"IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE." - EULA
We all know how nasty it feels to have to buy a new PC (specially laptops) and having to actually buy Windows , because it usually comes bundled and you can't choose not to have it. As you may already know, Windows IS NOT free. You are paying for something that you don't like and you won't use. The purpose of this article is to explain how to get your MS Windows Tax Refund while at the same time putting pressure on the vendors so that they start offering PCs with Windows, Linux or simply nothing (empty Hard Drives).
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Know your rights!
MICROSOFT WINDOWS END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
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Know your rights!
MICROSOFT WINDOWS END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
Regardless of the version of Windows (Xp, Vista, 7, etc) they all state that: "IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT [***The software, not the PC***] TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE."
Read it here: http://www.microsoft.com/windowsxp/eula/home.mspx
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My own Experience with Amazon.com (USA) - A REFUND FOR THE FULL RETAIL PRICE! - in an 8 minute call.
I decided to buy 2 Acer netbooks which came bundled with Windows XP. They were really inexpensive, just $300 each, but at the end of this article you will discover that the price got even better!
When turning on the PCs, I was greeted by Microsoft with the following screen, containing the above mentioned license (after asking you about your time zone and some other stuff):
Here you just have to tell Big old Uncle Bill that you DO NOT ACCEPT. If you accept it, you are screwed. Then click next. They will show you this screen, asking you to turn it off. Do it.
I then sent an email to Amazon, stating the following:
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01/30/10 17:12:33
Your Name: ---
Order Id: 104...3045
Comments:Hello,
I bought 2 Acer AOD250 Netbooks. They were both ordered separately and hence have a different order #, but this inquiry relates to both. The second Order # is: 104-...7846.
On opening and turning on my 2 netbooks, I realize that they come with Microsoft Windows XP Software along with a license (Microsoft End User License) which due to many reasons, including my job, I am unable to accept. I am very satisfied with the rest of the order, as expected from Amazon, and it is just what I need for my new job in Central America. I plan to install Linux in both computers and wish to enquire as to how I go about returning the software. According to the license, in case I do not accept it, I am entitled to claim a refund for the software.
As a long time Amazon customer, I want to know what the correct procedure is to expedite this please.
Yours Sincerely,
---------------
And here was their reply:
---------------
Thank you for writing to us at Amazon.com.
I'm sorry to hear that the windows XP software is not to your liking. However we don't accept returns for the Microsoft operation system disc that have been received as part of a PC/laptop package.
You need to contact the Microsoft and get a refund directly from them under the terms of their warranty.
I'd recommend calling the tech-support number that should be listed on the manual that came with the software package.
Microsoft Corporation.
http://www.microsoft.com/
Technical Support: 425-454-2030
Toll-Free Number: 800-426-9400 or 800-522-8455
If you have contacted the software publisher and they have refer you back to us, please write back to us and let us know.
We appreciate you contacting the manufacturer to resolve this issue and apologize for the inconvenience.
Thank you for shopping at Amazon.com.
---------------
Apparently someone needs to study the EULA... In my case, I did not answer that message. I made a call. Toll free 1 866 21 61 072
I was put on hold for just 30 seconds, and then a lady started requesting order numbers and account (personal) information for security reasons. Then she asked me how she could help me... I started explaining that my order (my 2 netbooks) were ok, but that when I turned on the PCs a windows license showed up, which due to many reasons, including my job, I found unacceptable. I explained that according to the license, if I did not accept it, I had the right to get a refund by the vendor and that was what I wanted.
She asked if Windows was purchased separately or if it came in a bundle. I told her that it came installed with the PCs. After a small wait, she told me "I apologize, but in this situation you need to contact the manufacturer" so I immediately replied "but the Manufacturer told me to contact the vendor" (I didn't call Microsoft...I just remembered the EULA... "YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND" ). After this, the lady said "since it came with that, and not from us, I will probably just refund that"... then she searched for the Windows XP SP3 in the Amazon.com website, and gave me the refund for $122.39 (retail price!) for e
ach laptop. Also, they did not request the license sticker or anything else, nor the license number, which makes me believe that in theory those licenses are still usable and that Amazon is the one losing the money and not Microsoft. This is probably due to the fact that fighting MS for just one license is not worth it, but if many people did this, then it will start becoming important and we could even get them without any Operating System.
SUCCESS!!!
Now, I must say that I was a little bit lucky. Most people who get their Windows refund without going to court, usually get just half or even less of the retail price. Those who take it to court (small claims court) do get the full retail price, and even court costs.
Amazon told me that I was going to get the money back after 3 business days or something, but the next day I had the following 2 emails:
Note the reason they gave... "item billing error"
Heck yeah it was an error!! lol
The following are some links you should also read:
Read it here: http://www.microsoft.com/windowsxp/eula/home.mspx
---------------
My own Experience with Amazon.com (USA) - A REFUND FOR THE FULL RETAIL PRICE! - in an 8 minute call.
I decided to buy 2 Acer netbooks which came bundled with Windows XP. They were really inexpensive, just $300 each, but at the end of this article you will discover that the price got even better!
When turning on the PCs, I was greeted by Microsoft with the following screen, containing the above mentioned license (after asking you about your time zone and some other stuff):
Here you just have to tell Big old Uncle Bill that you DO NOT ACCEPT. If you accept it, you are screwed. Then click next. They will show you this screen, asking you to turn it off. Do it.
I then sent an email to Amazon, stating the following:
---------------
01/30/10 17:12:33
Your Name: ---
Order Id: 104...3045
Comments:Hello,
I bought 2 Acer AOD250 Netbooks. They were both ordered separately and hence have a different order #, but this inquiry relates to both. The second Order # is: 104-...7846.
On opening and turning on my 2 netbooks, I realize that they come with Microsoft Windows XP Software along with a license (Microsoft End User License) which due to many reasons, including my job, I am unable to accept. I am very satisfied with the rest of the order, as expected from Amazon, and it is just what I need for my new job in Central America. I plan to install Linux in both computers and wish to enquire as to how I go about returning the software. According to the license, in case I do not accept it, I am entitled to claim a refund for the software.
As a long time Amazon customer, I want to know what the correct procedure is to expedite this please.
Yours Sincerely,
---------------
And here was their reply:
---------------
Thank you for writing to us at Amazon.com.
I'm sorry to hear that the windows XP software is not to your liking. However we don't accept returns for the Microsoft operation system disc that have been received as part of a PC/laptop package.
You need to contact the Microsoft and get a refund directly from them under the terms of their warranty.
I'd recommend calling the tech-support number that should be listed on the manual that came with the software package.
Microsoft Corporation.
http://www.microsoft.com/
Technical Support: 425-454-2030
Toll-Free Number: 800-426-9400 or 800-522-8455
If you have contacted the software publisher and they have refer you back to us, please write back to us and let us know.
We appreciate you contacting the manufacturer to resolve this issue and apologize for the inconvenience.
Thank you for shopping at Amazon.com.
---------------
Apparently someone needs to study the EULA... In my case, I did not answer that message. I made a call. Toll free 1 866 21 61 072
I was put on hold for just 30 seconds, and then a lady started requesting order numbers and account (personal) information for security reasons. Then she asked me how she could help me... I started explaining that my order (my 2 netbooks) were ok, but that when I turned on the PCs a windows license showed up, which due to many reasons, including my job, I found unacceptable. I explained that according to the license, if I did not accept it, I had the right to get a refund by the vendor and that was what I wanted.
She asked if Windows was purchased separately or if it came in a bundle. I told her that it came installed with the PCs. After a small wait, she told me "I apologize, but in this situation you need to contact the manufacturer" so I immediately replied "but the Manufacturer told me to contact the vendor" (I didn't call Microsoft...I just remembered the EULA... "YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND" ). After this, the lady said "since it came with that, and not from us, I will probably just refund that"... then she searched for the Windows XP SP3 in the Amazon.com website, and gave me the refund for $122.39 (retail price!) for e
ach laptop. Also, they did not request the license sticker or anything else, nor the license number, which makes me believe that in theory those licenses are still usable and that Amazon is the one losing the money and not Microsoft. This is probably due to the fact that fighting MS for just one license is not worth it, but if many people did this, then it will start becoming important and we could even get them without any Operating System.SUCCESS!!!
Now, I must say that I was a little bit lucky. Most people who get their Windows refund without going to court, usually get just half or even less of the retail price. Those who take it to court (small claims court) do get the full retail price, and even court costs.
Amazon told me that I was going to get the money back after 3 business days or something, but the next day I had the following 2 emails:
Note the reason they gave... "item billing error"
Heck yeah it was an error!! lol
The following are some links you should also read:
- EULA: http://www.microsoft.com/windowsxp/eula/home.mspx
- Refund from Dell: http://www.linux.com/archive/feed/59381
- Windows Refund Wikipedia: http://en.wikipedia.org/wiki/Windows_refund
- Amazon 11% Refund: http://www.geek.com/articles/news/amazon-customer-returns-windows-gets-11-asus-netbook-discount-20090724/
- Windows Refund Small Claims Court: http://www.linuxjournal.com/article/7040
- Another Refund: http://www.linuxmint.com/blog/?p=1073
- Amazon UK refund: http://www.theopensourcerer.com/2009/07/21/getting-your-microsoft-tax-refunded-1010-for-amazon-uk/
