Hi Nick,
Nick HS wrote:
I'm in the process of attempting to receive a refund for an unwanted
copy of Windows Vista Home Premium from a brand new HP Pavilion dv2
notebook, and have unfortunately appeared to have hit the "so sue us"
stage.
Unfortunately I don't have the necessary legal skills nor abilities to
take HP to Small Claims court (which seems to be the pattern for other
people) and am wondering what my options are? Has anyone tried this
before in Singapore? Does HP have a leg to stand on if I could take
them to Small Claims court?
I'm no legal expert but if you are a consumer and you have a complaint
with a business in Singapore then CASE may be able to help:
http://www.case.org.sg/
http://www.case.org.sg/making_a_complaint.html
There is a small fee to make a complaint and you need to become a
member. You can even do it online.
You will need to help them along with how HP have somehow violated their
agreement in terms of the sale of goods to you.
I believe you will need to find the clause in the EULA that says that if
you do not agree with it you are entitled to a refund for your copy of
windows (I may be wrong here but this is what I believe).
Their defense (HP) will of course be that they will give you the refund,
but it will be for the entire amount your paid and for your return of
the whole machine.
There is where I do not know how it has worked overseas, whereby the
consumer argument is that the offer in the EULA is only for a refund of
the Windows OS component and that this should be refunded independently
from the machine.
I'd suggest before you make the complaint, you track down the actual
EULA clause that entitles you to a refund before submitting to CASE.
Good Luck!!!
Michael.
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