FREE DIFFUSER PROMOTION TERMS & CONDITIONS
1. General
KERCHER (“KERCHER”) is offering a free wireless diffuser (“Mini Pro”) when you subscribe to a monthly fragrance subscription for 12 months (the “Offer”). There is a limit of 1 free KERCHER diffuser devices per order. KERCHER is under no obligation to make this Offer available at all times. However, if the Offer is available and you take advantage of the Offer, such Offer is subject to these Free Diffuser Terms and Conditions (the “Offer Terms”) as well as the KERCHER Terms & Conditions, located at https://www.joshkercher.com/terms (“Terms & Conditions”). To the extent that these Offer Terms conflict with the Terms & Conditions, these Offer Terms will control solely with respect to the Offer.
2. Eligibility
To be eligible for the Offer, you must subscribe to any diffuser fragrance (“Subscription”) and maintain the Subscription for a period of at least 12 months. You may change the fragrance size of your Subscription at any point within the 12 month term between either 120ml or 500ml.
3. Pricing
As part of your Subscription, the minimum price-per-fragrance on a fragrance subscription as part of the Offer is currently $85.50 Plus Tax and Shipping, so your monthly minimum charge would be $85.50 Plus Tax and Shipping. The minimum total cost of fragrances for the 12 month subscription term is $1,026.00 Plus Tax and Shipping. KERCHER reserves the right to determine pricing for fragrances, and therefore minimum price-per-fragrance may go up in the future.
4. Subscription
All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Offer Terms. Your Subscription will renew automatically on a monthly basis and continue until you cancel after the 12 month term. The “Subscription Billing Date” is the date when you first purchase your Subscription. Your Subscription will begin on the Subscription Billing Date and continue for 12 months (“Initial Subscription Period”), and will automatically renew for successive 1-month periods (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription or KERCHER terminates it. If you activate a Subscription, then you authorize KERCHER or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription for all applicable fees and taxes for the next Subscription Period. KERCHER or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account.
5. Cancellation
Customers may request a cancellation after completing twelve separate fragrance oil subscription billings. However, should a customer elect to terminate their subscription before the expiration of the aforementioned 365-day period, they shall be liable for an early termination fee of $290.00. Any outstanding fragrance fees dispatched before the cancellation shall remain the customer’s obligation. To be deemed eligible for a refund, the fragrance must remain unopened, and free from damage.
6. Early cancellation
In the event of Subscription cancellation after the initial 365-day period but preceding the acquisition of the minimum 12 fragrance bottles through 12 consecutive monthly payments made punctually, an early termination fee of $290.00 shall be levied. It is pertinent to note that a paused subscription account does not contribute towards meeting the promotional requirements. Subscribers retain the right to cancel or amend their Subscription without additional charges or commitments subsequent to purchasing at least 12 fragrance bottles from their Subscription.
7. How to Cancel
You must cancel your Subscription 5 days before it renews in order to avoid billing of the next periodic Subscription Fee to your account. You may cancel the Subscription by emailing info@joshkercher.com. YOUR CANCELLATION MUST BE RECEIVED 5 DAYS BEFORE THE RENEWAL DATE IN ORDER TO AVOID A CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
8. Delinquent Accounts
KERCHER may suspend or terminate a Subscription for any account for which any amount is due but unpaid. In addition to the amount due for a Subscription, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then KERCHER reserves the right to not ship you fragrances until your payment method is valid or delete your account and any information associated with your account without any liability to you.
9. Offer Modification and Termination
KERCHER reserves the right, in its sole discretion, to modify, suspend, or terminate all or part of this Offer. Any Subscriptions in effect at the time the Offer is modified, suspended, or terminated will be subject to the terms and conditions in effect at the time the Subscription was purchased.