Hi Michael,
Michael Clark wrote:
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.
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.
Currently that appears to be my best option, as I am unfortunately not
prepared to take HP to (small claims) court unless absolutely necessary
for various personal reasons.
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).
Sorry I should of included the clause in the first place, it states that:
[...]
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.
[...]
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.
Currently HP is willing to refund the whole machine, but not just
Windows and are citing "official policy" (that has obviously been
recently drawn up). At the EULA agreement screen two licenses are shown.
One for Windows Vista Home Premium and one for the HP software (and
possibly the machine, I was not able to decipher the legalese). It
looked very similar to [1].
HP have admitted that the above policy is only for Singapore and not
applied internationally, they are not aware of international policy and
are currently waiting on there Singapore legal dept. regarding the
legality of the claim (in Singapore). They have been reasonably helpful,
if not somewhat slow this issue now nearing two weeks since first raised
with them.
Thanks for all the support, and whatever the outcome I will most
certainly be publicizing it.
Regards, Nick.
[1] http://equiliberate.org/image/vistaeula.jpg (no affiliation to me)
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