- The Concept Tiles Price Guarantee offer is made, subject to these terms and conditions, by each participating Concept Tiles Licensee (‘Relevant Licensee’) which sells ceramic tiles (‘Relevant Product’) to a person (‘Customer’) during the period commencing 1st November 2008 and ending on the first to occur of 30th November 2009 or such earlier date as Tile Factory Wholesale Pty Ltd trading as Concept Tiles may determine (the ‘Term’).
- If, within thirty (30) days after the purchase by the Customer of the Relevant Product from the Relevant Licensee (‘Relevant Purchase’), the Customer delivers to the Relevant Licensee a copy of an advertisement broadcast on commercial radio, telecast on commercial television or published in a daily newspaper (other than in the classified section) by a local competitor of the Relevant Licensee (‘Competitor’) within thirty (30) days after the Relevant Purchase, by which the Competitor offered the unconditional sale and immediate delivery to the public of a product identical to the Relevant Product (‘Competitor Product’), during the Term, for an unconditional advertised cash price (‘Competitor Price’), which is less than the price paid by the Customer to the Relevant Licensee for the Relevant Product after all allowances, rebates and discounts (‘Concept Tiles Licensee Price’), then the Relevant Licensee will pay the Customer an amount equivalent to 110% of the Difference between the Competitor Price and the Concept Tile Licensee Price.
- The Customer cannot accept the Concept Tiles Price Guarantee Offer:
- more than once in relation to a Relevant Purchase; or
- if the Competitor Price is conditional, or a price determined after the allowance of any amount for, or is part of a promotion involving, financing, installation, delivery, rebates, cash back offer, free bonus offer, trade discount, stock clearance or any limited quantity promotion; or
- if the Customer cannot prove to the reasonable satisfaction of the Relevant Licensee that the Competitor could, on the date of the Relevant Purchase, supply the Competitor Product to the Relevant Licensee out of stock on hand of the Competitor at the retail premises of the Competitor.
