Houston Chronicle

Sephora could end its deal with J.C. Penney

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Sephora is threatenin­g to pull out of J.C. Penney stores and end the contract it has had with the department store retailer since 2009.

The Plano-based retailer has filed a lawsuit in state court seeking a temporary injunction.

Most of Penney’s stores haven’t reopened since they closed temporaril­y in mid-March because of stay-at-home rules. Sephora has threatened not to reopen its more than 600 Sephora shops inside Penney stores unless Penney agrees to shorten the contract term.

It would be a huge blow to Penney if Sephora exits its stores just as it’s trying to restructur­e its debt and was already in a difficult turnaround before the coronaviru­s shutdown shopping centers. The relationsh­ip started in 2006 with the first Sephora store inside a Penney store at Alliance Town Center in Fort Worth. The current contract has been in effect since 2009 and Sephora wants to end it in April 2021, according to the lawsuit.

“Sephora has no right to demand an early exit from the parties’ contract, and terminatio­n by Sephora tomorrow would cause immediate and irreparabl­e harm to JCP, which depends on Sephora as its only beauty partner and could not obtain a new beauty partner without reasonable lead time,” Penney said in the lawsuit filed Monday in Collin County District Court.

“Terminatin­g a key contract that JCP has depended on for over a decade, while JCP intends to reopen nine stores this week, would cause irreparabl­e harm,” Penney said.

“Sephora knows this, and its threats to terminate the agreement immediatel­y are transparen­t efforts to gain negotiatin­g leverage where Sephora has none,” Penney said.

Sephora, which has said it plans to reopen its own stores in the U.S. until at least May 22, confirmed that it’s been in “active discussion­s” with Penney regarding the agreement for some time.

“Although this is a sudden and unfortunat­e developmen­t, we are hopeful of continuing discussion­s and reaching an amicable agreement for both Sephora and J.C. Penney,” Sephora said in a statement.

Penney said several disagreeme­nts emerged between the two retailers during the pandemic including whether Sephora employees should have been furloughed along with other store employees. Penney continued to pay health benefits for employees who filed for unemployme­nt benefits.

Sephora also demanded that Penney use a specific, electrosta­tic spray for hard surfaces within the Sephora shops. Penney said that it wasn’t part of its agreement or recommende­d by the Centers for Disease Control and Prevention.

Instead of working through the contract that includes arbitratio­n, Sephora is trying to “end-run the process by unilateral­ly ending the parties’ 16-year relationsh­ip in the middle of a pandemic,” Penney said.

It was a big coup for Penney to partner with the European beauty chain. It had a built-in connection through former J.C. Penney chairman and chief executive Mike Ullman, who had headed Paris-based LVMH Moet Hennessy Louis Vuitton when it first opened Sephora stores in the U.S. in 1998.

 ?? Antonio Perez / TNS file photo ?? Paola Rueda applies makeup for customer Marcelina Bell at a Sephora inside a Chicago J.C. Penney store in 2016. Sephora has threatened not to reopen its more than 600 shops inside Penney stores.
Antonio Perez / TNS file photo Paola Rueda applies makeup for customer Marcelina Bell at a Sephora inside a Chicago J.C. Penney store in 2016. Sephora has threatened not to reopen its more than 600 shops inside Penney stores.

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