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Old 09-21-2006, 06:50 AM   #1
Shagbag
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Can I get a refund on my Windows XP license?


If I buy a brand new laptop with Windows XP already installed, can I obtain a refund here in the UK for it? If so, how?

Kind regards
 
Old 09-21-2006, 07:00 AM   #2
b0uncer
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No I don't think you can get any refund. You buy a laptop plus a copy of Windows. And the laptop isn't sold without Windows, so you're kinda forced to do so (it's a contract of blood money between MS, the seller and you). Your only option at the time is, as far as I know, to try and find a laptop that's sold either without an operating system, or with a DOS (I've heard there are or at least were such things, to get the price down without breaking the deal).

Well, one refund way is to sell the Windows copy on, except that I'm not sure if you can do that..legal things, read the docs from MS. If you've bought a laptop and MS Windows, you've bought them.

It's the same situation as if you buy a car; you buy the whole thing, even if you didn't want to buy the left side wheels - they just belong into the package, and that's it.
 
Old 09-21-2006, 07:37 AM   #3
PsypherPunk
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Read the agreement that came with the laptop. Chances are it will state that yes, you can get a refund if you never use the Windows installation. However, actually getting it is another matter...
 
Old 09-21-2006, 07:41 AM   #4
deroB
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It may be possible in the UK, but I dare say it will be alot of work.

Check out this story from Australia, it is old, but still worth a read:
http://www.netcraft.com.au/geoffrey/toshiba.html
 
Old 09-21-2006, 09:12 AM   #5
Shagbag
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Thanks for the responses. I read deroB's link and it makes perfect sense. Fortunately, I have some legal training and am familiar with English & Welsh Contract Law and the small claims track of the County Court.

My only concern is the words 'a refund' in the EULA. There is no set amount for the refund so I'll have to adjust my expectations accordingly

It also looks like I'll have an easier time if I purchase my PC from PC World or Currys and NOT over the internet.
 
Old 09-21-2006, 04:48 PM   #6
reddazz
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Moved: This thread is more suitable in the General Forum and has been moved accordingly to help your thread/question get the exposure it deserves.
 
Old 09-21-2006, 06:29 PM   #7
bulliver
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The Windows XP EULA (which you are required to read at first boot) indeed states in plain english that if you do not agree you can refund it for purchase price. Some have fought in small-claims court and won, mostly, in the US.

After you add up court costs, and the general hassle you will face, it is the path of least resistance to simply support a vendor that will sell you a laptop with no OS, even if it costs more. Even better, support a vendor that supports Linux in the first place, ie: Emperor Penguin or Penguin Computing.

'Course, being in th UK may make this prohibitively expensive.

Here is more reading on the issue:
http://www.linuxjournal.com/article/7040

Edit: the most important factor in getting a refund, if you do buy an XP preinstalled lappie: is _DO NOT_ boot it up. Not even for a quick peek. If you do your claim is lost. Read the EULA, and click "no, I don't agree'.

Last edited by bulliver; 09-21-2006 at 06:32 PM.
 
Old 09-21-2006, 06:56 PM   #8
thorn168
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If you would like to purchase a laptop with linux pre-intstalled you can check out the systems at: www.system76.com.
 
Old 09-21-2006, 07:02 PM   #9
rkelsen
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Quote:
Originally Posted by Shagbag
If I buy a brand new laptop with Windows XP already installed, can I obtain a refund here in the UK for it? If so, how?
Selling it on Ebay is probably the best option, as long as it's still shrink wrapped. There are some shrink wrapped originals on Ebay Australia at the moment with many bids currently at 70% to 75% of full retail. That's much better than whatever you'll get from a manufacturer, and with none of the hassle.
 
Old 09-21-2006, 07:09 PM   #10
bulliver
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Quote:
Selling it on Ebay is probably the best option, as long as it's still shrink wrapped. There are some shrink wrapped originals on Ebay Australia at the moment with many bids currently at 70% to 75% of full retail. That's much better than whatever you'll get from a manufacturer, and with none of the hassle.
That will not work with a laptop (nor most desktops). The OS is preinstalled, and usually, the only disks you get are "software recovery" CDs produced by the manufacturer. You do not generally get a shrinkwrapped official Microsoft disk.

In fact, when I bought my laptop I tried giving the XP CD to my brother, but it refused to install on his box because it checked and found the computer was not a Compaq laptop...
 
Old 09-21-2006, 09:56 PM   #11
vharishankar
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I'm sure EULAs can be contested in a court of law and if the guy who sold you the lappie didn't tell you in advance that XP was preinstalled, I'm sure you can sue him as well.

Of course, consider the costs and hassles of doing all this first. Many laptops sold do come with a FreeDOS version so I think you can get one without Windows.
 
  


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