Kérastase Rewards Loyalty Program Terms & Conditions
KÉRASTASE LOYALTY PROGRAM TERMS AND CONDITIONS
THESE KÉRASTASE LOYALTY PROGRAM TERMS AND CONDITIONS ARE EFFECTIVE AS OF JANUARY 31, 2024
The Kérastase Loyalty Program (“Program”), operated by L’Oréal USA, Inc., is open to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older at the time of registration. Void where prohibited.
Membership in the Program and its benefits are offered at the discretion of Kérastase, a member of the L’Oreal USA family of brands. Kérastase may, at any time, terminate, change, limit, modify or cancel Program or any rules, regulations, benefits, or conditions of participation by posting the modified rules on this page. Your continued participation in the program after such posting will constitute your acceptance. By creating an account and participating in the Program, you hereby agree to these Terms and Conditions, which may be updated from time to time by Kérastase in its sole discretion, and that you meet the eligibility requirements. Changes to the Program or these Terms and Conditions will be communicated via email or on this web page.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST L’ORÉAL USA, INC. ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST L’ORÉAL USA, INC. IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
WHERE TO ENROLL, EARN AND REDEEM PROGRAM REWARDS
Membership in the Program and offers may be redeemed only for purchases made via https://www.kerastase-usa.com/ (the “Site”). Purchases of Kérastase in third-party retailers or other e-retailers are not eligible for the Program.
If you create a new account with Kérastase, you will be enrolled automatically in the Program. You may create an account through https://www.kerastase-usa.com/account. To enroll, you must provide your full name, email address, and create a password. Your enrollment will be confirmed with a welcome message at the email address provided which will include your Program enrollment information.
There are three (3) benefit tiers: Extra, Epic and Icon. You will receive the following program benefits depending on your benefits tier. Benefits associated with your tier may vary from time to time in our sole discretion and more information about the benefits associated with each tier can be found on the Site. Benefits depending on your tier may include:
- Welcome Offer
- A birthday gift
- Anniversary reward
- Free shipping
- Sneak Peaks
- Exclusive Offers
You will receive points for each $1.00 spent on purchases (excluding taxes and shipping) on https://www.kerastase-usa.com/. Kérastase offers and points are based on dollars spent on qualifying Kérastase online purchases or other qualifying behaviors. Point value by Tier as follows:
Extra = 2 points for every $1 spent.
Epic = 4 points for every $1 spent.
Icon = 6 points for every $1 spent.
Points may be redeemed at checkout to receive dollars off your order (i.e. 100 points = $1 off; 200 points = $2 off; 300 points = $3 off).
Kérastase reserves the right to change the number of points awarded for purchases at any time during the Program. Points collected through other methods (e.g., participation in activities on the Site) may vary in value.
Program members start at the Extra tier and will qualify to move from Extra to Epic tier after spending $200.00 and to Icon tier after spending $400.00 or more during the member year. Tier qualification is based on total spend during a single calendar year and you will retain your Tier status through the following calendar year (“Program Period”). You must requalify for your benefit tier every Program Period to maintain your status. If you do not qualify, you will begin the next Program Period at the tier based on current full year activity.
Points are valid and redeemable during a rolling 12-month period from the moment points are credited. After 12 months from earn date, if there has not been any purchase activity, the points will expire and cannot be re-used, transferred, refunded, or redeemed for cash (except where required by law). Rewards offers and points have no cash value, are not legal tender, and do not give rise to any property or other interest whatsoever.
Members must have sufficient account point balance to redeem Program Offers or points. Rewards may be combined with other discounts and promotions but may not be combined when that limitation is expressly stated in the other discount or promotion. Member account spend balances or points cannot be combined with cash or with another member’s account spend balance or points to obtain an offer or points. Kérastase reserves the right to limit the quantities of offers and points redeemed by a single member in a given time period. Offers and points can only be used by the member. In the event you return a purchase for which you had received member account spend credit or points, the return will be deducted from the member account spend balance or points based on the dollar value of the return.
Kérastase may offer limited time offers or may make promotional offers selectively available to members, based on purchase activity, geographic location, program participation, or other factors.
From time to time, Kérastase may also provide members with an opportunity to earn additional account spend credit or offers or points through participation in site activities, features, member-only exclusives, or other Program activations. If you wish to post a review of a product purchased through the Site, whether through points or otherwise, we remind you that whenever you earn account spend credit or points, receive products or other incentives for participation, you must use appropriate words of disclosure, such as “Credit Earned,” “Free Sample Received” or similar words to indicate that you received value from Program.
Kérastase reserves the right, without limitation, to terminate, change, limit, modify or cancel any of the above means of earning, with or without notice.
Unless otherwise stated, member account spend balances and points will be communicated to you via email or accessible by logging on to your account on https://www.kerastase-usa.com/account. Program Offers and points will mature within 48 hours after qualifying purchases have shipped.
NOTICE OF FINANCIAL INCENTIVE
In connection with the Program, we may offer financial incentives and/or price or service differences (“Incentives”) to Program members based on points earned as further described in these Terms and our Notice of Financial Incentives, in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities to earn rewards, such as purchase history, date of birth, participation in Kérastase events, and engagement with Kérastase as described in these Terms (“Program Data”).
Only one Program account may be associated with a single email address. In the event of a dispute over ownership of a membership account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
By enrolling in Program, you agree to provide true, accurate, current, and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any data that is untrue, inaccurate, not current, or incomplete, or if Kérastase, in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete, or that you are in any way abusing your membership in Program, Kérastase reserves the right to suspend, terminate or refuse your participation.
COMMUNICATIONS AND REVIEWING YOUR ACCOUNT INFORMATION
As a member, you will periodically receive emails from Kérastase. You may opt-out of the marketing emails at any time, but transactional, relationship, and operational emails will still be sent to you as it relates to your membership in Program or Kérastase purchases. Examples of these are: Program welcome email, a Program monthly account statement email, purchase confirmation or status emails, or other communications that help us to ensure that your account is monitored.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF KÉRASTASE, L’OREAL USA, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF KÉRASTASE IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
By participating in the Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in Program, use of points or rewards, or agreement to these program terms and conditions. Kérastase is not responsible for requests or correspondence lost or delayed in the mail.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR MEMBERSHIP IN THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AND L’ORÉAL USA, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and L’Oréal USA, Inc. agree that any controversy, claim, action, or dispute between you and L’Oréal USA, Inc., its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Program (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to L’Oréal USA, Inc. by contacting the Kérastase Customer Support at our toll-free number 1-877-254-9949 to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.
Both you and L’Oréal USA, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Right to Bring Small Claims in Court. Instead of arbitration, either you or L’Oréal USA, Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. L’Oréal USA, Inc. will reimburse those fees in an amount up to $10,000. L’Oréal USA, Inc. also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and L’Oréal USA, Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and L’Oréal USA, Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New York. The terms of the Arbitration Agreement provisions shall survive after your relationship with L’Oréal USA, Inc. and/or participation in the Program ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
GENERAL PROGRAM CONDITIONS AND EXCLUSIONS
Kérastase gift cards or e-gift cards purchases are not eligible for earning points.
Kérastase Program and Offers cannot be redeemed for cash at any time (unless required by law).
Rewards Offers are not valid for use towards the purchase of Kérastase gift cards or e-gift cards, charitable items, promotional value sets, sales tax or shipping charges or combined with any other promotions, coupons or program discounts. Rewards Offers may not be applied to previous purchases. Promotion has no cash value. Redemption offers are time-limited or available only in limited quantities.
Member account spend balances may not be combined with another member’s account spend balance, transferred, or sold. Member account spend balances have no cash value and cannot be redeemed for cash at any time. Member account spend balances have no purpose or use other than in exchange for benefits, products or services offered by Kérastase.
Member account spend balances are not valid unless earned in strict compliance with the requirements set forth and intended by Kérastase, and member shall not attempt to earn account spend credit by any means (including without limitation, by using any script, bot, data mine, or other automated means) that only simulates applicable requirements. In the case of a dispute regarding the account spend balance available to any member, Kérastase’s decision will be final. Upon termination of membership for any reason, all account spend credit will be forfeited and Kérastase will not provide cash equivalent for rewards or account spend balances.
Kérastase is not responsible for problems related to any of the equipment or programming associated with or utilized by the member; any human error; any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason. This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations.
If you have questions about your enrollment, these Terms and Conditions, Member account spend balance or offers, please contact Kérastase Customer Support at our toll-free number 1-877-254-9949.