Refund for pre-installed OEM Windows - create a precedent?

Greetings, dear Habrasoobschestvo.

I propose to create a precedent for a refund for a pre-installed Windows OS, and when buying from an online store. Ready to be experimental hamster, I need your help and support.

Preamble

The situation is this: I purchased a Lenovo Thinkpad x120e netbook based on the E-350 in the online store you2you.ru. Brought me his courier. The netbook was turned on for checking the hardware, reached the screen with the texts of two licensing agreements - MS and Lenovo, I did not accept these agreements and turned it off. It is important to mention - that I want to buy a netbook without an OS, I have repeatedly told managers and store employees, starting with the first call, when the order was made. I also took care of sending the letter marked “for a lawyer” to the e-mail of the online store with the following content:

> Good afternoon.
>
> July 27, I made an order in the online store, order number 10005. Delivery date - July 30.
> This is a Lenovo Thinkpad x120e netbook (option with processor code E-350).
> It is preinstalled with Windows 7 Professional, OEM version.
>
> In accordance with the license agreement of Windows 7 Pro OEM, as well as with ZOZPP, I have the right to refuse the pre-installed OEM version of the OS, with a refund in the amount of its value, or with a proportional reduction in price. Although this has nothing to do with the matter, I have several good reasons for such a failure, in particular, the use of an alternative OS (Linux distribution), and the lack of sufficient space on my SSD disk, which will be installed instead of the regular one, for Win7 Pro.
>
> I have not received the order yet, but I would like to resolve this issue as early as possible - technically, you can resolve this issue with a courier - return all documents related to the OS, disks to him, format the hard disk in his presence (after verifying the computer’s performance) and remove the sticker from the case.
>
> I hope for understanding and cooperation.
> Regards,
> Full name

I was told that the letter was forwarded to the lawyer:

There was no response from the lawyer, which is not surprising. What is the point of correspondence with a client who wants to exercise their right and thereby creates problems and loss to the seller? Let him first buy, and then we will understand. When communicating with the courier and representatives of the online store on the phone, it turned out that the first case in their practice, and the procedure for it is not provided. More precisely, supposedly there is a very tricky scheme, which includes ordering a piece of hardware to Lenovo, which will take care of removing the sticker and formatting the disk - for obvious reasons, I do not fit into this scheme. Please note - the cost of the OEM version of Win7 Pro, listed on the Lenovo website, is 3000r - a significant amount for me personally. Considering that I am going to use the Archlinux netbook I bought - not to try to return it is equivalent to burning three thousandths of paper with a cigarette lighter. Stupid, isn't it?

Total we have with a goose: the online store refused to meet, but you can try to defend their rights.
')

The main idea of ​​this topic

According to the information I found on the Internet, I have absolutely every right to demand money for an unused OEM version of the OS. Examples of "found information":

www.it-legal.ru/forum/index.php?showtopic=28
brochure "Return of money for a pre-installed operating system", the author Protasov, pdf
The refund policy for OEM Windows on the Lenovo website - such regulations were developed by ASUS, Lenovo, Samsung and other manufacturers under FAS pressure, as far as I know. Amused postscript about the fact that M-Video does not support this program. Sorry, we do not provide services for the execution of the legislation of the Russian Federation, ha ha.

The main problem is that I do not imagine now the procedure and therefore I ask for help from the legally competent part of the community . I am ready to act and go to the end, write statements to the organization (FAS, Rospotrebnadzor, etc.), send documents by mail, arrange for the netbook to be delivered to the seller, wait for the necessary deadlines - just ask you to explain how I should act.

Let's try together to reverse this system, in which every computer buyer buys a Windows OEM license, whether he wants it or not, in the appendage. The Consumer Rights Act is, after all, on our side.

More on the topic

It is clear that the seller has a problem - how to compensate for losses for the purchased, but not sold license. So - this is the problem of developing schemes for the interaction of Microsoft, computer assemblers and retailers, and it has nothing to do with the need to comply with the law. As long as the buyers, that is, we are with you, we will not force the sellers with an unpleasant, but legal requirement - the aforementioned schemes will not be developed. Nobody, roughly speaking, will not be scratched. The seller interacts with the final buyer, and legally it is the seller who is responsible to him for the return of funds - as I understand it.

Among other things, I called technical support for Lenovo. There, they assured me that the seller was legally obligated to return the funds for an unused OS to me. But a funny fact was discovered - the rules for the return of funds are on the Lenovo website, but the company itself, as it were, does not affect (it’s only about the seller), and for the sellers this regulation is a paper certificate and moreover obliges. I would like to receive comments on this from Lenovo representatives.

Calls to local (Tolyatti) consumer protection societies did not give anything — they couldn’t tell me anything intelligible on this issue, there really were no precedents, and people just don’t know about such a problem. But the willingness to help showed that already happy.

THANKS TO ALL THE RELAXED AND HELPING! VERY MOTIVATED DO NOT STOP. I WILL UPDATE TOPIC AS THE EVENT DEVELOPMENT.