Refund for pre-installed OEM Windows. End of story
Good day again, dear habrovchane.
I am writing this post in continuation of the previous one .
Let me remind you that it was about the possibility of a refund for an unused Windows OEM license after buying a laptop in an online store.
So, how did it all end, and what conclusions follow from this?
So, with the help of hacker Nepofigist , for which many thanks to him, the text of the pre-trial claim was made - in my unprofessional opinion, very reasonable, sane and intelligible.
Then I printed a statement about the refusal of the OS from the Lenovo website, a photograph of a laptop with a COA sticker, took a copy of the sales receipt with the usual one attached to it, filled it out and signed it, and sent the claim to the legal address of the company listed on the Internet site store - a valuable letter with an inventory of attachments and a return receipt (this is important!).
')
The next day, that is, today, I received advice to duplicate my letter to the store's e-mail, and the result followed a few hours later — the manager called me with the goal of communicating constructively.
As expected, the store offered to terminate the contract of sale, followed by the return of funds and equipment - to which I replied that I was completely satisfied with the technique and I did not want to terminate the contract) The conversation turned out to be quite long and ambiguous. In short, the shop goes on principle and brings the case to court, where it agrees with my rightness and insists on the termination of the contract of sale with the return of material values ​​to their original owners - as I was offered from the first words.
Personally, my opinion on this matter - I would have a good chance to win the trial and recover the cost of Windows. According to my information, in cases of consumer rights protection the court willingly goes to meet the consumer, the legal position (set out in the “pre-trial claim”) is strong enough, and the laptop sale and purchase agreement cannot oblige me to enter into a licensing agreement with Microsoft. But in the conversation, other information was also obtained that makes us look at the situation from a different angle.
First, things are exactly as I suggested in my first topic. If the interaction between manufacturers and sellers of the "first echelon" after the decisions of the FAS is somehow established (pay attention to the comments describing the successful experience of returning funds for the OS), then further (for example, the interaction of wholesale retail) is much worse. Yes, this (and I think many others) online store really doesn’t have any mechanisms to compensate for the “OEM-rejected license”. According to them, several requests were sent to resolve my situation - and as a result, it's cheaper to just give me back the money or wait until I bring the case to court, and there in a judicial order to try to terminate the contract of sale. It is clear that there is such a simple solution, how to get out of your pocket and give me the ill-fated 3000r - but here, apparently, it goes on the "principle". I can not blame them, after my first article. Well, and secondly, such a decision does not suit me either, because there is no benefit from it, nothing will change, and the money will be hung on some extreme one.
So, after a telephone conversation there was a difficult choice. It was obvious that one could go to the end, and with a good chance of achieving one’s own ... But it also became clear that this “precedent” would not bring benefits and results. Yes, the law can bend the seller, simply the seller himself is a hostage to the situation in Russia in this area. Yes, again, it is possible to try to “punish” so that people will attend to the elaboration of a scheme for the normal resolution of such situations - it only became clear that my actions here will have no effect and will not change anything. Shit something I can, but only :)
In this regard, I decided not to continue. I still have to admit that I liked the store, the laptop was delivered 1 day after the order, and the telephone managers communicated very adequately. Therefore, now I don’t want to make it “extreme” in the current situation. Maybe it’s just a weak spirit :) There is a feeling that when I’m right “de jure”, I’ll be a “de facto” asshole, and I’ll live with it, which my nature just doesn’t want.
It's simple. Thanks to the commentary of the Habrayuser Staind , a similar model with DOS for ~ 14.000r was found for sale, ordered from Moscow, after which it was given consent to return the purchased netbook with a corresponding return of funds. (What, went through the link and did not see 14.000? Yes, the price of 16.000 rubles instead of 14.000 rubles appeared a few minutes after I made the order ... In my opinion - fi, ugly as, dear yutinet.ru)
Yes, there is. But one should not lose sight of the fact that a certain practical result was obtained, and in my opinion, it is very different from zero.
In general, seek and find, and may the force be with you.
If you take care of saving on OEM licenses before the purchase - it is really done at 100%.
PS This topic made visible only to subscribers of the blog "Dura Lex". It seems right.
I am writing this post in continuation of the previous one .
Let me remind you that it was about the possibility of a refund for an unused Windows OEM license after buying a laptop in an online store.
So, how did it all end, and what conclusions follow from this?
What is over.
So, with the help of hacker Nepofigist , for which many thanks to him, the text of the pre-trial claim was made - in my unprofessional opinion, very reasonable, sane and intelligible.
Then I printed a statement about the refusal of the OS from the Lenovo website, a photograph of a laptop with a COA sticker, took a copy of the sales receipt with the usual one attached to it, filled it out and signed it, and sent the claim to the legal address of the company listed on the Internet site store - a valuable letter with an inventory of attachments and a return receipt (this is important!).
')
The next day, that is, today, I received advice to duplicate my letter to the store's e-mail, and the result followed a few hours later — the manager called me with the goal of communicating constructively.
As expected, the store offered to terminate the contract of sale, followed by the return of funds and equipment - to which I replied that I was completely satisfied with the technique and I did not want to terminate the contract) The conversation turned out to be quite long and ambiguous. In short, the shop goes on principle and brings the case to court, where it agrees with my rightness and insists on the termination of the contract of sale with the return of material values ​​to their original owners - as I was offered from the first words.
Personally, my opinion on this matter - I would have a good chance to win the trial and recover the cost of Windows. According to my information, in cases of consumer rights protection the court willingly goes to meet the consumer, the legal position (set out in the “pre-trial claim”) is strong enough, and the laptop sale and purchase agreement cannot oblige me to enter into a licensing agreement with Microsoft. But in the conversation, other information was also obtained that makes us look at the situation from a different angle.
First, things are exactly as I suggested in my first topic. If the interaction between manufacturers and sellers of the "first echelon" after the decisions of the FAS is somehow established (pay attention to the comments describing the successful experience of returning funds for the OS), then further (for example, the interaction of wholesale retail) is much worse. Yes, this (and I think many others) online store really doesn’t have any mechanisms to compensate for the “OEM-rejected license”. According to them, several requests were sent to resolve my situation - and as a result, it's cheaper to just give me back the money or wait until I bring the case to court, and there in a judicial order to try to terminate the contract of sale. It is clear that there is such a simple solution, how to get out of your pocket and give me the ill-fated 3000r - but here, apparently, it goes on the "principle". I can not blame them, after my first article. Well, and secondly, such a decision does not suit me either, because there is no benefit from it, nothing will change, and the money will be hung on some extreme one.
So, after a telephone conversation there was a difficult choice. It was obvious that one could go to the end, and with a good chance of achieving one’s own ... But it also became clear that this “precedent” would not bring benefits and results. Yes, the law can bend the seller, simply the seller himself is a hostage to the situation in Russia in this area. Yes, again, it is possible to try to “punish” so that people will attend to the elaboration of a scheme for the normal resolution of such situations - it only became clear that my actions here will have no effect and will not change anything. Shit something I can, but only :)
In this regard, I decided not to continue. I still have to admit that I liked the store, the laptop was delivered 1 day after the order, and the telephone managers communicated very adequately. Therefore, now I don’t want to make it “extreme” in the current situation. Maybe it’s just a weak spirit :) There is a feeling that when I’m right “de jure”, I’ll be a “de facto” asshole, and I’ll live with it, which my nature just doesn’t want.
So what then, what decision in the end?
It's simple. Thanks to the commentary of the Habrayuser Staind , a similar model with DOS for ~ 14.000r was found for sale, ordered from Moscow, after which it was given consent to return the purchased netbook with a corresponding return of funds. (What, went through the link and did not see 14.000? Yes, the price of 16.000 rubles instead of 14.000 rubles appeared a few minutes after I made the order ... In my opinion - fi, ugly as, dear yutinet.ru)
Damn, you still did not finish it!
Yes, there is. But one should not lose sight of the fact that a certain practical result was obtained, and in my opinion, it is very different from zero.
- Legally, we still have certain opportunities to put pressure on online shopping. Like it or not, but it is. The case can be brought to court. Although there is no practical result in this area - the chances of defending one’s rights are, in my opinion, very high. Maybe in the comments any legally competent person will be able to lead counter-arguments on the text of the “claim” - I will be glad.
- Even if it is impossible to return funds for the OS - the store has a strong desire to abandon the relationship with such a client, for which it is necessary to return the money to him. I think my case is very indicative in this regard - the client shows a willingness to sue, the store is easier and cheaper to cancel the sale of goods.
- There is little to change here with the courts - the system is too inert for it to be moved by such Brownian movement. Sellers of a “higher” echelon will simply ignore the needs of those in a “lower” one, providing those independently to clear up questions in accordance with the letter of the law.
- The most important conclusion is that we can influence the situation with a ruble! And we have a choice - it is just necessary to carefully choose the options, more persistently look for the hardware we need from DOS or Linux, without doing what I did - “The main thing is to buy, and then we will sue!”
- The second main conclusion - thanks to the wave of comments in the previous topic, it became quite obvious: a refund program for OEM Windows exists and works in a completely non-mythical way! And in some cases, using it is as easy as making the purchase itself. There are several sides here. Firstly, the chances of using this program in the offline store are much higher. With documents, in the event that itchs to “sue”, it is also much simpler how much - there is much to bring, there is someone to hand over, there is someone to sign on their copy of documents. The main thing is to act! If the seller to death refuses to sell the computer without the OS - you can search for others that are more compliant. For example, Lenovo’s website states that M-Video does not support a refund program. The conclusion is simple - do not buy Lenovo products in M-Video)
In general, seek and find, and may the force be with you.
If you take care of saving on OEM licenses before the purchase - it is really done at 100%.
PS This topic made visible only to subscribers of the blog "Dura Lex". It seems right.
Source: https://habr.com/ru/post/125674/
All Articles