"If you can find an Identical Car for less at a Dealer Competitor within 5 days, we will refund the Price Difference."
Nothing in these terms and conditions will affect or limit the statutory rights of the Customer.
1. Definitions In these terms, unless the context requires otherwise, the following definitions apply:-
1.1 Customer is the purchaser of the Vehicle named on the Order form.
1.2 Company means Pinetree Car Supertore or any subsidiary of the same as defined by section 1159 of the Companies Act 2006 and as identifiable as the Seller on the Order.
1.3 Day or Days means any day including a Saturday or Sunday or Bank Holiday (as defined in the Banking and Financial Dealings Act 1971). For the purpose of the Pinetree Car Superstore Customer Promise, the first day of the five Day period shall be inclusive of the day the Customer places the Order with Pinetree Car Superstore
1.4 Identical Car is a vehicle on general retail sale at a Competitor Dealer which matches the Vehicle on a Like-for-Like Basis pursuant to the Order. For the avoidance of doubt, a vehicle includes but is not limited to a passenger car or light commercial van.
1.5 Identical Van shall have the same meaning as Identical Car and 1.5 for the purposes of these terms and conditions.
1.6 Like-for-Like Basis means a car or van of the same make, model, specification, model year, registration plate year, offer, any applicable vehicle manufacturer approved used scheme or status, with a minimum of 6 months MOT (where applicable), having a verified mileage within 2000 miles of the Vehicle, available for sale and capable of being purchased without costs additional to the advertised price, at a Competitor Dealer within the Radius.
1.7 Order means the order set out on the Pinetree Car Superstore order form for the purchase of a Vehicle under which the Customer has paid a minimum deposit of £100 in cleared funds, Order shall refer to the price of that vehicle advertised on www.pinetreecarsuperstore.co.uk.
1.8 Radius means 40 miles from the Pinetree Car Superstore
1.9 Price Difference means the difference in Price displayed on the Order and the Price of the Identical Car.
1.10 Price shall mean the publicly displayed and advertised retail price of a Vehicle inclusive of VAT available to all customers, excluding any sale prices, discounted prices, reduced prices available in connection with any available promotional offers or prices which arise as a result of an administration, receivership, liquidation, insolvency or possible insolvency, bankruptcy, winding up or other similar event.
1.11 Vehicle is a privately owned used passenger car or van purchased from Pinetree Car Superstore pursuant to the Order.
2. Terms and Conditions
2.1 Pinetree Car Superstore will at its discretion either refund the Price Difference, or reduce the Order by the Price Difference, provided that the Customer can demonstrate by the Provision of a genuine written invoice or quotation from a Competitor Dealer that an Identical Car is available at a lesser Price on a Like for Like Basis within 5 Days from the Customer placing the Order with Pinetre Car Superstore.
2.2 The Customer is entitled to claim the Price Difference only if his claim under the Pinetree Car Superstore Customer Promise is submitted in writing to Pinetree Car Superstore within 5 Days of the Customer placing his Order.
2.3 The Company reserves the right to vary the terms and conditions of the Pinetree Car Superstore Customer Promise at any time. In the event of any dispute as to the interpretation of these terms and conditions, the application of the same or otherwise, the decision of Pinetree Car Superstore shall be final.
2.4 Save for the Price Difference, the Company and/or Pinetree Car Superstore shall not be liable for any claims, demands, damages, expenses or costs (including, without limitation, legal costs) incurred or made against it howsoever arising, whether directly or indirectly from the Pinetre Car Superstore Customer Promise.
2.5 Any refund made to the Customer as a result of a claim made under the Pinetree Car Superstore Customer Promise shall be paid in £ pounds sterling via an electronic transfer to the Customers designated bank account or via cheque, within 30 Days of a Pinetree Car Superstore Customer Promise claim being received and approved by Pinetree Car Superstore.
2.6 In the event of any conflict between these terms and conditions and those contained on the Order, the terms and conditions on the Order shall prevail.
2.7 A person who is not a party to the Pinetree Car Superstore Customer Promise shall not have any rights under or in connection with it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
2.8 The Pinetree Car Superstore Customer Promise is governed by the laws of England and Wales