Henkel Employee Store Terms and Conditions

Henkel is pleased to provide US-based non-union employees access to the Henkel Employee Store website, located at employee.salonory.com or any successor link (provided here for convenience only) (the “Site”). By using the Site, you agree to be bound by these Employee Store Terms and Conditions (the “Employee Store Terms”) set forth below. These Employee Store Terms supplement and are subject to all of Henkel’s employee policies, including (without limitation) Henkel’s Employee Handbook and [Acceptable Use Policy] (collectively, “Other Policies”). These Employee Store Terms also supplement any other contract(s) or agreement(s) Employees have entered with Henkel, such as any agreement to arbitration (collectively, “Other Agreements”). By accessing or using the Site, Employees acknowledge that their access to and use of the Site (including any purchase of Products) remain subject to all Other Policies and Other Agreements in addition to these Employee Store Terms. To the extent any matter is not addressed in these Employee Store Terms, the Other Policies, or the Other Agreements, by accessing or using the Site, you agree to be bound by Henkel’s Terms of Use.

1. 1. Access and Registration:
      1. Access:
         1. Access to the Site is limited to active full-time and part-time non-union employees of Henkel and its participating US business units (including temporary and seasonal employees, or employees while on Henkel-approved leave(s) of absence) in the United States who (a) have verified their employment status through registration and authentication through the Site, and (b) are at least 18 years of age (“Employees”). Access to the Site is not available to interns, volunteers, independent contractors, or other workers who are not full-time or part-time employees in the United States without specific authorization in each instance from Henkel.
         2. All products available for purchase through the Site (“Products”) may be accessed and purchased exclusively for the purchasing Employee’s personal non-commercial and non-resale use.
         3. All other access or use of the Site is strictly prohibited. You represent and warrant that you will not use, or permit any third party to use, your employee account or credentials to purchase Products through Site in connection with any resale or commercial use (such as supplying any service business owned or operated by you or a third party) of such Products. We reserve the right to monitor your account to enforce this restriction, including, without limitation, to monitor and/or limit purchases made through your account.
   2. Rewards, Promotions:
      1. Rewards Program: – If eligible, and after completing registration and enrollment, you may and earn pionts on eligible products you purchase through the Site, subject to applicable terms and conditions, which are available at hhtps://salonory.com/en_US/pro-rewards-terms.
      2. Participation in Promotions :
         1. You may also participate in sales or other promotions offered through the Site from time to time. All stated promotion details and restrictions apply. Products and promotions are offered WHILE SUPPLIES LAST and may be added or deleted at any time.
         2. For clarity, Henkel employees are not eligible to participate in (i) promotions for Products that are not approved for sale to non-licensed professionals in the applicable jurisdiction; and (ii) promotions and/or sweepstakes restricted by their terms or otherwise by Henkel to nonemployee customers.
   3. Products and Pricing
      1. Product Descriptions: Henkel attempts to be as accurate as possible in descriptions and information provided to You through the Site. However, Henkel does not warrant that Product descriptions are accurate, complete, reliable, current, or error-free, or that any particular Product will achieve any result of any kind.
      2. Specific Disclaimer - Beauty and Household Products: The use and selection of cosmetic, personal, health, and household Products requires care to be certain that any directions and warnings provided therewith are observed and followed. You are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings, and by purchasing Products you acknowledge and accept the risk that some people may have allergic or other reactions to the Products. In providing information or advice on this Site with respect to Products, whether in Product descriptions or otherwise, we may rely upon advice from third-parties, including but not limited to, licensed beauticians, or other Product purchasers. All materials and information presented on the Site are intended for informational purposes only. The Products on the Site, including cosmetic Products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
      3. Products requiring a professional license: You may only purchase Products, including select Henkel professional hair care Products, if such Products do not require a professional license in your jurisdiction.
      4. Pricing: All Products shall be priced as displayed on the Site. All applicable Employee discounts, if any, are calculated in the pricing displayed on the Site or at the point of purchase. Pricing on the Site, including any discounts, is determined by Us in Our sole and exclusive discretion. Price and availability information contained on the Site is subject to change without notice. Pricing for Products on the Site may be different from prices offered to non-Employees, or from prices available in retail stores where Henkel products are sold or on Our customer-facing websites. Despite Our best efforts, some Products may be mispriced. If the correct price of a Product is different than the listed Price, we reserve the right to cancel your order (in which case a refund will be issued if your card has already been charged).
      5. Payment: All purchases made through the Site must be made with a valid credit card issued to the Employee through whose account the purchase is made.
   4. Ordering, Shipping, and Returns
      1. Orders: Henkel is not obligated to fulfill any order made through the Site and may refuse any order for any reason in Our sole and exclusive discretion. Verification of order and your information (such as employment status, payment, or shipping information) may be required prior to the acceptance of any order. Your receipt of an order confirmation (such as via email) does not constitute Our acceptance of any order or a confirmation of an offer to sell the corresponding Products. Such receipt also does not constitute a confirmation that the Product is in stock or otherwise available at the price and terms published on the Site or published in any catalog or other Henkel website or advertisement. If Henkel accepts an order made through the Site, We may notify you of an estimated time for shipment.
      2. Shipping Charges: Any shipping and handling charges imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and may not reflect the exact shipping and/or handling cost of the specific order. Applicable taxes and delivery fees will apply.
      3. Returns and Refunds: All return and exchange requests must be submitted to [insert refund point of contact for the Employee Store]. Any refunds for purchased items are provided in accordance with our standard customer Return Policy, including the requirement that you must return the Product within 30 days of receiving your order to be eligible for a refund or exchange. In the event of an authorized return of any Products purchased through the Site, We are not obligated to include a refund of any shipping and handling charges or delivery charges. We shall have the option to refund any amount owing to you by either crediting the credit card used for payment or mailing a check to you at the address shown on the related order.
   5. Account Restriction or Termination
      • Termination or suspension: Your right to access and use the Site (including purchasing Products through the Site) shall automatically terminate upon your suspension or separation from employment with Henkel or upon your violation of these Employee Store Terms, any Other Policy, any Other Agreement, or the Terms of Use, whichever is earlier. Employees who violate the foregoing may be subject to disciplinary action, up to and including termination of employment, consistent with applicable Other Policies and Other Agreements. Henkel reserves the right, in its sole discretion and without prior notice, to restrict access to the Site to any Employee who Henkel believes has violated or is violating any provision of these Employee Store Terms, any Other Policy, any Other Agreement, or the Terms of Use.
      • Henkel Restrictions: Henkel reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to you for any reason, including, without limitation, imposing limitations on quantities available for purchase, due to inaccuracies or errors in Product or pricing information, or problems identified as potential fraud or violation of these Employee Store Terms. We reserve the right to restrict Product purchases through the Site per employee or per order for any reason, and these restrictions may apply, for example, to orders placed under the same Employee account, the same credit card, or that use the same billing and/or shipping address. Your right to use the Site and purchase Products through the same is non-exclusive, limited, and revocable by Us at any time in Our sole discretion without advance notice or liability. As your right to access and use the Site and its content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You are responsible, and Henkel shall have no liability whatsoever, for all use of the Site under your account or otherwise associated with your employee information, whether or not such use is authorized by you.

 

1. Disclaimer of WarrantiesWe strive to accurately describe Our products or services offered on the Site; however, We do not warrant that such specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free and Products may not be available in all areas. For online orders, if available, additional terms may apply.AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SITE, AND ANY MATERIALS OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HENKEL PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.AS PERMITTED BY APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SITE OR FROM ITS OPERATION. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.NOT WITH STANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
2. Limitation of Liability AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL HENKEL PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THE SITE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN OR PRODUCTS PURCHASED THROUGH THE SITE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A HENKEL PARTY’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SITE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID HENKEL IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF HENKEL PRODUCTS THROUGH THE SITE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
3. Arbitration and Dispute Terms
   1. Forum Selection/Jurisdiction: For Employees who are not individual residents of the province of Quebec, Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Site, these Store Terms (collectively, “Dispute”) shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.
   2. Pre-Arbitration Notification: Henkel and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated. The party making a claim — whether you or Henkel — shall send a letter to the other side briefly summarizing the claim and the request for relief. If Henkel is making a claim, the letter shall be sent, via email, to the email address listed in your Henkel Site account, if applicable, or otherwise to the Employee Address on file with Henkel. If no such information exists or if such information is not current, then We have no notification or delay obligations under this Section 11(b). If you are making a claim, the letter shall be sent to Henkel Corporation, One Henkel Way, Rocky Hill, CT 06067 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth herein or permitted by the applicable law. Either you or Henkel however, may seek provisional remedies (such as preliminary injunctive relief (subject to the limitations set forth below) before the expiration of this sixty (60)-day period.
   3. Arbitration of Claims: As permitted by applicable law, and for Employees who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (wwwjamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Store Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware, or, if sought by Henkel, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
   4. Limitation on Injunctive Relief: AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SITE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HENKEL PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HENKEL PARTY.
   5. Governing Law: For users who are not individual residents of the province of Quebec, these Store Terms and any Disputes or other claim brought by you against Henkel or by Henkel against you pursuant to this Section 8, or otherwise related to the Site, its content, or other Henkel products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a selfexecuting basis. You and Henkel agree that We intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 8 can only be amended by mutual agreement. Either party may seek enforcement of this Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   6. Class Action Waiver: As permitted by applicable law, and for users who are not individual residents of the province of Quebec, both you and Henkel waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 121 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
   7. Jury Waiver : AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE STORE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
   8. Small Claims Matters: Notwithstanding the foregoing, either of us may bring a qualifying claim of a Dispute in small claims court, subject to the Class Action Waiver terms set forth above.
   9. Supersede: The provisions of this Section 8 shall supersede any inconsistent provisions of any prior agreement between the parties with regard to Disputes arising in connection with your use of or Products purchased through the Site. This Section 8 shall remain in full force and effect notwithstanding any termination of your use of the Site or these Store Terms.