone, fax, or email.
2. Approvals. We strive to maintain a consistent identity throughout all presentations and communications, including materials developed by, for, or on behalf of any Authorized Reseller or Authorized Distributor. All material bearing the PRECIOUS MOMENTS® or NE’QWA ART® name, logo, Wholesale Product image(s), or Wholesale Product details including but not limited to brochures, catalogs (whether print or digital), coupons, direct response cards/mailers, display/point-of-purchase advertising, packaging/labeling, pamphlets/flyers, postcards, posters/signage, print and digital media, promotional mailers, sell sheets, social media and web content (emails, banners, product detail pages, ads, posts), collectively “Marketing Material” are subject to pre-approval by the Company’s Communications Team ahead of publication. Authorized Resellers and Authorized Distributors shall submit to Company’s Communications Team the final, print-ready version (in .JPG or .PDF format) all Marketing Material together with a brief explanation of the intended audience, intended method of distribution, and proposed dissemination date. Company will make every effort provide approval or reasons for disapproval within five (5) business days of receipt of such request. COMPANY’S FAILURE TO REMIT APPROVAL OR REASONS FOR DISAPPROVAL WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT SHALL DEEM SUBMISSION DISAPPROVED. In the event any Marketing Material is not submitted for approval or required edits are not made ahead of dissemination, Company reserves the right, in its sole discretion, to immediately change the Reseller’s or Distributor’s customer status to Unauthorized and to suspend and/or terminate the Unauthorized Reseller’s or Unauthorized Distributor’s Customer Account and/or Digital Shopping Account, including order fulfillment privileges. Authorized Resellers or Authorized Distributors requesting approval of any Marketing Material can send the submission to our Communications Team via email (during normal business hours).
Email: CommTeam@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
3. Custom Product Program. Our Custom Product Program helps End-Consumers commemorate milestones, honor local landmarks, and celebrate special events, while driving business to your store for exclusive merchandise. Any Authorized Reseller in good standing can take advantage of the Custom Product Program for the PRECIOUS MOMENTS® and NE’QWA ART® brands. Minimum buy quantities, set-up fees, and preproduction fees vary and are the sole responsibility of the Authorized Reseller.
a. Right of Refusal. Company reserves the right to refuse any Custom Art Program request and is not obligated to provide notice or reason of refusal.
b. Reservation of Rights. Company retains final authority and decision on artwork, design, material, size, packaging, minimum buy quantity, timing/delivery, and associated fees. Parties agree definition of “Artwork” for the purposes of a Custom Product Program includes sketches, comps, mock-ups, sculpts, molds, renderings, and other preliminary materials.
c. Promotion Release. By entering into a Custom Product Program Agreement, Authorized Reseller grants to Company and its affiliates, contractors, parents, subsidiaries, representatives, employees, and agents, the right to use, reuse, publish and republish Authorized Reseller’s business name, likeness, photo, image, logo, story, video, audio clip, and Custom Product (including title, message, Artwork, image/photo), individually or any combination thereof, for the purpose of commercial use, advertising and/or promotion of Company, its affiliates, parents, subsidiaries, their events, products, and services, including but not limited to the Custom Product Program, in any and all media, now known or hereafter developed, worldwide and in perpetuity. Authorized Reseller waives any and all claims to copyright, royalty or other compensation, monetarily or otherwise, or right of use of the Artwork or Custom Product.
d. Brand Voice. Company retains the right to alter or reject, wholly or in part, any concept in the Artwork which is deemed to not meet the Company’s standard of construction, quality, brand integrity, and Brand Voice (as such term is defined herein in this Section IX).
e. Reproduction. Company reserves all intellectual property and reproduction rights to Custom Product, including the right to claim statutory copyright in the Artwork. Artwork may not be duplicated, photographed, sketched, painted, reproduced, or otherwise duplicated in any manner whatsoever for commercial use without the prior written consent of Company. All approved reproductions shall bear the copyright notice as deemed appropriate by Company at the time such approval is given.
f. Contact Us. Authorized Resellers interested in our Custom Product Program can receive more information by contacting their designated Sales Representative via phone or email, 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: 888-878-8148 | Email: CustomerService@PreciousMoments.com
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
4. E-Commerce Sales. Distribution and resale of all merchandise is strictly limited to brick and mortar locations and the associated print, digital, and ecommerce channel of each, unless otherwise permitted in writing. For the avoidance of doubt, Company strictly prohibits the advertising, sale, or distribution of its Products through online (ecommerce) channels, including but not limited to: e-retailers, digital marketplaces, social media, third-party marketplace sites (including Amazon.com, Google Shopping, and Walmart.com), and third-party auction sites (including Ebay.com), which are not owned and operated by the Authorized Reseller or Authorized Distributor, without the express written consent of Company.
a. Authorization. All Customers in a New/Inactive customer status are required to disclose (i) all websites (including marketplace sites) where non-PRECIOUS MOMENTS® and NE’QWA ART® merchandise is sold; (ii) all websites (including marketplace sites) where Wholesale Product is intended to be sold; and (iii) all third-party marketplace, store, and e-retailer user names used to advertise and/or sell both non-Brand merchandise and Wholesale Product. Company reserves the right to require any Authorized Reseller or Authorized Distributor disclose or update the content provided, at any time.
b. Unauthorized Listings. In the event Authorized Reseller or Authorized Distributor fails to (i) request ecommerce authorization; (ii) places/lists an ecommerce advertisement without written approval by Company; (iii) places/lists an ecommerce advertisement for Exclusion Product; or (iv) provide to Company all third-party marketplace, store, and e-retailer user names (or knowingly provides false information), Company reserves the right, in its sole discretion, in addition to any remedy available to Company at law, to (i) immediatelychange the Reseller’s or Distributor’s customer status to Unauthorized; (ii) suspend and/or terminate the Unauthorized Reseller or Unauthorized Distributor Customer Account and/or Digital Shopping Account, including order fulfillment privileges; (iii) file notices of copyright and/or trademark infringement with the ecommerce platform meeting or exceeding the criteria of the Digital Millennium Copyright Act 17 U.S.C. §512(c)(3); and/or (iv) report all violations to the ecommerce platform, demanding the offending party’s listing privileges are revoked and the offending listing(s) is/are permanently and immediately removed.
c. Digital Advertising Expectations. Authorized Reseller or Authorized Distributor shall not engage in distribution of unsolicited bulk emails (“SPAM”) in which any way mention or reference Company, its parent or sister companies, the brand name(s), Wholesale Product, intellectual property, logos, copyrights, trademarks, brand marks, and/or service marks of each. In no event is Authorized Reseller or Authorized Distributor permitted to advertise, market, sell, or otherwise position Company’s or its parent or sister companies brand name(s), Wholesale Product, intellectual property, logos, copyrights, trademarks, brand marks, and/or service marks of each on, in, near, or in conjunction with content deemed to be in violation of Company’s Brand Voice (as such term is defined herein in Section IX.) Authorized Reseller or Authorized Distributor shall obtain written approval for all Marketing Material (as such term is defined herein in this Section IX) prior to dissemination, in accordance with the provisions of this Section IX.
5. Packaging, Labeling Standards. Unless otherwise approved by Company in writing, all Products must be advertised, sold, or otherwise distributed in original packaging and with original markings. Advertised Price stickers, barcode stickers, and promotional stickers specific to the Authorized Reseller or Authorized Distributor notwithstanding, in no event shall any Authorized Reseller or Authorized Distributor be permitted to remove, alter, or otherwise manipulate manufacturer labels, including any and all safety warnings required under state or federal law.
X. SHIPPING POLICY
All delivery dates provided by Company are estimates. Company makes no representations and undertakes no obligations or liability to any Authorized Reseller or Authorized Distributor 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 orders shipped to addresses located in the 48 contiguous 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 and Canadian Shipments and refers to standard delivery service. Authorized Reseller or Authorized Distributor is solely responsible for all fees associated with expedited or other service level. All orders, regardless of order method, are processed with F.O.B. Carthage, Missouri freight terms. Authorized Reseller or Authorized Distributor must provide UPS or FedEx shipping account number prior to the ship date. Legal title to, right of possession, and risk of loss, damage, or destruction of all merchandise purchased shall transfer to Authorized Reseller or Authorized Distributor upon Company’s delivery to carrier.
2. Canadian Shipments. Company defines “Canadian Shipments” as orders shipped to addresses located in the ten Canadian provinces or three territories. Any free or discounted shipping offer is valid for Domestic Shipments and Canadian Shipments and refers to standard delivery service. Authorized Reseller or Authorized Distributor is solely responsible for all fees associated with expedited or other service level. All orders, regardless of order method, are processed with F.O.B. Carthage, Missouri freight terms. Authorized Reseller or Authorized Distributor must provide UPS or FedEx shipping account number prior to the ship date. Legal title to, right of possession, and risk of loss, damage, or destruction of all merchandise purchased shall transfer to Authorized Reseller or Authorized Distributor upon Company’s delivery to carrier.
3. International Shipments. Company defines “International Shipments” as orders shipped to addresses located outside of the 48 contiguous U.S. states, including Alaska, Hawaii, and U.S. owned territories and possessions, such as Puerto Rico. Company cannot ship to post office box addresses. All orders, regardless of order method, are processed with F.O.B. Carthage, Missouri freight terms. Authorized Reseller or Authorized Distributor must provide UPS or FedEx shipping account number prior to the ship date. International Customers are required to provide to Company contact information for their freight forwarder. All import/export duties, customs fees are the responsibility of the Authorized Reseller or Authorized Distributor. Legal title to, right of possession, and risk of loss, damage, or destruction of all merchandise purchased shall transfer to Authorized Reseller or Authorized Distributor upon Company’s delivery to carrier.
XI. WHOLESALE RETURNS POLICY
Our Wholesale Returns Policy extends to all PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise purchased through Precious Moments Wholesale Division, including PreciousMoments.com/retailer, and orders placed via phone, fax, or email to a designated Sales Representative, or via phone, fax, or email to our Customer Care Specialists. We take our customer service and merchandise quality very seriously and want our Authorized Resellers, Authorized Distributors, and End-Consumers satisfied with all PRECIOUS MOMENTS® and NE’QWA ART® branded merchandise and services.
1. Not-As-Expected (Domestic Shipments). Authorized Resellers or Authorized Distributors who are dissatisfied with merchandise from a Domestic Shipment can, within ninety (90) days of the invoice date, notify our Customer Care Specialists to return any eligible Wholesale Product for a merchandise credit. Returned Wholesale Product valued at USD 50.99 or less requires a Return Without Authorization (RT). Returned Wholesale Product valued at USD 51.00 or greater requires a Return Merchandise Authorization (RMA). All returned merchandise, regardless of its value must (i) be accompanied by a valid RT or RMA; (ii) be in re-sellable condition; (iii) be in original packaging, void of any Authorized Reseller or Authorized Distributor issued or applied stickers, labels, tags, markings; (iv) are subject to a per-SKU restocking fee, up to or equal to the original U.S. List Price.
2. Damaged or Defective (Domestic Shipments). Authorized Resellers or Authorized Distributors with damaged or defective merchandise from a Domestic Shipment can, within ninety (90) days of the invoice date, notify our Customer Care Specialists to return any eligible Wholesale Product for a merchandise credit. Returned Wholesale Product valued at USD 50.99 or less requires a Return Without Authorization (RT). Returned Wholesale Product valued at USD 51.00 or greater requires a Return Merchandise Authorization (RMA). All returned merchandise, regardless of its value must (i) be accompanied by a valid RT or RMA; (ii) be in original packaging, void of any Authorized Reseller or Authorized Distributor issued or applied stickers, labels, tags, markings; (iii) are subject to a per-SKU restocking fee, up to or equal to the original U.S. List Price.
3. Not-As-Expected (Canadian Shipments, International Shipments). Authorized Resellers or Authorized Distributors who are dissatisfied with Wholesale Product from Canadian Shipments or International Shipments can, within ninety (90) days of the invoice date, notify our Customer Care Specialists to return any eligible Wholesale Product for a merchandise credit. Returned Wholesale Product valued at USD 150.99 or less requires a Return Without Authorization (RT). Returned Wholesale Product valued at USD 151.00 or greater requires a Return Merchandise Authorization (RMA). All returned merchandise, regardless of its value must (i) be accompanied by a valid RT or RMA; (ii) be in re-sellable condition; (iii) be in original packaging, void of any Authorized Reseller or Authorized Distributor issued or applied stickers, labels, tags, markings; (iv) are subject to a per-SKU restocking fee, up to or equal to the original U.S. List Price of the merchandise.
4. Damaged or Defective (Canadian Shipments, International Shipments). Authorized Resellers or Authorized Distributors with damaged or defective merchandise from Canadian Shipments or International Shipments can, within ninety (90) days of the invoice date, notify our Customer Care Specialists to return any eligible Wholesale Product for a merchandise credit. Returned Wholesale Product valued at USD 150.99 or less requires a Return Without Authorization (RT). Returned Wholesale Product valued at USD 151.00 or greater requires a Return Merchandise Authorization (RMA). All returned merchandise, regardless of its value must (i) be accompanied by a valid RT or RMA; (ii) be in original packaging, void of any Authorized Reseller or Authorized Distributor issued or applied stickers, labels, tags, markings; (iii) are subject to a per-SKU restocking fee, up to or equal to the original U.S. List Price.
5. Damage/Defective Allowances. Authorized Distributors may be permitted a Defective/Damages Allowance. Authorized Distributors should review the terms of their individual Distributor Agreement for the Defective/Damages Allowance provided.
6. Contact Us. For questions about our Wholesale Returns Policy or to request an RT or RMA, Authorized Resellers or Authorized Distributors must have available their designated Customer Number and the applicable purchase order number and contact our Customer Care Specialists via phone (during normal business hours).
Toll-Free Call: 888-878-8148
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
XII. PRODUCT RECALL POLICY
Precious Moments Family of Companies, Inc., its entities and divisions, Precious Moments Company, Inc., and Precious Moments, Inc. (“PMFOC”, “Company”, “we”, “us”, “our”) takes its customer service and merchandise quality very seriously and strives to work with leading manufacturers who share our same code of ethics and standards. In the event any Wholesale Product is recognized to be potentially hazardous to an End-Consumer or otherwise poses a threat to public health or safety, Company shall implement and advise a corrective action plan to all Authorized Resellers and Authorized Distributors in accordance with the Consumer Product Safety Act (CPSA) 15 U.S.C. §§2051-2089. In no circumstance shall any Authorized Reseller or Authorized Distributor have the authority to implement or execute a corrective action plan on behalf of Company; however, Company expects immediate and comprehensive cooperation of all Authorized Resellers and Authorized Distributors in the event Company implements a corrective action plan.
XIII. OWNERSHIP AND USE
1. Consent. Your use of this Site and/or Wholesale 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, contact our Customer Care Specialists to terminate your Customer Account and/or Digital Shopping Account, 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 Wholesale Division, or the contents of each; (ii) commercial or derivative use of the Site and Wholesale 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 Wholesale 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 Wholesale Division are wholly owned by PMFOC. PRECIOUS MOMENTS, PRECIOUS MOMENTS CHAPEL, PRECIOUS MOMENTS FOUNDATION, 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 contractors, licensing partners, service providers, advertising providers, social media providers/platforms, or other third-parties, collectively referred to herein as “Providers”. In no event shall any Authorized Reseller or Authorized Distributor be permitted to use the PRECIOUS MOMENTS® or NE’QWA ART® brand in their store name or company name, whether for brick and mortar or online storefront, or domain name. Reference to PRECIOUS MOMENTS® or NE’QWA ART® brand can be made in a domain name, after the top-level domain only. For example, the domain www.SuesPreciousMoments.com is not permitted, whereas www.SuesGifts.com/PreciousMoments is a permissible domain name. All use of the PRECIOUS MOMENTS® or NE’QWA ART® brand, including commercial use, is prohibited without the expressed written approval of the Company. Any violation of this policy is in violation of applicable law and will subject the violator to action(s) by the Company, including but not limited to the termination of the violator’s Authorized Reseller or Authorized Distributor status and/or legal action.
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, End-Consumers, or Users 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, End-Consumers, or Users of each; (iv) soliciting personal, private, protected, or confidential information, records, content, or material from PMFOC, its Providers, or the owners, employees, End-Consumers, or Users 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, End-Consumers, or Users 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 in this Section XIII). 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. RESELLERS AND DISTRIBUTORS AGREE TO USE ALL PROVIDER SITES AT THEIR OWN RISK AND ACKNOWLEDGE EACH PROVIDER MAY IMPOSE, AND RESELLER OR DISTRIBUTOR 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 Reseller or Distributor or Provider, financially or otherwise, for any dispute, content, process, function, or other aspect of a Provider Site.
XIV. PRIVACY POLICY
Precious Moments Family of Companies, Inc., its entities and divisions, Precious Moments Company, Inc., and Precious Moments, Inc., and its non-profit organization Precious Moments Foundation, including Precious Moments Chapel Gift Shoppe (“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/retailer, 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 Digital 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. Opt Out of PreciousMomentsChapel.org. To opt out of receiving promotional emails, catalogs, and other print and digital communications from PMFOC related to Precious Moments Foundation, including www.PreciousMomentsChapel.org and Precious Moments Chapel Gift Shoppe, contact our Customer Care Specialists either phone, email (during normal business hours) or post.
Toll-Free Call: 800-543-7975 | Email: GS.Supervisor@PreciousMoments.com
Mail To:
Precious Moments Foundation
Attn: Customer Service (Gift Shoppe)
4321 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
January 2, 2020 – March 1, 2020 Sunday – Saturday 10:00am – 4:00pm CT
March 2, 2020 – November 19, 2020 Sunday – Saturday 9:30am – 5:30pm CT
d. Opt Out of PreciousMoments.com/retailer. To opt out of receiving promotional emails, catalogs, and other print and digital communications from PMFOC related to Precious Moments Company, Inc. www.PreciousMoments.com/retailer and our Wholesale Division, or to delete your Digital Shopping Account, contact our Customer Care Specialists either via phone, email (during normal business hours) or post.
Toll-Free Call: 888-878-8148 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Wholesale Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
e. 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.
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”, “Request My Personal Information”, or “Delete 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 to PreciousMomentsChapel.org. To exercise any of your rights described above under the California Consumer Privacy Act, please click the “Do Not Sell My Personal Information”, “Request My Personal Information”, or “Delete 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: 800-543-7975 | Fax: 417-359-2939 | Email: GS.Supervisor@PreciousMoments.com
Mail To:
Precious Moments Foundation
Attn: Customer Service (Gift Shoppe)
4321 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
January 2, 2020 – March 1, 2020 Sunday – Saturday 10:00am – 4:00pm CT
March 2, 2020 – November 19, 2020 Sunday – Saturday 9:30am – 5:30pm CT
f. Submit a Personal Information Request to PreciousMoments.com/retailer. This Site is not available to End-Consumers, and as such, are not able to submit a Personal Information Request. For questions about your rights as to your Digital Shopping Account, please contact our Customer Care Specialists via phone, email (during normal business hours), or post.
Toll-Free Call: 888-878-8148 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Wholesale Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
g. 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”, “Request My Personal Information”, or “Delete 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 Fax: 417-359-2939
Email: CustomerService@PreciousMoments.com Email: GS.Supervisor@PreciousMoments.com
Mail To: Mail To:
Precious Moments Company, Inc. Precious Moments Foundation
4105 Chapel Road, 4321 Chapel Road,
Carthage, Missouri 64836 U.S.A. Carthage, Missouri 64836 U.S.A.
Precious Moments Company, Inc. Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
Precious Moments Foundation Normal Business Hours:
January 2, 2020 – March 1, 2020 Sunday – Saturday 10:00am – 4:00pm CT
March 2, 2020 – November 19, 2020 Sunday – Saturday 9:30am – 5:30pm CT
12. Non-Disclosure. For the purpose of this Privacy Policy and the published Legal Terms and Conditions to which it is annexed, “Confidential Information” shall be defined as: all sensitive information or material of either Company or Authorized Reseller or Authorized Distributor, which when disclosed may or may not be in written or verbal form, and may or may not be transmitted in print, audio, or digital format, and may or may not have a commercial value or other utility in the business or industry of the Disclosing Party or Receiving Party, that when unlawfully disclosed may have damaging effects to either the Disclosing Party or Receiving Party. Each transmission of Confidential Information, regardless of its content, disclosure method, and/or delivery method carries the same level of confidentiality, except as it relates to information that is (i) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Disclosing Party or Receiving Party; (ii) learned by and through legitimate means; or (iii) disclosed with prior written approval of the owning party. Company and all Authorized Resellers and Authorized Distributors agree and understand through the normal course of business each is likely to disclose and receive Confidential Information of the opposing party. Parties further agree that unless otherwise authorized in writing by Opposing Party, neither Party shall disclose any Confidential Information to any person or entity who is not a party to this Privacy Policy or the published Legal Terms and Conditions to which it is annexed, except to secure advice or counsel, in which case Disclosing Party shall make any such third-party aware of this provision and such third-party shall be deemed to consent to maintain confidentiality. IN THE EVENT OF A SALE OR MERGER OF COMPANY, OR ITS PARENT COMPANY, THE CONFIDENTIAL INFORMATION OF ALL AUTHORIZED RESELLERS, AUTHORIZED DISTRIBUTORS, AND END-CONSUMERS, INCLUDING PERSONALLY-IDENTIFIABLE INFORMATION AND ANY OTHER CONFIDENTIAL INFORMATION COLLECTED PURSUANT TO THIS PRIVACY POLICY MAY BE AMONG THE TRANSFERRED BUSINESS ASSETS. COMPANY HAS NO OBLIGATION TO ANY AUTHORIZED RESELLER, AUTHORIZED DISTRIBUTOR, OR END-CONSUMER TO NOTIFY OF ANY SUCH DISCLOSURE. Each Party agrees to hold and maintain Confidential Information in strictest confidence for the sole purposes of executing their role and responsibilities under this Privacy Policy and the published Legal Terms and Conditions to which it is annexed, and with the same degree of privilege it holds its own Confidential Information. Upon request, and at its own expense, Receiving Party agrees to return to Disclosing Party any and all records, notes, and other written, printed, or tangible confidential materials in its possession, without retaining copies, summaries, excerpts, or analyses thereof. The Non-Disclosure provisions of this Privacy Policy and the published Legal Terms and Conditions to which it is annexed survive the termination of any relationship between the Parties.
XV. ACCESSIBILITY
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. 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:888-878-8148 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Wholesale Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT
XVI. 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, purchasing from, or accessing any portion of the Site or Wholesale 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 purchase order, 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.
XVII. 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.
XVIII. CONTACT US
For questions, concerns, or information related to Precious Moments Wholesale Division, www.PreciousMoments.com/retailer, a Digital Shopping Account, 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: 888-878-8148 | Email: CustomerService@PreciousMoments.com
Mail To:
Precious Moments Company, Inc.
Attn: Customer Service (Wholesale Division)
4105 Chapel Road,
Carthage, Missouri 64836 U.S.A.
Normal Business Hours:
Monday – Friday 9:00am – 5:00pm CT