I was quitely confident that Amazon had adopted a sensible refund position in accordance with the law of the land. And so I sent off my email in the same manner that The Opensourcerer had done expecting it to be sorted in minutes.
Unfortunately it hasn't turned out like that and after several frustrating exchanges I ended up with this.
We are not in a position to offer a partial refund for this product. You can of course return the laptop to us for a full refund if you wish.
So it seems I must turn to the law of the land and enforce those mystical 'statutory rights' that you see mentioned in every retail establishment.
The next few posts will describe what I believe is the statutory basis for recovering the cost of Windows and the result of my discussions with Amazon will determine whether I'm right or not.
We shall see.
5 comments:
I would make a threat of reporting them to trading standards if they don't comply as this is not legal, they must offer a refund. Even the Behemoths software tells you that you can get a refund if you don't want to use their virusware.
Indeed. The Microsoft EULA puts conditions on the sale that were not presented at the time of sale.
This is illegal under UK law, and a mere refund does not make it good. Stress this.
Looks like someone in the States got their M$ Tax refund from Amazon too:
http://news.slashdot.org/story/09/07/31/1215248/Amazon-US-Refunds-Windows-License-Fee-Too?from=rss
Sorry to dig up ancient history here...just wondering whether you had any luck with Amazon? Have just bought an eeePc with Windows 7, and want to try to gauge what my chances are.
The legal basis is very confused. It is not at all clear if the retailer or the manufacturer is liable.
The law seems to suggest that the retailer should be responsible, but case law is very patchy on the subject. I suspect that like the bank charges case it would need to go all the way to the Supreme Court to get an answer.
Which is why this abuse of monopoly power is likely to continue...
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