Getting a refund for your Microsoft Windows License

I recently purchases a new Dell Inspiron 1545 laptop from Amazon.co.uk

This came with Microsoft Windows Vista pre-loaded, but being the Open Source advocates we are here at Mercian Labels, I bought this laptop with the mind to install Ubuntu 10.04 right away.

Whilst installing Ubuntu 10.04 was easy, a few issues arose with getting the wireless working with the chipset, but thats another story; but after installing Ubuntu, I decided to try my luck at getting a refund from Dell for Windows.

I had read previous articles outlining a few steps in order to try and get a refund on Windows, so this is what I did.

Even though I purchases this through one of Amazon’s third party sellers, I thought it was best to contact them first.

I went through the process of contacting customer services (Amazon > Help, Click How do I contact customer service?, Login, Click E-Mail and then Put in order number, then select Issue: Return and Refunds, and then I sent the following email:

SENT On: 28/07/2010 10:30am

To Whom this may concern.

I recently purchased a Dell laptop from yourselves, order number ############.

I do not agree to the terms of the Dell Software Licensing Agreement or the Microsoft Windows End User License Agreement.

I confirm that I have not used any of the software on the laptop, nor booted the laptop up into Windows, and have deleted all preloaded or embedded software from my Dell Laptop.

How will you refund the cost of the Microsoft Windows Vista software? I note that Windows Vista Home Premium retails at £151.95, which means a total refund of £151.95 is due.

Kind Regards
Rich

Within 19 minutes of sending the email, I got a response from Amazon, which was prompt, stating:

Response: 10:49 28/07/2010
Dear Customer

Thank you for contacting Amazon.co.uk.

After looking into your enquiry, I can see that you have placed this order ############## with one of our registered third party seller “######”.

I am sorry to learn that you are not happy with the license agreement. In a case like this, we do ask that you first contact the seller to explain the situation and to make appropriate arrangements.

To contact your seller just click the Your Account link on the top right of Amazon.co.uk, and click the Your Orders button. Next select the order from the options Orders Listed by Date.

Then locate the relevant order number on the left of the screen. You will also see an image of the item(s) in your order so as to identify it correctly.

Once located, look for the yellow button to the right of your screen reading Contact Seller.

For more information on communicating with Marketplace sellers, you can visit this link:

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=3149541

I hope that this issue will be resolved to your satisfaction

Thank you for your understanding and for shopping at Amazon.co.uk Marketplace.

I have sent the exact same email I originally sent to Amazon, to the third party seller, and will update this post as and when I receive any response.

  • Well, I got a response from the 3rd party seller, which consisted of:


    It is your choice to use the software on the computer or not which we have not charged separately for.

    Therefore we will not be able to offer a refund for your non usage of the software.

    Kind regards.

    But not one to give up easily, I have responded with the following:

    Sirs

    Thank you for your reply. Whilst we agree that it is our choice of what software to use, you are obliged to refund us for the Software we have purchased and not used as are not prepared to accept the terms of the Microsoft EULA. We are perfectly happy with the hardware, but insist on a refund for the software that has not been used and may be collected from us at any time, or the laptop inspected at our premises in Cannock to confirm that only Linux is installed.

    I refer you to the terms of the Microsoft Windows EULA acceptance screen on the product you sold to us which says:

    “By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit.”

    You can read the EULA on http://download.microsoft.com/documents/useterms/Windows%20Vista_Home%20Premium_English_d16c019b-fa71-4fc9-a51d-a0621bddb153.pdf

    We are doing precisely that and insist on a refund. If you refuse to do this then you are in breech of contract.

    You may wish to take advice from Microsoft or Dell in respect of this matter, but as our legal contract is with you, we must approach you for this refund and it is ####### Ltd that is liable to give the refund to us.

    In the interests of transparency please be aware that we are putting all correspondence on this matter in the public domain on http://www.selfadhesivelabels.com/blog/2010/07/28/getting-a-refund-for-your-microsoft-windows-license/

    and your support is requested to swiftly comply with the contractual obligations of #####

    Richard Jones
    for Mercian Labels Ltd

  • We received further correspondence from the third party seller, stating:

    We will seek legal advice on this matter and respond.

    Kind regards

    Our followup:

    I understand that you are consulting your solicitor and will respond to me shortly.

    I look forward to your response and will contact you next week if I have not had a reply confirming the amount of our refund.

    Kind Regards

    Richard Jones
    Mercian Labels Ltd

    Will continue to post updates as and when we receive them.

  • Return to Inbox Reply
    RE: Return policy enquiry from Amazon customer Alison R Witton
    From: Fonestop
    Sent: Wednesday, 4 August 2010 11:33 am
    To: Alison R Witton

    Further to my earlier conversation with Mr Adrian Steele at your company:

    Legal consultation whilst always an option for resolution can be time consuming and costly especially for this small matter.

    You bought the computer with the software preloaded and as a package and as such knew you were doing this.

    We are therefore prepared as a resolution for you to return the item complete as a package for a full refund.

    We will not make a separate refund for the software as it was not bought separately and therefore has no predetermined value.

    Please let us know when and how we will receive our item back so that we can expect it and arrange your refund.

    We obviously appreciate your custom and would like to bring this issue to a close.

    Kind regards.

    Fonestop ltd.
    63 Birmingham Road
    Sutton Coldfield
    B72 1QF
    U.K.

  • —– Forwarded Message —–
    From: “Adrian Steele”
    To: sales@fonestop.com
    Sent: Tuesday, 10 August, 2010 08:45:05 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: windows license refund

    Mr Bhaltop
    Fonestop Ltd

    This matter has been referred to me for further action, and I would be grateful if you would address all further correspondence to me as Managing Director of Mercian Labels Ltd, your customer.

    Thank you for your offer to return the complete purchase for a full refund. We do not wish to do this as we are happy with the purchase apart from the inclusion of a Widows license which I insist is refunded in part or in full. It is an excellent laptop, but we did not find the Microsoft EULA terms acceptable, and so wish to take up the offer of a refund displayed n the laptop.

    I refer you to the terms of the Microsoft Windows EULA acceptance screen on the product you sold to us which says:

    “By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit.”

    You can read the EULA on http://download.microsoft.com/documents/useterms/Windows%20Vista_Home%20Premium_English_d16c019b-fa71-4fc9-a51d-a0621bddb153.pdf

    Mr Bhaltop, whilst I appreciate that you would like this matter to “go away”, there is an important matter of principle here that we will pursue until a satisfactory conclusion is reached with a full or partial refund, using litigation through the small claims track of the county court if necessary.

    Can I suggest that you make us a reasonable offer for refund of the unused miscrosoft license, which you are entitled to collect (and CDs etc) as you wish. This will bring the matter to a satisfactory close for us. For the avoidance of doubt, any outcome that does not result in compensation for Mercian Labels Ltd to cover the refused Miscosoft license will result in further action culminating in litigation where Fonestop Ltd will be named as a defendant.

    Regards

    Adrian
    *****************************
    Dr Adrian Steele – Managing Director
    Mercian Labels Group
    http://www.mercianlabels.com
    Get our tweets – http://twitter.com/MercianLabels

  • email received back

    —– Original Message —–
    From: “Fonestop”
    To: “Adrian Steele”
    Sent: Friday, 27 August, 2010 19:05:52 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: RE: windows license refund

    Hi Adrian,

    I hope you are getting all our response emails as it seems you think that we wish the matter to just ‘go away’ but to the contrary we have responded to all your emails completely and have offered a resolution to the matter.

    Thank you for liking our laptop and being happy with it. The item was bought by us as a package and sold to you as such. You were aware that the software was part of the package and thus if you did not want the software then just return the package complete back to us for a full refund as we suggested previously.

    Thank you for highlighting the terms of the EULA and we are satisfying this term by offering you a full refund. The refund for the software has to be done with the whole package as that is how it was purchased and not separately as the software had no separate predetermined value.

    An alternative course of action for yourselves would be to ask Amazon market place to mediate in the matter by making a claim through their ‘AtoZ guarantee program with regards to your purchase. As an Amazon market place seller we would obviously cooperate with any input that they would request from us.

    We are of course very prudent as most small businesses have to be in the current economic climate so may I suggest a ‘without prejudice’ telephone conversation with regards to the matter which I will try to conduct on your return or alternatively you can contact me on 0121 321 1122 to see if we can resolve the matter amicably.

    Please be reminded that any attempted claim made through the court system will be robustly defended as a matter of principle and any costs incurred we will also be pursued.

    Hope you enjoyed your break.

    Kind regards.

    Mr Bhopal

    fonestop logo

    Fonestop ltd.

    63 Birmingham Road

    Sutton Coldfield

    B72 1QF

    U.K.

  • Adrian,

    I think there is one aspect of this sale that you have not mentioned.

    Before, or at the time, you agreed to purchase the Laptop, were you given information regarding the details of the EULA you would be required to accept? If you were not, then I would consider that you have every right to request a refund as the obligations which Microsoft’s EULA require were not made clear to you at the time of purchase; it did not therefore form part of the contract you have with the supplier.

    Alan

    PS – I think I feel a blog post coming on…

  • adrian steele

    Alan + others

    an update. Having spoken to Fonestop Ltd (who are perfectly reasonable and have already offered me a full refund but not a partial refund of the license only for the record), I’ve agreed to put a formal dispute into Amazon to secure a refund of the microsoft license, and if that gets nowhere, I’ll issue a small claims court claim against all 3 parties to sort it out that way.

    EULA contract incorporation at point of contact is an interesting one – any lawyers out there?

    adrian

  • latest reply from Amazon and response from us

    Adrian

    —– Forwarded Message —–
    From: “Adrian Steele”
    To: buyer-guarantee@amazon.co.uk
    Sent: Monday, 11 October, 2010 20:03:55 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Fwd: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Dear Ruth

    Thank you for your email. I cannt see where to reply to your email on the amazon website so am replying my email.

    This matter has been referred to me for further action, and I would be grateful if you would address all further correspondence to me as Managing Director of Mercian Labels Ltd, your customer.

    Thank you for your offer to return the complete purchase for a full refund. We do not wish to do this as we are happy with the purchase apart from the inclusion of a Widows license which I insist is refunded in part or in full. It is an excellent laptop, but we did not find the Microsoft EULA terms acceptable, and so wish to take up the offer of a refund displayed n the laptop.

    I refer you to the terms of the Microsoft Windows EULA acceptance screen on the product you sold to us which says:

    “By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit.”

    You can read the EULA on http://download.microsoft.com/documents/useterms/Windows%20Vista_Home%20Premium_English_d16c019b-fa71-4fc9-a51d-a0621bddb153.pdf

    Ruth, whilst I appreciate that I may appear pedantic, there is an important matter of principle here that we will pursue until a satisfactory conclusion is reached with a full or partial refund, using litigation through the small claims track of the county court if necessary.

    Can I suggest that you make us a reasonable offer for refund of the unused miscrosoft license, which you are entitled to collect (and CDs etc) as you wish. This will bring the matter to a satisfactory close for us. For the avoidance of doubt, any outcome that does not result in compensation for Mercian Labels Ltd to cover the refused Miscosoft license will result in further action culminating in litigation where Amazon and Fonestop Ltd will be named as defendants.

    To reiterate, we are not interested in a full refnd, we like our purhcase but simply want to claim a refund for the windows license as offered by you as detailed above.

    Regards

    Adrian
    *****************************
    Dr Adrian Steele – Managing Director
    Mercian Labels Group
    http://www.mercianlabels.com
    Get our tweets – http://twitter.com/MercianLabels

    —– Forwarded Message —–
    From: “Richard Jones”
    To: “Adrian Steele”
    Sent: Thursday, 7 October, 2010 09:03:26 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Fwd: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Richard Jones BSc(Hons)
    IT Manager
    Mercian Labels Ltd
    Mercian House, Watling Street,
    Bridgtown, Cannock,
    Staffordshire WS11 0BD

    Email: richard.jones@mercianlabels.com
    Phone: 01543 431078
    Web: http://www.mercianlabels.com
    Web: http://www.selfadhesivelabels.com
    Web: http://www.securitylabels.com
    Web: http://www.aclabels.co.uk

    Get our tweets – http://twitter.com/MercianLabels

    Disclaimer
    1. The Contents of this e-mail are confidential and are intended solely for the addressee and for use solely for the purpose for which they have been supplied. If you receive this e-mail in error please inform the sender immediately.
    2. Any views or opinions presented are solely those of the author & do not necessarily represent those of Mercian Labels Ltd.
    3. No representative or employee of Mercian Labels Ltd has authority to enter into any binding contract on behalf of Mercian Labels Ltd by e-mail.
    4. All e-mails sent to or from this address will be transmitted through or received by the Mercian Labels Ltd corporate e-mail system and are subject to archival and review by someone other than the recipient.
    5. All jobs are accepted subject to our standard terms and conditions of sale available at http://www.selfadhesivelabels.com/terms.html
    6. Mercian Labels Ltd is a company registered in England (reg. no. 951963 & VAT no. 278 6404 27) at Mercian House, Watling Street, Cannock, WS11 0BD, UK.

    —– Forwarded Message —–
    From: buyer-guarantee@amazon.co.uk
    To: “richard jones”
    Cc: payments-mail@amazon.co.uk
    Sent: Wednesday, 6 October, 2010 22:52:10 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Greetings from Amazon.co.uk.

    We are writing to follow-up with your Amazon.co.uk A-to-z Guarantee claim that was filed for order 203-4297743-6035514.

    The seller of this listing notified us that they have agreed that they would issue a refund upon receiving the return of the item.

    The seller sent the following return information:

    Fonestop ltd.

    63 Birmingham Road

    Sutton Coldfield

    B72 1QF

    U.K.

    For your protection, we recommend that you use a recorded-delivery service to return the item. To track your recorded item, please use your carrier’s online tracking service.

    Please make sure to include your name and order number in the package so that your seller can easily locate your account. Also, we would ask you to include a brief description of the problem with the item for easy reference.

    Please confirm that the order has been returned by replying to this message and provide us with the tracking information for this return in your reply. We will require this information to resolve your claim.

    Thank you for your cooperation with this matter and thank you for your interest in Amazon.co.uk.


    Ruth
    Account Specialist
    A-to-z Guarantee Program

  • Hello from Amazon.co.uk.

    Thank you for writing to us regarding order 203-4297743-6035514. Please note that this order was purchased from Marketplace seller Fonestop. You may send mail to our corporate address, and we will route it to the appropriate person.

    Please use the following address for your correspondence:

    Amazon.co.uk
    Patriot Court
    1-9 The Grove
    Slough
    Berkshire
    SL1 1QP

    Thank you for contacting Amazon.co.uk.


    Ruth
    Account Specialist
    A-to-z Guarantee Program

    —–Original Message—–
    From: adrian.steele@mercianlabels.com
    Sent: 14 Oct 2010 09:05:23
    To: buyer-guarantee@amazon.co.uk
    Cc:
    Subject: RE: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-60 35514)

    Ruth
    Pleasw confirm if amazon is a party to the contract of sale in my purchase of this laptop.
    Please also confirm your company’s registered name and registered address.
    Dr steele

    ***********************************
    Sent from adrian steele’s mobile phone

    — original message —
    From: “buyer-guarantee@amazon.co.uk”
    Subject: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)
    Date: 14th October 2010
    Time: 5:50:00 am

    Hello from Amazon.co.uk.

    Thank you for writing to us regarding order 203-4297743-6035514. Please understand as previously stated since we did not fulfill the order we are limited to what we can assist you with. However, we can assist if you return your merchandise.

    Thank you for choosing Amazon.co.uk.


    Ruth
    Account Specialist
    A-to-z Guarantee Program

    —–Original Message—–
    From: adrian.steele@mercianlabels.com
    Sent: 12 Oct 2010 19:49:51
    To: buyer-guarantee@amazon.co.uk
    Cc:
    Subject: Re: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Ruth

    Why? I have a genuine dispute and just because I dont want to return the item but claim the refund offered, why does this make my claim illegitimate?

    Are you saying to me that I have no contract with Amazon, and that you have no responsibility whatsoever for this dispute? Please confirm if this is the case, taking legal advise if required. I’m happy to wait for an answer as if this does, as a I suspect, end up in court, then I want to see what are parties to the contract.

    Regards

    Adrian
    *****************************
    Dr Adrian Steele – Managing Director
    Mercian Labels Group
    http://www.mercianlabels.com
    Get our tweets – http://twitter.com/MercianLabels

    —– Original Message —–
    From: buyer-guarantee@amazon.co.uk
    To: “adrian steele”
    Cc: payments-mail@amazon.co.uk
    Sent: Tuesday, 12 October, 2010 19:45:29 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Hello from Amazon.co.uk.

    Thank you for your reply regarding order 203-4297743-6035514. Please understand as previously stated we can only assist if you return the merchandise to your seller. If you do not return you will need to contact your seller for further assistance.

    Thank you for choosing Amazon.co.uk.


    Ruth
    Account Specialist
    A-to-z Guarantee Program

    —–Original Message—–
    From: adrian.steele@mercianlabels.com
    Sent: 12 Oct 2010 19:39:21
    To: buyer-guarantee@amazon.co.uk
    Cc:
    Subject: Re: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Ruth

    As I said, I dont want to return the item just secure a refund according to the legally binding license conditions.

    Regards

    Adrian
    *****************************
    Dr Adrian Steele – Managing Director
    Mercian Labels Group
    http://www.mercianlabels.com
    Get our tweets – http://twitter.com/MercianLabels

    —– Original Message —–
    From: buyer-guarantee@amazon.co.uk
    To: “adrian steele”
    Cc: payments-mail@amazon.co.uk
    Sent: Tuesday, 12 October, 2010 19:36:13 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Greetings from Amazon.co.uk.

    We are actively investigating your Amazon.co.uk A-to-z Guarantee claim for transaction 203-4297743-6035514.

    Please understand that this order was purchased from a Marketplace seller and was not fulfilled by Amazon. As we did not fulfill the order we are limited to what we can assist you with. However, we can assist you with a return.

    In order to further assist us with our investigation we request that you return the merchandise and provide the tracking ID used. Please provide us as well with the date the item was shipped, the shipping method and the address the item was sent to. No further action will be taken until we receive this information.

    We look forward to your direct reply to this message and we thank you for your patience during our investigation.


    Ruth
    Account Specialist
    A-to-z Guarantee Program

    —–Original Message—–
    From: adrian.steele@mercianlabels.com
    Sent: 11 Oct 2010 21:00:56
    To: buyer-guarantee@amazon.co.uk
    Cc:
    Subject: Fwd: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Dear Ruth

    Thank you for your email. I cannt see where to reply to your email on the amazon website so am replying my email.

    This matter has been referred to me for further action, and I would be grateful if you would address all further correspondence to me as Managing Director of Mercian Labels Ltd, your customer.

    Thank you for your offer to return the complete purchase for a full refund. We do not wish to do this as we are happy with the purchase apart from the inclusion of a Widows license which I insist is refunded in part or in full. It is an excellent laptop, but we did not find the Microsoft EULA terms acceptable, and so wish to take up the offer of a refund displayed n the laptop.

    I refer you to the terms of the Microsoft Windows EULA acceptance screen on the product you sold to us which says:

    “By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit.”

    You can read the EULA on http://download.microsoft.com/documents/useterms/Windows%20Vista_Home%20Premium_English_d16c019b-fa71-4fc9-a51d-a0621bddb153.pdf

    Ruth, whilst I appreciate that I may appear pedantic, there is an important matter of principle here that we will pursue until a satisfactory conclusion is reached with a full or partial refund, using litigation through the small claims track of the county court if necessary.

    Can I suggest that you make us a reasonable offer for refund of the unused miscrosoft license, which you are entitled to collect (and CDs etc) as you wish. This will bring the matter to a satisfactory close for us. For the avoidance of doubt, any outcome that does not result in compensation for Mercian Labels Ltd to cover the refused Miscosoft license will result in further action culminating in litigation where Amazon and Fonestop Ltd will be named as defendants.

    To reiterate, we are not interested in a full refnd, we like our purhcase but simply want to claim a refund for the windows license as offered by you as detailed above.

    Regards

    Adrian
    *****************************
    Dr Adrian Steele – Managing Director
    Mercian Labels Group
    http://www.mercianlabels.com
    Get our tweets – http://twitter.com/MercianLabels

    —– Forwarded Message —–
    From: “Richard Jones”
    To: “Adrian Steele”
    Sent: Thursday, 7 October, 2010 09:03:26 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Fwd: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Richard Jones BSc(Hons)
    IT Manager
    Mercian Labels Ltd
    Mercian House, Watling Street,
    Bridgtown, Cannock,
    Staffordshire WS11 0BD

    Email: richard.jones@mercianlabels.com
    Phone: 01543 431078
    Web: http://www.mercianlabels.com
    Web: http://www.selfadhesivelabels.com
    Web: http://www.securitylabels.com
    Web: http://www.aclabels.co.uk

    Get our tweets – http://twitter.com/MercianLabels

    Disclaimer
    1. The Contents of this e-mail are confidential and are intended solely for the addressee and for use solely for the purpose for which they have been supplied. If you receive this e-mail in error please inform the sender immediately.
    2. Any views or opinions presented are solely those of the author & do not necessarily represent those of Mercian Labels Ltd.
    3. No representative or employee of Mercian Labels Ltd has authority to enter into any binding contract on behalf of Mercian Labels Ltd by e-mail.
    4. All e-mails sent to or from this address will be transmitted through or received by the Mercian Labels Ltd corporate e-mail system and are subject to archival and review by someone other than the recipient.
    5. All jobs are accepted subject to our standard terms and conditions of sale available at http://www.selfadhesivelabels.com/terms.html
    6. Mercian Labels Ltd is a company registered in England (reg. no. 951963 & VAT no. 278 6404 27) at Mercian House, Watling Street, Cannock, WS11 0BD, UK.

    —– Forwarded Message —–
    From: buyer-guarantee@amazon.co.uk
    To: “richard jones”
    Cc: payments-mail@amazon.co.uk
    Sent: Wednesday, 6 October, 2010 22:52:10 GMT +00:00 GMT Britain, Ireland, Portugal
    Subject: Your Amazon.co.uk A-to-z Guarantee Claim (Order 203-4297743-6035514)

    Greetings from Amazon.co.uk.

    We are writing to follow-up with your Amazon.co.uk A-to-z Guarantee claim that was filed for order 203-4297743-6035514.

    The seller of this listing notified us that they have agreed that they would issue a refund upon receiving the return of the item.

    The seller sent the following return information:

    Fonestop ltd.

    63 Birmingham Road

    Sutton Coldfield

    B72 1QF

    U.K.

    For your protection, we recommend that you use a recorded-delivery service to return the item. To track your recorded item, please use your carrier’s online tracking service.

    Please make sure to include your name and order number in the package so that your seller can easily locate your account. Also, we would ask you to include a brief description of the problem with the item for easy reference.

    Please confirm that the order has been returned by replying to this message and provide us with the tracking information for this return in your reply. We will require this information to resolve your claim.

    Thank you for your cooperation with this matter and thank you for your interest in Amazon.co.uk.


    Ruth
    Account Specialist
    A-to-z Guarantee Program

  • so I’ve written to Microsoft direct..

    Microsoft Limited
    Microsoft Campus
    Thames Valley Park
    Reading
    Berkshire
    RG6 1WG

    cc Fonestop Ltd

    15 October 2010

    LICENCE REFUND
    Sirs

    We recently purchased a laptop with embedded Microsoft Windows Vista Home premium from Fonestop Ltd in Sutton Coldfield, UK. A receipt copy is attached. It is an excellent laptop, but we did not find the Microsoft EULA terms acceptable, and so wish to take up the offer of a refund displayed on the laptop in your software as we have installed Ubuntu Linux instead from the first occasion of use.

    I refer you to the terms of the Microsoft Windows EULA acceptance screen on the product which says:

    “By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit.”

    You can read the EULA on http://download.microsoft.com/documents/useterms/Windows%20Vista_Home%20Premium_English_d16c019b-fa71-4fc9-a51d-a0621bddb153.pdf

    I have approached the retailer who has refused to provide a refund of the licence as he says it is nothing to do with him as there is no mechanism for him to claim the license cost back form yourselves. I am therefore approaching you directly for a reasonable offer of a refund of the unused Microsoft license, which you are entitled to collect (and CDs etc) as you wish. This will bring the matter to a satisfactory close for us. For the avoidance of doubt, any outcome that does not result in compensation for Mercian Labels Ltd to cover the refused Microsoft license will result in further action culminating in litigation through the small claims track of the Count Court system where both Microsoft Ltd and Fonestop Ltd will be named as a defendants.

    Yours faithfully
    MERCIAN LABELS LTD

    Dr Adrian Steele
    Managing Director

  • Pingback: The Mercian Labels Group Blog – Security Labels International, Mercian Labels and AC Labels » Blog Archive » coffee spill+old laptop=new laptop , but the windows 7 EULA has changed()

  • after a lot of swapped messages, here is the response from microsoft:

    From: “Microsoft GetHelp” To: “adrian steele”
    Sent: Friday, 19 November, 2010 3:24:58 PM
    Subject: EULA – Windows Vista Home Premuim (OEM)#CaseID:10057454-EmailID:4#

    Hi Adrian,

    As per telephone conversation and at your request please find the confirmation required of the terms of agreement for an OEM License for Windows Vista Home Premium (copied from the EULA for the product found here: http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/UseTerms/Default.aspx)

    These license terms are an agreement between you and

    · the device manufacturer that distributes the software with the device, or

    · the software installer that distributes the software with the device.

    I have tried to find a contact within Dell that specifically deals with OEM licensing, however this is information we unfortunately do not have. I would advise that you contact Dell customer services. This is the telephone number for their Home/Comsumer department: 0844 444 4712

    Thank you.

    Kind regards,
    Olivia Fincham
    Microsoft
    0870 60 10 200
    ******************************* PLEASE DO NOT DELETE THIS SECTION *******************************

    CaseNumber Tracking#: 10057454

    EmailNumber Tracking#: 4

  • so now it time to go to DEll – I can see why this process is a pain!

    letter sent today

    Dell House
    The Boulevard
    Cain Road
    Bracknell
    Berkshire
    RG12 1LF

    25 November 2010

    LICENCE REFUND
    Sirs

    We recently purchased a laptop with embedded Microsoft Windows Vista Home premium from Amazon, receipt copy attached. It is an excellent laptop, but we did not find the Microsoft EULA terms acceptable, and so wish to take up the offer of a refund displayed on the laptop in your software as we have installed Ubuntu Linux instead from the first occasion of use.

    I refer you to the terms of the Microsoft Windows EULA acceptance screen on the product which says:

    “By using the software, you accept these terms. If you do not accept them, do not
    use the software. Instead, contact the manufacturer or installer to determine their
    return policy for a refund or credit.

    You can read the EULA on http://download.microsoft.com/Documents/UseTerms/Windows%20Vista_Home%20Premium_English_b6fbe7e6-f312-4692-8aee-f5b3d60987b4.pdf

    I have approached the retailer and Microsoft UK Ltd (see correspondence attached) who both confirm that as it is OEM installed software Dell is responsible for issuing a refund for the unused license.

    I am therefore approaching you directly for a reasonable offer of a refund of the unused Microsoft license, which you are entitled to collect (and CDs, license label etc) as you wish. This will bring the matter to a satisfactory close for us. For the avoidance of doubt, any outcome that does not result in compensation for Mercian Labels Ltd to cover the refused Microsoft license will result in further action culminating in litigation through the small claims track of the Count Court system where Dell UK will be named as the defendant.

    Yours faithfully
    MERCIAN LABELS LTD

    Dr Adrian Steele
    Managing Director

  • Edwin Cluck

    This it as an interesting thread! But it’s been abandoned as it got tantalisingly close to a resolution.

    What happened?! Did Dell cough up?

    I’m in the same boat. Dell Online Outlet has just supplied a very nice laptop, sadly with Microsoft Windows cluttering up the hard disk.

    For over 20 years, I’ve been a *nix user. The new Dell laptop could only be supplied with Windows 7 Home Premium pre-installed, along with various pieces of Microsoft “crapware” – ad-laden copies of Microsoft Office, etc.

    It’s aggrieving that Microsoft has taken my money for software that I neither needed, nor wanted.

    I’m painfully aware of Microsoft’s unethical business practices, not least the persistent allegations of the corporation’s involvement in the untimely and suspicious deaths of its business rivals. For more on that, see the opening words to Andrew Tanenbaum’s 2006 book on Operating Systems…

    For these reasons, I asked Dell for a refund on the cost of the bundled MS software. I was refused.

    Yet, I see that there have been fruitful recent court cases in France and Belgium, in which the litigants have successfully argued that the unrequested bundling of expensive software with the purchase of a new computer system is in breach of Directive 2005/29/EC, the Unfair Commercial Practices Directive.

    It could also be a reasonable legal argument that the terms of Microsoft’s End-User License Agreement cannot form part of the Contract of Sale, since that too would be unlawful.

    Under the 1999 Unfair Terms in Consumer Contract Regulations, the OFT Guidance is that it is considered unlawful to “irrevocably bind the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract” (See Schedule 2 to the Regulations.)

    http://www.legislation.gov.uk/uksi/1999/2083/schedules/made

  • Hi Edwin

    To answer your question, I didnt get a reply from Dell to my letter and I have not chased harder. I totally agree its very unfair, but ran out of time to pursue it. If you have any ideas then I would love to hear them!

    adrian