Terms and Conditions

 

Use of Site

Your use of this Website is governed by these terms and conditions. Please take a few minutes to review them. Your use of this Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, please do not use this Website.

Children under the age of 13 may not use this Website and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are under the age of 18 but at least 13 years of age, you may use this Website only with the consent of, and under the supervision of, a parent or legal guardian who agrees to be bound by the Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use on behalf of a child between the ages of 13 and 18, you agree that you are fully responsible for use of this Website by that child.

You agree to indemnify, defend, and hold harmless DEMDACO, its parent, subsidiaries, and affiliates and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violations of these terms and conditions or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing this Website by using your account.

By using this Website, you agree not to:

  1. Abuse, threaten, harass, intimidate, defame, or impersonate other users.
  2. Post or transmit (or cause to be posted or transmitted) any content that is obscene, pornographic, abusive, offensive, profane, infringing, defamatory, or violates any law or right of any third party.
  3. Advertise to, or solicit, any user to buy or sell any products or services. Prior written consent is required from DEMDACO to use any information obtained from this Website in order to contact, advertise to, solicit, or sell to any user of this Website.
  4. Use scrapers, robots, spiders or any other means to access this Website for any purpose including either uploading viruses or other malicious code, preventing or restricting access to this Website, or imposing an unreasonable work load on our infrastructure.
  5. Post, upload, submit, create, or make available any unsolicited e-mail or Spam to any users of this Website.
  6. Create communication or solicitation designed or intended to obtain user account information such as passwords or any other private information from any user of this Website.
  7. Utilize framing techniques to enclose any logo, trademark, or other proprietary information (including images, page layout, form, or text) of DEMDACO without express written consent to do so. Meta tags or other hidden text may not be used with DEMDACO’s name or trademark.
  8. Use this Website for any illegal or unauthorized purpose, including violating any laws (including infringing any trade secrets, copyrights, trademarks, patents, or any other proprietary rights of any party) at the local, state, national or international level.

These Terms and Conditions May Change

DEMDACO reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Website. The Terms of this agreement shall remain in full force and effect while you use this Website. We do reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

Copyright Notice

All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, and text (referred to herein as the "Content") is the exclusive property of DEMDACO and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by DEMDACO, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to DEMDACO. The entire Content of this Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and DEMDACO owns a copyright in selection, coordination, arrangement and enhancement of the Content. The Content of this Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to DEMDACO. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. DEMDACO reserves complete title and full intellectual property of rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of DEMDACO.

E-mails, Comments & Testimonials

We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, testimonials, suggestions or other communications (collectively, "Comments") sent to this Website shall be and remain the exclusive property of DEMDACO. Your submission of any such Comments shall constitute an assignment to DEMDACO of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. DEMDACO will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, products ideas, computer code or original artwork.

Mobile Messaging

If you have signed up to receive text messages from DEMDACO, you consent to receive automated SMS messages (including text messages) and telephone calls from us, our agents, representatives, affiliates or anyone sending messages or making calls on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. Consent is not a condition of purchase or receipt of services. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. DEMDACO and its agents, representatives, affiliates, or anyone sending messages or making calls on our behalf may use such means of communication described in this section even if you will incur costs to receive such calls or text messages. Message frequency may vary. Message and data rates may apply. In the event that you deactivate your mobile number, it is your responsibility to call DEMDACO at 888.336.3226 to have your number removed. Terms & Conditions are subject to change. The mobile carriers are not liable for delayed or undelivered messages.

To view our privacy policy clicking https://demdaco-transacting-sandbox.mybigcommerce.com/privacy-policy/.

Mobile Messaging Details:

To join, text the advertised keyword such as JOY to 32628 to receive promotional alerts from DEMDACO.

For help, Text HELP to 32628, call 888.336.3226, or email: customersupport@demdaco.com for assistance.

To opt out, Text STOP to 32628.

Links

DEMDACO is not responsible for any outside sites, services or other materials linked to or from this Website, does not necessarily share the opinions of statements residing on links to or from this Website, and disclaims all liability for any injury you may experience by viewing or using such materials.

Colors

We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Product & Pricing Information

Most products displayed on this site are available in select DEMDACO stores and galleries. In some cases, merchandise displayed for sale on this site may not be available at DEMDACO stores. We make all reasonable efforts to provide information on this Website that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information about products, their availability, or their prices that may be inaccurate or incomplete. We reserve the right to correct any such information without prior notice (including after you have submitted your order). The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States.

Product Availability

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service at 888.336.3226. You will receive a shipping confirmation e-mail once your items have shipped.

Order Changes and Cancellations

If you'd like to cancel or change your order, please call 888.336.3226 as soon as possible. We'll do everything we can to accommodate your request. But please bear in mind that our order-fulfillment and shipping systems are designed to get orders on their way quickly and efficiently. Therefore, we cannot change or cancel an order once it has entered the shipping process.

Willow Tree® Graphic Standards for DEMDACO Authorized Retailers

As an authorized retailer with DEMDACO, you are required to apply Willow Tree® brand graphic standards to your retail advertising and marketing materials in both print and electronic media.

By adhering to these standards, you protect and strengthen the Willow Tree brand identity, and provide consumers with assurance that their purchase is an authentic Willow Tree product.

  1. Willow Tree® brand and logos
    1. Willow Tree trademarks, logo and copyrights are the intellectual property of Susan Lordi, the artist and creator of the line. Willow Tree® is registered by the United States Patent and Trademark Office, and products, images and logo are protected by US and International copyright and trademark laws.
    2. The Willow Tree logo consists of the graphic image of a willow tree with the words Willow Tree® across it and the signature of Susan Lordi below it. This is the official logo—it is the only one that should be used by retailers in their marketing activities.
    3. Maintain the logo in its original form. Please do not modify the logo to create a hybrid design that incorporates other images or words such as your store logo. Do not separate the components or alter the size relationship.
    4. The logo is ideally printed in black or a dark brown color. Do not reverse logo to white or print in alternate colors.
    5. The words Willow Tree® can appear in any font when written in a text paragraph or to identify an image. The font used in the logo is a customized Papyrus. Do not create some other type of font identity for the brand if you are promoting the entire line of products.
  2. Authorized Use of Willow Tree® logos and images
    1. As part of our Authorized Dealership Policy, only DEMDACO, DEMDACO Account Executives, Licensed International Distributors, or Retail Dealers may use the Willow Tree trademarks, images or logo on or in connection with web sites, products, packaging, manuals, and promotional/advertising materials when they are promoting the sale of Willow Tree brand product, if used in accordance with these Willow Tree® graphic standards.
    2. As outlined in the DEMDACO Authorized Dealership Policy, it is in violation for retailers to use the words ‘Willow Tree’ …as your retail domain name, or as part of your retail domain name. Do not include the brand name as part of your logo, newsletter masthead, email masthead, retail store or online site. (For example: willowtreeangels.com, willowtreestore.com, Country Accent’s Willow Tree Gift Store.)
    3. The DEMDACO Authorized Dealership Policy can be referenced on DEMDACOretailers.com or by contacting DEMDACO Customer Service.
  3. Unauthorized Use of images and logo (by consumers or organizations)
    1. Do not put Willow Tree images on materials not associated with the sale of the product, such as book covers, fliers, gift bags, brochures and business cards. Do not incorporate Willow Tree logo or images into other business logos, website design or other artwork.
    2. Any requests to use Willow Tree images or logo by private individuals or organizations must be reviewed and approved by Susan Lordi, owner of Willow Tree trademark and copyrights.
  4. Correct Identification of Product Images
    1. Whenever a Willow Tree product image is used for brand promotion or advertising, it should be identified with the Willow Tree® logo or the words Willow Tree® in the descriptive text or headline copy. This pertains to brochures, catalog pages, product sheets, websites, advertisements and emails.
    2. Willow Tree should not be used in possessive form. It is not correct to refer to products as Willow Tree’s Angels. It is correct to say Willow Tree® angels or Willow Tree® figures.
    3. There is no word “the” in the product name. It is not correct to say The Willow Tree® Angels and Figures. It is correct to say Willow Tree® angels and figures.
    4. Do not shorten or abbreviate Willow Tree product names. For example, Angel of the Heart, not Angel of Heart. Angel of the Kitchen, not Kitchen Angel.
  5. 4. Use of Trademark Symbol (®)
    1. Willow Tree® is registered by the United States Patent and Trademark Office by artist Susan Lordi.
    2. Whenever the logo or words “Willow Tree” are used (regardless of typestyle), they should be accompanied by ®. The words Willow Tree are typically written with upper and lower case letters.
    3. The symbol is placed immediately after the words Willow Tree, either in superscript or in line with the words. If you don't have the appropriate symbol keys in your word processing software, then you may use the symbol in parenthetical form [i.e., (R)].
    4. The ® should always be used in a headline. If the words Willow Tree are used repeatedly in a paragraph about the product (as in an article or interview), the ® should be used on the first reference on the page. It is not needed on subsequent references in the text or body copy.
  6. Accurate Brand Description
    1. Each Willow Tree product is created by Susan Lordi, and licensed to DEMDACO for manufacture, distribution and marketing. When referencing the Willow Tree brand, it is important to reflect this relationship in your description.
    2. Willow Tree® sculptures are by Susan Lordi, and from DEMDACO
    3. DEMDACO is always spelled in all capital letters.
    4. The brand can be described correctly in many ways, as follows:
      1. Willow Tree® sculptures by Susan Lordi.
      2. Artist Susan Lordi’s Willow Tree® figures are sculpted and carved by hand, then cast in resin.
      3. Each Willow Tree® piece is cast from artist Susan Lordi’s original carving and then painted by hand.
      4. Susan Lordi’s Willow Tree® sculptures from DEMDACO
      5. Artist Susan Lordi hand carves each original piece, capturing natural expression and emotion in each gesture.
      6. A gift of Willow Tree® communicates beyond words.

Thank you for adhering to these guidelines. Consistent graphics will help strengthen the Willow Tree brand, improve customer recognition and ultimately, increase sales.

If you have any questions regarding Willow Tree® Graphic Standards, we would be happy to answer them. Please contact:

DEMDACO
Attention: Sales & Marketing
5000 W. 134th Street
Leawood, KS 66209

Phone: 913.402.6800
Toll-free: 888.336.3226
Fax: 913.685.8326

Authorized DEMDACO / Willow Tree Reseller Policy

To qualify as and remain as a DEMDACO, Authorized Retailer you must adhere to this Authorized Retailer Policy at all times.

1. Maintain Current Business Information and Disclose All Locations That Carry DEMDACO product

Maintain accurate and up-to-date company information and disclose all retail locations and websites that carry DEMDACO and Willow Tree products throughout the term of your Retailer relationship with DEMDACO.

Qualifying retail locations can only be one of the following: your physical brick and mortar store(s), your commerce-enabled website(s), or any temporary storefronts (events, trade shows, pop up stores, etc.). Any marketing or sales on third-party sites like Amazon, eBay, Sears Marketplace, JET, Google Shopping, Rakuten, Wal-Mart Marketplace, Ali-Baba, Ali-Express, and Taobao are strictly forbidden unless DEMDACO has a signed Online Marketplace Retailer Agreement with your company.

2. DEMDACO® and Willow Tree® Trademarks & Brand Policy

Retailer must comply with DEMDACO and Willow Tree Trademark & Brand Policy and represent yourself as an Authorized Retailer in all online advertising and sales collateral.

Setting up businesses, registering domain names, or using social media usernames that contain the DEMDACO AND/OR WILLOW TREE name or any of DEMDACO or Willow Tree trademarks is strictly prohibited. To ensure compliance with DEMDACO’s Authorized Retailer Policy, you must only use approved marketing materials for all DEMDACO AND WILLOW TREE products which are provide by your sales representative or DEMDACO customer support.

3. Trademarks and Logos for Products, Names, Apps and Websites

Retailer must not use the DEMDACO and Willow Tree Marks in a way that implies partnership, sponsorship, affiliation or endorsement with DEMDACO. You must:

  1. Avoid trademarks, company names, product or feature names, domain names, or social media handles that are confusingly similar to the DEMDACO’s Marks.
  2. Do not use or display the DEMDACO and Willow Tree word marks more prominently than your company, product, or service name.
  3. Do not alter the DEMDACO or Willow Tree Marks. These trademarks are proper names, and should be capitalized accordingly.
  4. Do not use, copy, alter or imitate DEMDACO and Willow Tree logos, trade dress, color scheme, website, products, packaging, icons, marketing materials or photographs.
  5. All uses of the DEMDACO and Willow Tree Marks must be truthful and accurate, and not likely to cause confusion as to source, affiliation or association.
4. DEMDACO’s MAP POLICY

Retailer must understand their obligations under DEMDACO® MAP Policy and abide by them. DEMDACO does not, and never will, seek any agreement from an Authorized Retailer that sets minimum resale prices. In accordance with applicable legal rules, we do advise DEMDACO® Retailers that in accordance with our internal, unilateral policy, DEMDACO does not deal with Retailers that sell the DEMDACO or Willow Tree® line at retail prices below the Suggested Retail Price (SRP) which portrays keystone pricing (or twice the wholesale price). Where retailers decide to market our DEMDACO and Willow Tree® line in a manner that is inconsistent with our retail policy, we may exercise our right not to make further sales to that account. When such decisions are made, they are not subject to any negotiation or modification. Please note that no DEMDACO Account Executive is authorized to discuss or comment on any aspect of this policy or any decision made in connection with this policy.

5. Sell to Retail Consumers Only

Retailer may not sell or transfer products in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers, third-party websites like Amazon, bulk purchasers or other Retailers or any other entity, that Retailer knows or should know has intent to resell the Products. Retailer may only sell to persons that are end users of the products.

6. Only Purchase DEMDACO and Willow Tree Products Directly from DEMDACO

Retailer must not buy DEMDACO and Willow Tree products from other retailers, or from other sources not explicitly endorsed by DEMDACO.

7. Only Sell DEMDACO and Willow Tree Products in Original Packaging

Retailer may not alter original DEMDACO packaging in any way prior to reselling DEMDACO and Willow Tree Products. Removing DEMDACO and Willow Tree Products from packaging, altering or changing UPC codes, changing or removing expiration dates, altering trademarks, removal or altering of serial numbers, tracking codes, or any other identifying information and reselling DEMDACO and Willow Tree Products in any condition other than sold by DEMDACO is strictly prohibited.

8. No Comingling Of Products

Retailer may not sell to websites like Amazon, Wal-Mart Marketplace or any other third-party seller or website or allow DEMDACO and Willow Tree products to be comingled with any other products, including DEMDACO and Willow Tree authorized products from other authorized DEMDACO sellers.

9. No Bundling DEMDACO and Willow Tree Products without Obtaining Permission

Retailer must not re-SKU or bundle DEMDACO products in your online assortments and data feeds without receiving prior written permission from DEMDACO.

10. Bulk Sales Customer Confusion

Retailer will not advertise, market, display or demonstrate non-DEMDACO products together with DEMDACO and Willow Tree products in a manner that would create the impression that DEMDACO’s products are made by, endorsed by or associated with another supplier.

11. Sell on Approved Retail Website(s) Only

Retailer must only take orders via publicly accessible, e-commerce enabled web pages hosted on approved websites owned and operated by your company.

Selling on third-party sites (eBay, Amazon, Alibaba, Wal-Mart, Sears, JET, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or through direct messages on forums, or through Social Media Accounts like (Facebook, Twitter, Instagram, etc.) is strictly prohibited.

12. Provide Quality Customer Service

Retailer and Retailer’s sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise end-user customers on the selection and safe use of the Products, as well as any applicable return policy. Retailer must provide customer service solutions promptly that will respond to customer questions and concerns both before and after sale of the Products. Retailer and Retailer’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of DEMDACO. Retailer agrees to cooperate fully with DEMDACO in any investigation or evaluation of such matters.

13. Product Care, Quality Controls & Material Differences

Product Storage and Handling: Products delivered to and under the care of the Retailer shall be stored in a safe manner that protects the DEMDACO and Willow Tree products, and brand reputation by storing them in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional DEMDACO storage guidelines that may be specified by the DEMDACO from time to time.

Product Inspections. Retailer upon receipt of the Products shall inspect the Products received by the DEMDACO for damage, defect, or other nonconformance (collectively, “Defects”). If the products are damaged or defective Retailer must not offer the Products for sale. Retailer shall report the defect immediately to the DEMDACO at support@demdaco.com.

Recall of Products. The DEMDACO reserves the right to recall Products that are defective or a risk to the consumers safety. Retailer shall cooperate with any and all safety information dissemination programs, or Recall efforts of the DEMDACO. Once a recall has been announced the Retailer must not offer the Product for sale, and must promptly report the defect to the DEMDACO at support@demdaco.com

Product Warranties & Guarantees The DEMDACO provides a Product warranty that includes a 100% satisfaction guarantee that Retailer must familiarize themselves with and honor according to the DEMDACO and Willow Tree offerings and policies.

14. Ensure PCI Compliance

Retailer must ensure PCI (payment card industry) compliance for all approved commerce- enabled websites owned and operated by your company.

15. Maintain Updated Privacy Policy

Retailer must publish and maintain a publicly accessible privacy policy on their website(s)

Failure to comply with all of the terms in DEMDACO’s Authorized Retailer Policy will result in suspension or termination of your account

California Transparency in Supply Chains Act

Vendor Code of Conduct

DD Traders DBA DEMDACO aspires to conduct business proceedings in an ethical manner with full respect for the value of human life.

We expect our vendors and business partners to comply with a firm set of working conditions that represent the values we hold essential when conducting business. We distribute our Vendor Guidelines, which includes our Code of Conduct, to our vendors. DD Traders Code of Conduct represents the basic requirements regarding these working conditions and ethics that must be followed by all business partners including manufacturers, contractors, subcontractors, and suppliers when engaging in business with DD Traders or any corporation represented by DD Traders.

This includes provisions that explicitly prohibit the use of any forced, compulsory, or involuntary labor, and outlines policies requiring our vendors to follow all applicable laws and regulations.

Monitoring of Vendor Compliance

DD Traders has a verification program conducted by a third-party company to perform semi-announced social compliance audits of select vendors.

Internal Corporate Practices

DD Traders requires our merchandisers and other staff interfacing with our vendor base to understand, follow, and promote the policies within our Code of Conduct and to take this into consideration when selecting the vendors we do business with.

With the assistance of a recognized third-party company, we have also developed related training materials for our teams that interface with our vendor base.

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The California Transparency in Supply Chains Act of 2010 (SB 657) requires many retailers, distributors, and manufacturers doing business in the State of California to provide information regarding their efforts to eradicate slavery and human trafficking in their supply chains.

Disclaimer

This Website and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that neither DEMDACO nor any of its employees, directors, officers, agents or affiliates shall be liable for any damages or injury of any kind, including but not limited to direct, indirect, incidental, extraordinary, exemplary, punitive and/or consequential damages related to, accompanying or resulting from your use or inability to use this site. These include, but are not limited to, damages or injury caused by any use of (or inability to use) this Website or any site to which you hyperlink from your Website, failure of performance, error, omission, inaccuracy, interruption, defect, delay in operation or transmission, computer virus, or line failure.

Without limiting the foregoing, DEMDACO does not represent or warrant that the information on this Website is accurate, complete, reliable, useful, timely or current or that this Website will operate without interruption, without error or without defects, bugs, viruses, or other harmful components.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on or associated with this Website.

Indemnification

You agree to defend, indemnify and hold DEMDACO harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site, including, without limitation, your use of this Website in violation of these Terms of Use.

General

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Kansas, without regard to any conflict of law provisions. Any action or proceeding arising out of or related to the Terms of Use, our Privacy and Security policy, or your use of this Website must be brought in the state of federal courts of Kansas and you consent to the exclusive personal jurisdiction of such courts.

Please review the above terms and conditions (‘Terms of Use’) and our other policies that govern your visit to our Site and your use and purchase of products from this Website (collectively, ‘Use’). Your Use of this Website constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. DEMDACO reserves the right, at any time, to modify, alter or update this Website, policies and these Terms of Use.

The website is operated by DEMDACO. All inquiries may be directed to:

Mail: DEMDACO
5000 W. 134th Street
Leawood, KS 66209

E-Mail: customercare@demdaco.com
Phone: 888.336.3226
Fax: 913.814.0681

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