Getting a refund for my OS

[Dunrobin]

So who should I sue. I need a good basis for going for them. None of them are giving any ground. They're slipery bastards

I am curious as to just what basis you think that you have for suing anyone in the first place. Did you not know that the computer you were purchasing had an OS pre-installed on it?

If you had purchased a computer that was advertised as having "No OS" and then later discovered that it did have an OS and in fact you paid extra because of it, you would have grounds for fraud, but that certainly doesn't appear to be the case. I don't think you have any reasonable grounds for a lawsuit, not that seems to matter much anymore.

[gn2]

In the EULA it states that if you cannot get a refund from the supplier, then you should contact Microsoft direct.

By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund
there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s
refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800)
MICROSOFT or see www.microsoft.com/info/nareturns.htm.

http://download.microsoft.com/docume...9cf5105718.pdf

[aysiu]

If the EULA gives you the legal right to not accept its terms and gives you the right to receive a refund from the OEM who sold you the license, then you do, in fact, have a legal right to demand a refund from the OEM.

Does the OEM have to make the process easy for you? Absolutely not, and they will not either, based on what I've read about refunds of this type (yes, even the successful ones).

If you want to sue them, I can guarantee your legal fees will be far more than the cost of the OEM license you're trying to get a refund on. If you really want a refund, politely ask for one in a letter and cite the appropriate lines in the EULA that provide for a refund. If HP doesn't comply, you can escalate the request to the Trading Standards.

I have to say, though, that I agree with others who say "If you don't want something, don't buy it." It's a lot easier to buy a non-Windows computer than to buy a Windows computer and try to return the Windows license. Not only that, but buying a no-OS or Linux-preinstalled computer sends the message to OEMs that there is a demand for non-Windows computers and that non-Windows computers can be profitable for them.

For all they know, you're just trying to get some money from them and then install a pirated version of Windows... or even just keep the installed version and just return the disk to them.

[steeleyuk]

Funnily enough...

[fiddledd]

It seems that in the USA everybody sues everybody else, which is a neat trick if you think about it. This wouldn't concern me in the slightest, except for some strange reason, here in the UK, we seem to imitate the Americans. It's like we no longer have an original idea, we have to copy America.
As an example, my Son was driving his car and his girlfriend was a passenger, and he had an accident. Her first thought was "How much can I get out of this". In fact she claimed off my son's insurance, encouraged to do so by his insurance company. As I said, the culture seems to have spread to the UK.

Before I get flamed, I have no experience of America apart from what I read, see, and hear. If I have been misinformed by the Media, blame them, not me.

[gn2]

If you want to sue them, I can guarantee your legal fees will be far more than the cost of the OEM license you're trying to get a refund on.

Not in the UK.

You can go to the small claims court for free without even going there in person or ever speaking to a lawyer.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

But you might have to pay fees later if you lose......

[aysiu]

Not in the UK.

You can go to the small claims court for free without even going there in person or ever speaking to a lawyer.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

But you might have to pay fees later if you lose......

Okay. That's good to know, I guess.

Nevertheless, the time and energy involved in pursuing the case in court will probably not be worth the cost of the license, right?

[Vivaldi Gloria]

I'm not familiar with the EULA, so I cannot comment on whether what you say is accurate or not. For me, the point is, just because there is a legal loophole to go after something (assuming that is the case) does not make it right to do so.

You are entering dodgy areas when you start talking about moral rights. What's moral to you may not be moral to someone else. That's why we have laws.

I believe on the contrary to you that the customer has every moral right to return the OS as it's the very essence of the freedom of choice. I like the laptop but why should I pay for the OS if I'm not going to use it and if there is an option to but the laptop without the OS (i.e. by returning the OS).

For all the time and effort it will take on the individual's part, in the end, will it be worth the small amount that the refund will be? Will it have been worth the legal fees and tax dollars?

Not everything is about money. Freedom means more to some people than 200$. I applaud destructaball for taking the moral highground here. How can these big company's think that the laws don't apply to them and just ignore the EULA when they don't like it?

Why would you intentionally buy something that you don't want, then try to get reimbursed for it?

Because it's his legal right. Why is it so unconceivable to you that customer's have legal rights?

I bought a radio and a stapler and returned the stapler a day after. It's my right to do so! Why is his right to return the OS any different?

There are system manufacturers that use Linux distros, so why intentionally buy from someone who uses an OS you don't want, then waste a bunch of time and money to get a few bucks back?

That's the whole point. If the legal system worked as it should then he wouldn't have lost any time or money to refund the XP. That's why people should try to exercise their freedoms. After all, they are what differentiates us from slaves.

You keep talking about "a few bucks". Sorry pal, but my I won't sell my freedom for a few bucks.

Whatever legal loopholes make it valid to do have nothing to do with whether it makes an common sense.

Loophole? What loophole? There is a genuine consumer right to return windows and the ***** companies are making us harder to exercise our rights. Why are you on their sides when the laws and reason are on the consumers?

[gn2]

Nevertheless, the time and energy involved in pursuing the case in court will probably not be worth the cost of the license, right?

Completely agree, just not worth the hassle.

I am in the same position as the OP, just bought a new Asus laptop with Vista installed, if I can't get any refund direct from Asus or Microsoft, I will just keep the Vista license in case I ever want to sell it in a few years time.

[tamoneya]

http://gizmodo.com/5027302/how-to-ge...packaged-vista