The first attempt to get compensation for the removal of WinXP in Russia
As you know, the cost of any computer in the store includes the cost of the operating system. And if Windows is installed there, then the surcharge can be quite significant, even if you absolutely do not need this OS. More recently, residents of the United States and the United Kingdom sometimes manage to get compensation of about $ 100–200 for removing Windows XP from a newly purchased computer. Is it possible in Russia? Finally, there was a wish to check it out.
Such a letter habrecheloke alexkbs alexkbs sent to the Moscow and European offices of Toshiba - this case is discussed in the community linux_ru .
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The European representative office is still silent, but from the Moscow office of Toshiba has already received an answer, in which the buyer refuses to compensate for the cost of Windows and offers to “return the laptop as a complete solution (product) to the seller.”
In response to this, alexkbs alexkbs rightly notes that this is a Microsoft licensing agreement ( PDF ), whereas there is not a single official document saying that "Toshiba supplies a laptop as a complete solution, including hardware and software" . At the same time, the law “On Protection of Consumer Rights” prohibits “to condition the purchase of certain goods (work, services) by the obligatory purchase of other goods (work, services)”. The law says: “Losses caused to a consumer as a result of a violation of his right to freely choose goods (works, services) are reimbursed by the seller (executor) in full”.
How the process of “people against Toshiba” will end - time will show. The case is being prepared for submission to court. We only note that in the United States a similar process ended in victory for the people , and in the UK , PC makers surrendered without even bringing the case to court .
On this topic:
A selection of similar cases in Western practice
Letter to notebooks@toshiba.com.ru
Hello! Purchased a new laptop Toshiba Tecra A8. At the first boot we were asked to read the license agreement and agree or disagree. We read it and did not agree to accept it. Later decided to use the OS Linux.
The agreement states that in case of disagreement, we must contact you (the manufacturer) on the issue of returning unused software and receiving a refund. Please explain how we can get our money back for Microsoft Windows we do not need.
Laptop serial number: ...
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Sincerely.
Such a letter habrecheloke alexkbs alexkbs sent to the Moscow and European offices of Toshiba - this case is discussed in the community linux_ru .
')
The European representative office is still silent, but from the Moscow office of Toshiba has already received an answer, in which the buyer refuses to compensate for the cost of Windows and offers to “return the laptop as a complete solution (product) to the seller.”
In response to this, alexkbs alexkbs rightly notes that this is a Microsoft licensing agreement ( PDF ), whereas there is not a single official document saying that "Toshiba supplies a laptop as a complete solution, including hardware and software" . At the same time, the law “On Protection of Consumer Rights” prohibits “to condition the purchase of certain goods (work, services) by the obligatory purchase of other goods (work, services)”. The law says: “Losses caused to a consumer as a result of a violation of his right to freely choose goods (works, services) are reimbursed by the seller (executor) in full”.
How the process of “people against Toshiba” will end - time will show. The case is being prepared for submission to court. We only note that in the United States a similar process ended in victory for the people , and in the UK , PC makers surrendered without even bringing the case to court .
On this topic:
A selection of similar cases in Western practice
Source: https://habr.com/ru/post/6217/
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