October 25, 2013 at 22:58Refund for Windows 8 on Lenovo Notebook Notebook
This post sets out my story on returning windows 8.
I bought a Lenovo laptop in a Notebook store. They managed to return the money in pre-trial order, for which many thanks to the store. It saved time for both me and you. It also reduced your costs for my lawyer (if I won the case, and I would definitely win), a fine of 50% of the transaction value, as well as the payment of forfeit. In addition, I would demand the return of the well-known cost of Windows 8, and not the amount that Lenovo determined.
Read what needs to be done to return the eight.
First of all, you need to get a return manual. You can download it here .
I read this training manual. Now you can listen to it like an audiobook. But keep in mind: this is complex material, so for a more detailed perception, you still need to have texts before your eyes. This audio method is for those who want to quickly familiarize themselves with the training manual. You can listen here .
pvp can update the training manual when free. A new excuse for sellers: a return for windows 8 is not possible, since the key is sewn into the BIOS.
среда 23 октября 2013
Первым делом я полез на сайт Lenovo, чтобы найти процедуру возврата компенсации за ос. Ничего даже близко к этой теме на их сайте найти не удалось. В интернете гуляет только нерабочая ссылка www.pc.ibm.com/europe/microsoft/ru/os_return_policy.html.
Единственное где можно хотя бы посмотреть что там было — web.archive.org/web/20120606043625/http://www.pc.ibm.com/europe/microsoft/ru/os_return_policy.html это последний бекап страницы на вебархиве.
Как обстоит дело с возвратом у них, вообще не совсем понятно. Должна же быть актуальная страница с описанием процедуры!
На этом форуме выложена чуть подправленная версия заявления, вытащенная с вебархива, в формате odt
четверг 24 октября 2013 12:13
I called in Lenovo (8 499 705 62 04).
Bottom line: the manufacturer kicks the buyer to the seller. Well, in general, it’s more convenient for me to immediately take money from the seller.
Saturday October 26, 2013 16:16 The
second call in Lenovo
Bottom line: Apparently, the player ru did not send a request. They misinform me. Lenovo says that information about the return is only for sellers. What the?? Let's make a competent request to them, with links to articles that they violate (failure to provide information?). And you also need to demand a refund, in the amount of the cost of the version of Windows, and not the amount that some uncle invented retroactively. In the training manual described. Now I will make a request.
Sunday October 27, 2013 3:21
PM TopComputer.ru A boorish operator with a touch of irony in his voice, interrupts, mows under the fool ...
Sunday, October 27, 2013 15:30
Digicam (digitik.ru)
Sunday October 27, 2013
3:38 p.m. Utinet
monday 28 october 12:43
Note
Monday October 28 13:37
Wow!
monday october 28 13:59
yulmart
Black list:
Gray list:
White list:
Correspondence with Notik and Lenovo is completed. Notic advised writing an official complaint, and Lenovo ignored the remark on the procedure.
Here is the correspondence with them.
Made an order for a laptop. In the comment on the order, he asked the seller to familiarize himself with the procedure for returning windows. The manager called. I told him once again that I was going to abandon the pre-installed small software. The manager said that for this you have to go to the service and complaints department, write a statement and they will return the money.
Came to the store. I bought it. Windu did not even turn it on, booted from a flash drive. I went to the service and complaints department (he is in the same building). When it came to me, I said that we would draw up a waiver from Windows. The man was surprised, said that he did not know this, and called the head of the department (I corresponded with her).
She said that they won’t return anything to me. She refused to accept the written declaration of refusal, saying that we didn’t get a refund, and this statement does not mean anything to them. In the end, I was asked to write a claim. I wrote to the complaint book that I intend to contact the Rospotrebnadzor, and I promised to send a complaint to the jurradres.
The next day, Alena called and said that Lenovo had informed them the rules of procedure. This conversation turned out to be very interesting. But I will not bring it, so as not to clutter up the article.
To return, I had to go through: a sales receipt, a statement, a Windows sticker, a serial sticker. All this I sent to the mail Alena. She sent these photos to suppliers, and they, in turn, in Lenovo. From Lenovo it was necessary to find out how much money I needed to return. After receiving confirmation from them, the answer goes down the chain.
The answer did not come. I asked several times in what condition the question is. About a week passed.
Prepared a claim, which I intended to send them to the yuradres. And just a minute before going to the post office, a letter arrived that you can come to collect money.
On November 13, 2013, I arrived at the store, gave the original disclaimer, on which the Windows sticker was pasted. I wrote a repair request, where in the malfunction I indicated the Windows 8 preset, and in the demand - that I ask you to return the money for it. All kinds of pieces of paper were reinforced there.
I went up to the cash desk with this, signed that the requirement was fulfilled, I have no complaints, struck out Windows 8 on the check and gave the money back.
Plus, I received a gift flash drive of 8 gigabytes from notation. At least some encouragement for choosing an expensive store =)
So, I spent all this 3 weeks. The result, of course, is positive, but not everyone is ready to spend so much time on socially useful work. Further it will be easier and easier, so I ask all the Khabrovites and visitors of the site: please, if you do not need windows, do not pay tribute to the nice ones. Try to get things done like me. From the positive aspects, it can be noted that I began to navigate much better in the Law on the Protection of Consumer Rights. This knowledge will not be superfluous. You see, more than once come in handy. I can also say that I pulled one store into the White List.
The next time I buy a computer, I will go to another store. And I will definitely make this return. If someone now plans to carry out the same operation as me, then go to the Topcomputer. They must be put in place for rudeness to the buyer.
Of course, it is advisable to disclose your story so that we all see the result.
Now about the complaint to the supervisory authorities. Lenovo does not notify consumers anywhere that it is possible to refuse Windows. On the website of their store there is an old age (outdated news) about the return procedure, in which there is no talk about windows 8. At first they decided to use this in the service department in Notika. So far I have changed my mind about filing a complaint with the FAS on Lenovo, because this is the only manufacturer that has determined the return procedure from the seller. It would be better to file a complaint against all other manufacturers who drive the consumer to the SC.
I bought a Lenovo laptop in a Notebook store. They managed to return the money in pre-trial order, for which many thanks to the store. It saved time for both me and you. It also reduced your costs for my lawyer (if I won the case, and I would definitely win), a fine of 50% of the transaction value, as well as the payment of forfeit. In addition, I would demand the return of the well-known cost of Windows 8, and not the amount that Lenovo determined.
Read what needs to be done to return the eight.
First of all, you need to get a return manual. You can download it here .
I read this training manual. Now you can listen to it like an audiobook. But keep in mind: this is complex material, so for a more detailed perception, you still need to have texts before your eyes. This audio method is for those who want to quickly familiarize themselves with the training manual. You can listen here .
pvp can update the training manual when free. A new excuse for sellers: a return for windows 8 is not possible, since the key is sewn into the BIOS.
Where is the information?
среда 23 октября 2013
Первым делом я полез на сайт Lenovo, чтобы найти процедуру возврата компенсации за ос. Ничего даже близко к этой теме на их сайте найти не удалось. В интернете гуляет только нерабочая ссылка www.pc.ibm.com/europe/microsoft/ru/os_return_policy.html.
Единственное где можно хотя бы посмотреть что там было — web.archive.org/web/20120606043625/http://www.pc.ibm.com/europe/microsoft/ru/os_return_policy.html это последний бекап страницы на вебархиве.
Как обстоит дело с возвратом у них, вообще не совсем понятно. Должна же быть актуальная страница с описанием процедуры!
На этом форуме выложена чуть подправленная версия заявления, вытащенная с вебархива, в формате odt
четверг 24 октября 2013 12:13
I called in Lenovo (8 499 705 62 04).
protocol
- Hello, tell me where can I find information about the return procedure?
- Have you already purchased a laptop or not?
- Not.
- And which laptop do you want to purchase?
- Lenovo IdeaPad Yoga 13
- It's with windows 8, right?
- Yes.
- Our database contains the following information: from the time of purchase, you have 15 days to contact the seller, but before that you do not need to activate windows.
- I.e. I turn to the seller, leave him a statement ...
- Yes, yes, yes ... that you refuse the operating system. After that, they have this return procedure.
- Can I see a sample statement somewhere?
- The seller should already know this procedure.
- I.e. I ask for a sample from him?
- Yes, he has all this information. After the acquisition already.
- Thanks.
- All the best.
- Have you already purchased a laptop or not?
- Not.
- And which laptop do you want to purchase?
- Lenovo IdeaPad Yoga 13
- It's with windows 8, right?
- Yes.
- Our database contains the following information: from the time of purchase, you have 15 days to contact the seller, but before that you do not need to activate windows.
- I.e. I turn to the seller, leave him a statement ...
- Yes, yes, yes ... that you refuse the operating system. After that, they have this return procedure.
- Can I see a sample statement somewhere?
- The seller should already know this procedure.
- I.e. I ask for a sample from him?
- Yes, he has all this information. After the acquisition already.
- Thanks.
- All the best.
Bottom line: the manufacturer kicks the buyer to the seller. Well, in general, it’s more convenient for me to immediately take money from the seller.
Conversation with the manufacturer
Saturday October 26, 2013 16:16 The
second call in Lenovo
protocol
- In order to improve the quality of service, a call can be recorded and distributed.
[well, their system is dumb. You need to name the serial number, which I don’t have and repeat the robot several times that I don’t have it]
- Lenovo Support Center, Vadim. I'm listening.
- Hello, tell me, please, your number, so that you don’t immediately connect to the robot, but specifically to you.
- Press 0 to connect to the operator.
- And your specific number?
- We don’t have one, i.e. usually distributed on the first free operator.
- My question is long, and I would not want to explain everything from scratch to a new operator from scratch.
- Everything is registered with us in our database.
- Good. Once again, what's your name?
- Vadim.
- Vadim, I have such a question. I called here to customer support for a refund of the cost of the wasps, and they told me that the seller is responsible for the return.
- Yes, that's right.
- However, after calling the seller, it turned out that the seller was not doing this (their experts do not practice this). In this case, who is to blame? Lenovo or a store?
- In principle, you were correctly told that sellers are doing this. If the seller is not familiar with the return policy, give them our number and we will email them the operating system return policy.
- Specifically, the seller Player ru. They said that they did not do this and did not know. I told them that I called you already. They should have sent you a request about the instructions. You can check?
- Good. And when exactly did you talk to them?
- The conversation was on Thursday or Friday.
- What is their email address?
- Well, probably, “player ru” should be present in the name.
“Just a second, please ... Unfortunately, no.” No request came from them.
- OK, fine. And another question: why on the site there is no information about this procedure and how then should the buyer even know that this is possible?
- In principle, this procedure is confidential and only for sellers.
“But the buyer must somehow find out that such a procedure exists.” And instructions on how to proceed?
- Unfortunately, this is not on our site.
- You can give your email address where you can send a request and I will ask you to answer it in a letter.
- Well, please tell me your email address, I will send you a test letter.
- Mine@mail.ru
- I sent you. Please see if you have received.
- Yes, I received. I will send a request to him. Another question: how much is returned when win8 is abandoned?
- windows 8 simple?
- Name both that and that, for information.
- for windows 8 simple - 400r, for professional - 1600, in my opinion.
- Is this the exact information?
- Yes.
- Well thank you.
- All the best.
[well, their system is dumb. You need to name the serial number, which I don’t have and repeat the robot several times that I don’t have it]
- Lenovo Support Center, Vadim. I'm listening.
- Hello, tell me, please, your number, so that you don’t immediately connect to the robot, but specifically to you.
- Press 0 to connect to the operator.
- And your specific number?
- We don’t have one, i.e. usually distributed on the first free operator.
- My question is long, and I would not want to explain everything from scratch to a new operator from scratch.
- Everything is registered with us in our database.
- Good. Once again, what's your name?
- Vadim.
- Vadim, I have such a question. I called here to customer support for a refund of the cost of the wasps, and they told me that the seller is responsible for the return.
- Yes, that's right.
- However, after calling the seller, it turned out that the seller was not doing this (their experts do not practice this). In this case, who is to blame? Lenovo or a store?
- In principle, you were correctly told that sellers are doing this. If the seller is not familiar with the return policy, give them our number and we will email them the operating system return policy.
- Specifically, the seller Player ru. They said that they did not do this and did not know. I told them that I called you already. They should have sent you a request about the instructions. You can check?
- Good. And when exactly did you talk to them?
- The conversation was on Thursday or Friday.
- What is their email address?
- Well, probably, “player ru” should be present in the name.
“Just a second, please ... Unfortunately, no.” No request came from them.
- OK, fine. And another question: why on the site there is no information about this procedure and how then should the buyer even know that this is possible?
- In principle, this procedure is confidential and only for sellers.
“But the buyer must somehow find out that such a procedure exists.” And instructions on how to proceed?
- Unfortunately, this is not on our site.
- You can give your email address where you can send a request and I will ask you to answer it in a letter.
- Well, please tell me your email address, I will send you a test letter.
- Mine@mail.ru
- I sent you. Please see if you have received.
- Yes, I received. I will send a request to him. Another question: how much is returned when win8 is abandoned?
- windows 8 simple?
- Name both that and that, for information.
- for windows 8 simple - 400r, for professional - 1600, in my opinion.
- Is this the exact information?
- Yes.
- Well thank you.
- All the best.
Bottom line: Apparently, the player ru did not send a request. They misinform me. Lenovo says that information about the return is only for sellers. What the?? Let's make a competent request to them, with links to articles that they violate (failure to provide information?). And you also need to demand a refund, in the amount of the cost of the version of Windows, and not the amount that some uncle invented retroactively. In the training manual described. Now I will make a request.
Conversation with the seller
Sunday October 27, 2013 3:21
PM TopComputer.ru A boorish operator with a touch of irony in his voice, interrupts, mows under the fool ...
protocol
- In order to improve the quality of service, a call can be recorded and distributed.
- Shop, hello.
- Hello. I want to buy a Lenovo IdeaPad laptop from you and return the preinstalled Windows operating system. How does this procedure happen?
- What to return, I do not quite understand?
- The Windows operating system is installed on the laptop and I would like to return its cost, that is, refuse it in accordance with ...
- It is included in the price of the laptop.
- Yes I know.
- And in a guarantee. And we do not do any uh, well, tell me the product code, it will be easier.
- 20523357
- Well, here it goes, as it were, means the yoga 13th orange, here. Windows 8 is installed in it. What do you want to do?
- In accordance with the terms of the license agreement, I can refuse this operating system and get the price that was included from the seller ...
- From Microsoft you will have to receive this money.
- Not. This procedure must be carried out by the seller, in accordance with the conditions determined by the manufacturer. That is, you are a store.
- Not. We do not do this.
- I called Lenovo support, they said that if the seller is not aware of this procedure, he sends a request and they send him instructions on this procedure.
- We do not deal with these very same options for the sale of this or that. With us, this is included in the warranty. I can’t help you with anything.
- Not. The warranty applies only to "hardware", that is, only to the laptop itself.
“I understand you, young man.” I say what we can.
- That is, your store refuses to return the operating system, right?
- Well, it’s not that it refuses, we just don’t do these services.
- This “service” is defined by the manufacturer. That is, you ...
- We are not manufacturers. We are not required.
- ... in accordance with the law ...
- We are not obliged, young man. We are not required.
“Well, you can tell me where I can send this request in writing.”
- No, I can’t, I don’t know ... And the email is on our website. Service dog topcomputer dot ru.
“I will send a request there and ask you to answer it.” Thanks.
- You are welcome.
- Shop, hello.
- Hello. I want to buy a Lenovo IdeaPad laptop from you and return the preinstalled Windows operating system. How does this procedure happen?
- What to return, I do not quite understand?
- The Windows operating system is installed on the laptop and I would like to return its cost, that is, refuse it in accordance with ...
- It is included in the price of the laptop.
- Yes I know.
- And in a guarantee. And we do not do any uh, well, tell me the product code, it will be easier.
- 20523357
- Well, here it goes, as it were, means the yoga 13th orange, here. Windows 8 is installed in it. What do you want to do?
- In accordance with the terms of the license agreement, I can refuse this operating system and get the price that was included from the seller ...
- From Microsoft you will have to receive this money.
- Not. This procedure must be carried out by the seller, in accordance with the conditions determined by the manufacturer. That is, you are a store.
- Not. We do not do this.
- I called Lenovo support, they said that if the seller is not aware of this procedure, he sends a request and they send him instructions on this procedure.
- We do not deal with these very same options for the sale of this or that. With us, this is included in the warranty. I can’t help you with anything.
- Not. The warranty applies only to "hardware", that is, only to the laptop itself.
“I understand you, young man.” I say what we can.
- That is, your store refuses to return the operating system, right?
- Well, it’s not that it refuses, we just don’t do these services.
- This “service” is defined by the manufacturer. That is, you ...
- We are not manufacturers. We are not required.
- ... in accordance with the law ...
- We are not obliged, young man. We are not required.
“Well, you can tell me where I can send this request in writing.”
- No, I can’t, I don’t know ... And the email is on our website. Service dog topcomputer dot ru.
“I will send a request there and ask you to answer it.” Thanks.
- You are welcome.
Sunday, October 27, 2013 15:30
Digicam (digitik.ru)
Hidden text
- In order to improve the quality of service, a conversation can be recorded and distributed.
- Shop, Sergey. Good afternoon.
- Hello, I want to buy a Lenova IdeaPad Yoga 13 laptop in your store and abandon the pre-installed operating system. It has windows 8. How does this procedure work for you?
- This, well, at least with the seven, you had to write a statement in lenovo and until that time the laptop seemed to climb into the Lenovo service. So that they delete it all there.
- Can you write a statement in your store?
- Well, we did it once with Lenovo. The whole operation took about forty days.
- Wow!
- Now, wait five minutes, try to find.
- Are you looking for a procedure manual now?
- Yes. But something for now ... but it also seems to remain through the service. Well, yes, that is, through a service center.
- Last time you did in the store?
- Not. Well, that is, the laptop was left to us, we drove it to the Lenovo service center, there it was formatted accordingly and returned to us, we returned it back.
- Why so long?
- We basically drove him pretty quickly, and then just waited for the laptop from there, from the service.
- And can this procedure be done with the courier, if I make an order with delivery? Format it under him, give him these stickers, and ...
- No, it’s only through the service, because there will need confirmation that ... First, you will need to write a statement to refuse the operating system and this is only for self-delivery.
- Do you have application forms in the store, right?
- I think it’s possible to request a form; there it can even be in free form. In general, it was a couple of times this situation. Better to call back on Monday, I think they can clarify there.
- Thanks a lot.
- Really, a very rare situation. Call if that.
- Shop, Sergey. Good afternoon.
- Hello, I want to buy a Lenova IdeaPad Yoga 13 laptop in your store and abandon the pre-installed operating system. It has windows 8. How does this procedure work for you?
- This, well, at least with the seven, you had to write a statement in lenovo and until that time the laptop seemed to climb into the Lenovo service. So that they delete it all there.
- Can you write a statement in your store?
- Well, we did it once with Lenovo. The whole operation took about forty days.
- Wow!
- Now, wait five minutes, try to find.
- Are you looking for a procedure manual now?
- Yes. But something for now ... but it also seems to remain through the service. Well, yes, that is, through a service center.
- Last time you did in the store?
- Not. Well, that is, the laptop was left to us, we drove it to the Lenovo service center, there it was formatted accordingly and returned to us, we returned it back.
- Why so long?
- We basically drove him pretty quickly, and then just waited for the laptop from there, from the service.
- And can this procedure be done with the courier, if I make an order with delivery? Format it under him, give him these stickers, and ...
- No, it’s only through the service, because there will need confirmation that ... First, you will need to write a statement to refuse the operating system and this is only for self-delivery.
- Do you have application forms in the store, right?
- I think it’s possible to request a form; there it can even be in free form. In general, it was a couple of times this situation. Better to call back on Monday, I think they can clarify there.
- Thanks a lot.
- Really, a very rare situation. Call if that.
Sunday October 27, 2013
3:38 p.m. Utinet
Hidden text
- In order to improve the quality of service, a conversation can be recorded and distributed.
- Hello. The operator is listening.
- Hello. I would like to buy a Lenovo IdeaPad laptop and abandon the operating system preinstalled on it. How do you have this procedure?
- The manager will advise you in more detail. Don't have an order yet?
- Not.
- Do you plan to buy a laptop as an individual?
- Yes.
“Connecting you with a retail manager.” Have a good purchase.
- Hello, manager Pavel, I’m listening to you.
- Hello. I want to buy a Lenovo laptop and abandon the operating system preinstalled on it. It has the eighth windows. How do you have this procedure?
- Look. You have already chosen a computer and are on our site, right?
- Yes.
- Tell me the article of the laptop.
- 963869.13 - Do you
plan to receive in Moscow?
- Yes.
- This is lenovo idea pad yoga 13. On it stands Windows 8. And you want the seventh, huh?
- I want to abandon the operating system and get money back for it.
- Unfortunately, this cannot be done.
- In terms of? How is it possible?
- And it immediately comes preinstalled. Because your computer will be in the box and Windows 8 will already be preinstalled there.
- I know. I say that I want to abandon her. There, in accordance with the license agreement in the Microsoft agreement, it is written that I can refuse it and demand that the seller return the funds paid for it. They are included in the price of the laptop.
- Now I will try to clarify this issue, because this is the first time a person wants to return the Windows that is installed on the computer. Thanks for waiting. You see, we have all these laptops supplied by the manufacturer and this is factory Windows 8. Unfortunately, we cannot ... You see, he comes to us closed in a box. We can’t take it open ourselves and start deleting something there.
- I understand. I purchase it, open it, then I write you a refusal statement and the store should return the funds to me. So I ask how?
- As for the refund, I can not say.
- I called Lenovo, the manufacturer. They said that if the seller is not aware of how this procedure happens, then he must send them a request and will send you lenovo. Their phone number is 8 (499) 7056204. Can you tell me the email from which the request will be made so that I can ask them in what condition the request is?
- We have one email - this is yutinet ru. We do not have any personal. You see, it’s just not a fact that you are in this case ... Unfortunately, I don’t have any senior people right now. This already needs to be decided ... I don’t know just how to tell you, because we have never returned money ...
- Here is the manufacturer and said that if the seller is not up to date, then he should make a request in lenovo, and they should send instructions.
“It is not a fact that those who are older will say,“ Yes, well, do it. ” This is necessary for the organization to do this too. I can’t tell you that I’ll return the money now and that’s it. This issue will not be decided by me.
- I see. Then tell those who are higher than you to ...
- I will clarify this question. Your phone number?
- 8 916.
- I will now try to find out generally about this issue, what and how in general. I’ll call you and tell you whether this is possible or not.
[call to mobile]
- I specified. Unfortunately, they said that this is impossible.
- You called Lenovo and said that it was impossible ???
- I did not call Lenovo, but I talked with my elders. They said it was impossible. We have completely Windows 8.
- And when will these be yours, as you yourself called them "elders", to talk to them?
- This is only on Monday.
“Are they only on weekdays?”
- Yes. But, unfortunately, this is not possible. I doubt as though ... They said because firstly we will send you, and this is at your discretion. And even more so by the way, the Lena ideapad, yoga which, it’s like a tablet, can be skzazhen.
- Yes, I know. I just want to return windows and put Linux on it. It is actually possible to do this, just some stores impede this procedure. Tell the store email where you can send the request.
“And why don't you buy from Lenova herself?”
- I want to buy from you, because it’s cheaper for you.
- Unfortunately, I doubt that this will be possible.
- Tell the store email.
- It is on the site, if you open it. Our mail is sort of tied. I can only say my mail - this is the maximum.
- I need a store mail. I want to ask, so to speak, officially, why is there no such procedure?
- I do not have a general mail. No general mail.
- Tell me yours then. Is this your work?
- This is a working one.
- Well, that is, there you can formally file a request, right?
- It is you who will send me a letter, I will answer you the same.
- I will try then to call when there are "elders."
- So, look at the site below ... There is a "complain." Try writing it there.
- Good. I get it. Thanks.
- Goodbye, goodbye. My name is Pavel, my extension number is 583. Want to order something, “without it,” call help.
- Good. Thanks.
- Hello. The operator is listening.
- Hello. I would like to buy a Lenovo IdeaPad laptop and abandon the operating system preinstalled on it. How do you have this procedure?
- The manager will advise you in more detail. Don't have an order yet?
- Not.
- Do you plan to buy a laptop as an individual?
- Yes.
“Connecting you with a retail manager.” Have a good purchase.
- Hello, manager Pavel, I’m listening to you.
- Hello. I want to buy a Lenovo laptop and abandon the operating system preinstalled on it. It has the eighth windows. How do you have this procedure?
- Look. You have already chosen a computer and are on our site, right?
- Yes.
- Tell me the article of the laptop.
- 963869.13 - Do you
plan to receive in Moscow?
- Yes.
- This is lenovo idea pad yoga 13. On it stands Windows 8. And you want the seventh, huh?
- I want to abandon the operating system and get money back for it.
- Unfortunately, this cannot be done.
- In terms of? How is it possible?
- And it immediately comes preinstalled. Because your computer will be in the box and Windows 8 will already be preinstalled there.
- I know. I say that I want to abandon her. There, in accordance with the license agreement in the Microsoft agreement, it is written that I can refuse it and demand that the seller return the funds paid for it. They are included in the price of the laptop.
- Now I will try to clarify this issue, because this is the first time a person wants to return the Windows that is installed on the computer. Thanks for waiting. You see, we have all these laptops supplied by the manufacturer and this is factory Windows 8. Unfortunately, we cannot ... You see, he comes to us closed in a box. We can’t take it open ourselves and start deleting something there.
- I understand. I purchase it, open it, then I write you a refusal statement and the store should return the funds to me. So I ask how?
- As for the refund, I can not say.
- I called Lenovo, the manufacturer. They said that if the seller is not aware of how this procedure happens, then he must send them a request and will send you lenovo. Their phone number is 8 (499) 7056204. Can you tell me the email from which the request will be made so that I can ask them in what condition the request is?
- We have one email - this is yutinet ru. We do not have any personal. You see, it’s just not a fact that you are in this case ... Unfortunately, I don’t have any senior people right now. This already needs to be decided ... I don’t know just how to tell you, because we have never returned money ...
- Here is the manufacturer and said that if the seller is not up to date, then he should make a request in lenovo, and they should send instructions.
“It is not a fact that those who are older will say,“ Yes, well, do it. ” This is necessary for the organization to do this too. I can’t tell you that I’ll return the money now and that’s it. This issue will not be decided by me.
- I see. Then tell those who are higher than you to ...
- I will clarify this question. Your phone number?
- 8 916.
- I will now try to find out generally about this issue, what and how in general. I’ll call you and tell you whether this is possible or not.
[call to mobile]
- I specified. Unfortunately, they said that this is impossible.
- You called Lenovo and said that it was impossible ???
- I did not call Lenovo, but I talked with my elders. They said it was impossible. We have completely Windows 8.
- And when will these be yours, as you yourself called them "elders", to talk to them?
- This is only on Monday.
“Are they only on weekdays?”
- Yes. But, unfortunately, this is not possible. I doubt as though ... They said because firstly we will send you, and this is at your discretion. And even more so by the way, the Lena ideapad, yoga which, it’s like a tablet, can be skzazhen.
- Yes, I know. I just want to return windows and put Linux on it. It is actually possible to do this, just some stores impede this procedure. Tell the store email where you can send the request.
“And why don't you buy from Lenova herself?”
- I want to buy from you, because it’s cheaper for you.
- Unfortunately, I doubt that this will be possible.
- Tell the store email.
- It is on the site, if you open it. Our mail is sort of tied. I can only say my mail - this is the maximum.
- I need a store mail. I want to ask, so to speak, officially, why is there no such procedure?
- I do not have a general mail. No general mail.
- Tell me yours then. Is this your work?
- This is a working one.
- Well, that is, there you can formally file a request, right?
- It is you who will send me a letter, I will answer you the same.
- I will try then to call when there are "elders."
- So, look at the site below ... There is a "complain." Try writing it there.
- Good. I get it. Thanks.
- Goodbye, goodbye. My name is Pavel, my extension number is 583. Want to order something, “without it,” call help.
- Good. Thanks.
monday 28 october 12:43
Note
protocol
- Hello. I want to buy a laptop Lenovo IdeaPad Yoga 13. It has a Windows 8 operating system preinstalled on it. I do not need it and I want to refuse it. How does this happen in your store?
- It's impossible.
- How is this impossible? This is a regular operation, it is determined by the manufacturer. Any store should do this.
“We don’t have one.” We have with which system it is delivered from the supplier, with which it is sold.
- Do you have someone more competent in this matter?
“I explain to you, we don’t have one.” Any manager will tell you the same thing.
- I read on the Internet what was bought several times with the return of wasps in your store, and everything was fine.
- Without Windows, you can buy if the model originally went without windows.
- The fact is that the Windows license agreement says that you can refuse to accept the agreement and I can ask the seller to refund the money paid for the rights to use the OS, along with the computer.
- I understand, but we don’t have such a “service” now on Windows 8. That is, if there is any system, it remains. You can carry it yourself.
“I can carry it myself.” But understand, I do not want to pay for what I do not need. Connect with a more competent operator.
- I can connect you with any person, he will say the same thing to you.
- I explain to you once again: in accordance with the law, I have every right to renounce the rights to wasps. I honestly did not expect to hear this in your store. I thought that everything was fine with the law. Then can your email to chat in writing?
- mail@notik.ru
- I called the manufacturer at Lenovo. They said that if the seller is not aware of this procedure, the seller should call them to request instructions from them. Their phone number ...
- Write a letter.
- Good.
- All the best.
- It's impossible.
- How is this impossible? This is a regular operation, it is determined by the manufacturer. Any store should do this.
“We don’t have one.” We have with which system it is delivered from the supplier, with which it is sold.
- Do you have someone more competent in this matter?
“I explain to you, we don’t have one.” Any manager will tell you the same thing.
- I read on the Internet what was bought several times with the return of wasps in your store, and everything was fine.
- Without Windows, you can buy if the model originally went without windows.
- The fact is that the Windows license agreement says that you can refuse to accept the agreement and I can ask the seller to refund the money paid for the rights to use the OS, along with the computer.
- I understand, but we don’t have such a “service” now on Windows 8. That is, if there is any system, it remains. You can carry it yourself.
“I can carry it myself.” But understand, I do not want to pay for what I do not need. Connect with a more competent operator.
- I can connect you with any person, he will say the same thing to you.
- I explain to you once again: in accordance with the law, I have every right to renounce the rights to wasps. I honestly did not expect to hear this in your store. I thought that everything was fine with the law. Then can your email to chat in writing?
- mail@notik.ru
- I called the manufacturer at Lenovo. They said that if the seller is not aware of this procedure, the seller should call them to request instructions from them. Their phone number ...
- Write a letter.
- Good.
- All the best.
Monday October 28 13:37
Wow!
protocol
- same start
- Thanks for waiting. There is no such service in our service.
- Why? This “service” is defined by the manufacturer. More precisely, this is not a “service”, but a procedure. This procedure should be performed by any store. I called the Lenovo service center, they said that if the seller is not aware of how this procedure happens, the store should call Lenovo and get instructions. I can tell their phone.
- Just a second. I clarified information regarding this situation. It is our store that does not participate in this promotion. Compensation occurs only in SC lenovo, or on their own according to the same instructions.
- That is, you can only buy from Windows?
- Yes.
- Where can I find instructions to act on it myself?
- Request exactly in lenovo instructions.
- Thanks.
- It's my pleasure.
- Thanks for waiting. There is no such service in our service.
- Why? This “service” is defined by the manufacturer. More precisely, this is not a “service”, but a procedure. This procedure should be performed by any store. I called the Lenovo service center, they said that if the seller is not aware of how this procedure happens, the store should call Lenovo and get instructions. I can tell their phone.
- Just a second. I clarified information regarding this situation. It is our store that does not participate in this promotion. Compensation occurs only in SC lenovo, or on their own according to the same instructions.
- That is, you can only buy from Windows?
- Yes.
- Where can I find instructions to act on it myself?
- Request exactly in lenovo instructions.
- Thanks.
- It's my pleasure.
monday october 28 13:59
yulmart
protocol
the beginning is the same.
- No way! You are just buying a new laptop with an operating system.
- I can refuse it according to eula.
- Unfortunately, you are purchasing completely finished goods from us, and you can refuse from wasps - you can only submit an application to Microsoft.
- To Microsoft?
- Yes.
- I called in ss lenovo. They said that if the seller is not aware of how this procedure happens, they should send a request to Lenovo, they will accordingly send you instructions so that the buyer can refuse directly in the store. This procedure is determined by the manufacturer.
“Then it's best for you to explain it in the store.” Because, well, we don’t have such procedures at all ...
- Tell me the mail of the store, where can I contact you in writing?
- sales.msk@ulmart.ru
- Thank you.
- All the best.
- No way! You are just buying a new laptop with an operating system.
- I can refuse it according to eula.
- Unfortunately, you are purchasing completely finished goods from us, and you can refuse from wasps - you can only submit an application to Microsoft.
- To Microsoft?
- Yes.
- I called in ss lenovo. They said that if the seller is not aware of how this procedure happens, they should send a request to Lenovo, they will accordingly send you instructions so that the buyer can refuse directly in the store. This procedure is determined by the manufacturer.
“Then it's best for you to explain it in the store.” Because, well, we don’t have such procedures at all ...
- Tell me the mail of the store, where can I contact you in writing?
- sales.msk@ulmart.ru
- Thank you.
- All the best.
Black list:
- Pleer.ru
+1 for the fact that buying from this store is something more difficult than headphones - make yourself problems. Mocking support. Each time they are forced to wait 10 minutes before a conversation, and sometimes after that they are reset. Do not mess! - TopComputer.ru
Boorish incompetent employees. - Yutinet
Consultant cannot decide anything without “adults”. - Wow
Explained that this is done in sc. At least they give information, but they still violate st16 sozpp
Gray list:
- digitik.ru (Digital)
Without any problems the first time explained how the procedure goes. Recommend.
White list:
- notik.ru (Note)
Now you can collect money for this Windows directly in the store.
Correspondence with Notik and Lenovo is completed. Notic advised writing an official complaint, and Lenovo ignored the remark on the procedure.
Here is the correspondence with them.
correspondence with Lenovo
Lenovo Support
Oct 26 at 16:22
From: "Lenovo Support"
To: akulovos@yandex.ru
Good afternoon!
You can contact us by replying to this letter.
Sincerely, Vadim,
Lenovo Technical Support Specialist
- Re: Lenovo Support
Oct. 26 at 18:09
From: "Andrei Akulov"
To: Lenovo Support
Hello.
I draw your attention to the fact that in order to improve the quality of service, a conversation can be published.
I ask you to send me a refund policy for the windows operating system preinstalled on the laptop, an application form for refusing windows, as well as instructions for the buyer in case the seller refuses to return the money paid for the right to use windows with the laptop.
Failure to receive a response from you within a week will be perceived by me as a refusal to fulfill the request.
- Re: Lenovo Support
Oct. 28 at 15:58
From: "Lenovo Support"
To: “'Andrei Akulov'”
Здравствуйте,
Информацию о возврате денежных средств за операционную систему windows можно найти тут:
www.lenovoplaza.ru/about/news/lenovo_opublikovala_pravila_vozvrata_stoimosti_operatsionnoy_sistemy_microsoft_windows_pri_otkaze_ko
Win 7 Starter – 300 рублей
Win 7 Home Premium – 1800 рублей
Win 7 Professional – 3000 рублей
Win8 standard – 400 рублей.
Win8 professional – 1800 рублей.
С уважением, Вадим,
специалист службы технической поддержки Lenovo
— Re: Lenovo Support
28 окт. в 16:27
От кого: «Акулов Андрей»
Кому: «Lenovo Support»
Thank you for the information, but there is no information on the windows 8 operating system under the link that you provided, and it is also impossible to download the application form. Please correct, since I need to send the seller official information from you.
During a telephone conversation with the operator (October 26, 2013 16:16), I asked what to do if the seller refuses to return the money. The operator advised you to give your phone number so that you send an email with a refund policy. But the problem is that some sellers (for example, TopKompyuter.ru, Notik.ru, Yulmart.ru) flatly refuse to carry out these actions and claim that this procedure is impossible. They did not even send you a request. What should I or you need to do in this case?
-
Oct 26 at 16:22
From: "Lenovo Support"
To: akulovos@yandex.ru
Good afternoon!
You can contact us by replying to this letter.
Sincerely, Vadim,
Lenovo Technical Support Specialist
- Re: Lenovo Support
Oct. 26 at 18:09
From: "Andrei Akulov"
To: Lenovo Support
Hello.
I draw your attention to the fact that in order to improve the quality of service, a conversation can be published.
I ask you to send me a refund policy for the windows operating system preinstalled on the laptop, an application form for refusing windows, as well as instructions for the buyer in case the seller refuses to return the money paid for the right to use windows with the laptop.
Failure to receive a response from you within a week will be perceived by me as a refusal to fulfill the request.
- Re: Lenovo Support
Oct. 28 at 15:58
From: "Lenovo Support"
To: “'Andrei Akulov'”
Здравствуйте,
Информацию о возврате денежных средств за операционную систему windows можно найти тут:
www.lenovoplaza.ru/about/news/lenovo_opublikovala_pravila_vozvrata_stoimosti_operatsionnoy_sistemy_microsoft_windows_pri_otkaze_ko
Win 7 Starter – 300 рублей
Win 7 Home Premium – 1800 рублей
Win 7 Professional – 3000 рублей
Win8 standard – 400 рублей.
Win8 professional – 1800 рублей.
С уважением, Вадим,
специалист службы технической поддержки Lenovo
— Re: Lenovo Support
28 окт. в 16:27
От кого: «Акулов Андрей»
Кому: «Lenovo Support»
Thank you for the information, but there is no information on the windows 8 operating system under the link that you provided, and it is also impossible to download the application form. Please correct, since I need to send the seller official information from you.
During a telephone conversation with the operator (October 26, 2013 16:16), I asked what to do if the seller refuses to return the money. The operator advised you to give your phone number so that you send an email with a refund policy. But the problem is that some sellers (for example, TopKompyuter.ru, Notik.ru, Yulmart.ru) flatly refuse to carry out these actions and claim that this procedure is impossible. They did not even send you a request. What should I or you need to do in this case?
-
correspondence with Notik
Refund for preinstalled windows
28 Oct. at 13:02
From: "Akulov Andrey"
To: mail@notik.ru
Hello!
I draw your attention to the fact that in order to improve the quality of service, a
conversation can be published.
I am going to buy a Lenovo IdeaPad Yoga 13 laptop (article number 24879). On
it Preset running windows 8 64 bit. In accordance with the terms of the
license agreement, I can not accept them and require the
seller to return the money paid for the right to use
this OS.
After calling the manufacturer, I found out that if the seller is not aware of how
this procedure is carried out, he should call
Lenovo Support (8 499 705 62 04) to request instructions on this
procedure.
Please send a request to Lenovo for these instructions and notify me of
this. I also ask you to name the email address from which the
request will be made in Lenovo, so that I can call them and make sure that you
really sent the request.
Failure to receive a response from you within a week will be perceived by me as a
refusal to fulfill the request.
- Fwd: Refund for preinstalled windows
Oct 28. at 13:23
From: "Komolov Victor"
To: “'akulovos@yandex.ru'”
Now such a procedure is not provided, since the OS activation key is sewn into the BIOS.
Sincerely,
Voitto Alyona - NOTIC Service and Complaints
Department Head
Phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
Sales Manager Viktor Komolov
(495 ) 777-0199, (499) 702-3035, 8 (800) 100-14-88
e-mail: komolov@notik.ru
- Re: Refunds for preinstalled windows
October 28. at 14:50
From: "Akulov Andrey"
To: “Komolov Victor”
If sales are already underway, and there is no return procedure now, then this is a violation of the
law on protection of competition article 11 (prohibition of restrictive
competition agreements) clause 5 (imposing on the counterparty the terms of the
contract that are unfavorable for him).
The terms of the contract that infringe on the rights of the consumer are
invalid.
The acquisition of the right to use the result of intellectual activity
(OS), which determines the acquisition of a computer, is a condition of the contract that
violates the consumer's rights.
There are no normative acts obliging the seller to complete the computer with the
operating system, therefore, the license agreement is
imposed on the buyer by the seller. Buyers are entitled to reimburse them
demand from the seller (clause 1, 2 of article 16 of the ЗЗЗПП).
In addition, the operating system is not a thing, but is the
result of intellectual activity and
can not be “used” in any way . The activation record for my copy of Microsoft os may be
canceled. Moreover, as far as I know, on the computer
I'm going to purchase, not the BIOS, but UEFI.
Another reason for not accepting the Microsoft license agreement is that the seller gives it as part of the computer’s contract of sale.
The buyer concludes it under the influence of misconception. Article 180 of the Civil Code gives the
buyer the opportunity to demand invalidation of not the entire
transaction, but only part of it.
Лицензионное соглашение Майкрософт, являющееся договором присоединения,
лишает прав, обычно предоставляемых по договорам такого вида, исключает
и ограничивает ответственность другой стороны и содержит явно
обременительные условия для присоединившейся стороны, которые она исходя
из своих разумно понимаемых интересов не приняла бы, при наличии у неё
возможности участвовать в определении условий договора (ст. 428ГК).
В соответствии со статьей 460 ГК, продавец обязан передать покупателю
товар свободным от любых прав третьих лиц. Неисполнение продавцом этой
обязанности дает покупателю право требовать уменьшения цены товара.
Я еще раз прошу Вас направить запрос в Lenovo по вопросу процедуры
return, notify me of this, and also ask you to name the email address from
which the request will be made in Lenovo so that I can call them and
make sure that you really sent the request.
Otherwise, I will be forced to file a complaint with the consumer and go to court.
- Fwd: Refund for preinstalled windows
Oct 28. at 15:23
From: “Voitto Alyona”
To: akulovos@yandex.ru
Andrey, good afternoon.
Currently, there are quite a few laptop models on which the OS is not preinstalled.
We offer various goods. The OEM version of the OS is installed at the factory, and we inform the buyer about this.
If this does not suit you, then you can refuse the contract of sale - we do not force you to do so.
We offer a specific product and indicate information about it that allows you to make the right choice.
If you want to use a laptop without an OS, you can choose a laptop without an OS.
We do not install OS before the sale of goods (unless the buyer makes an application for such a service).
If you want to receive a response from the company LENOVO, you can contact the contacts listed on their website.
Sincerely,
Voitto Alyona - NOTIC Service and Complaints
Department Head
Phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
----- Original Message -----
From: Komolov Viktor [mailto: komolov@notik.ru]
Sent: Monday, October 28, 2013 2:55 PM
To: 'pluton@notik.ru'; 'termjanen@notik.ru'
Subject: FW: FW: Refund for pre-installed windows
Sales Manager Komolov Viktor
(495) 777-0199, (499) 702-3035, 8 (800) 100-14-88
e-mail: komolov@notik.ru
- Re: Refund for preinstalled windows
Oct 28 at 15:43
From: "Akulov Andrey"
To: Voitto Alyona
I am aware that there are laptops on the market on which the OS is not preinstalled.
However, I am forced to opt for a laptop with a preinstalled
Windows OS, since there are no similar models without an OS.
I appreciate your respect for the buyer that you notify them of the OS
preinstalled on the computer. However, I require you to comply with the
law and not obstruct the ability to return the value of the OS.
Honestly, I did not expect this from your store. They
wrote reviews about you on the Internet that although you have not the lowest prices,
everything is in order with law-abidingness.
The OEM license in plain text says that the buyer has the right to
return. ZOZPP allows you to apply for a refund directly to the seller.
This transaction is feigned: the seller is trying to hide under the guise of
one transaction another. As I already wrote, in accordance with article 180, the
buyer has the right to demand invalidation of not the entire
transaction, but only part of it.
You did not write me the email from which the request was made.
- Refund for preinstalled windows
28 Oct. at 16:32
From: "Komolov Victor"
To: “'akulovos@yandex.ru'”
Since our store does not complete the goods with the operating system, but the manufacturer does it, then all questions regarding the return of funds for the OS should be addressed exclusively to the manufacturer. Our store does not provide a refund for Windows 8.
Sales Manager Komolov Viktor
(495) 777-0199, (499) 702-3035, 8 (800) 100-14-88
e-mail: komolov@notik.ru
- Re: Refund for preinstalled windows
28 Oct. at 17:44
From: "Voitto Alyona"
To: “'Akulov Andrey'”
Andrey, if you are not satisfied with the goods, then you have the right to refuse the transaction.
You have informed us of all the properties of the goods, including the fact that the OS is installed by the manufacturer (we do not install it ourselves, thereby WE do not stipulate the contract for anything - we sell the goods that are manufactured and completed at the factory). If this does not suit you, then no one forces you to purchase such a product.
Some manufacturers previously had a refund procedure when they refused a preinstalled OS (in some cases, certain service centers were involved in this procedure), so you yourself can contact the LENOVO company for clarification (the procedure was previously described on their website, now there are no questions about Win8 no information).
Respectfully,
Voitto Alyona - NOTIC service and complaints
department manager
phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
- Re: Refund for preinstalled windows
Oct 28 . at 18:35
From: “Akulov Andrey”
To: Voitto Alyona
Alena, thanks for the answer.
I am aware that I have the right to refuse the transaction. But, as I already wrote, I also have the right to invalidate only part of the transaction. As I already wrote, if there is no similar model on sale without an operating system, the purchase of just such a computer is due to additional conditions with microsoft that are unacceptable to me.
You convince me that you are selling the goods that come from the manufacturer and do not carry out the return procedure, although you are obliged to transfer them free of the rights of third parties.
The Lenovo refusal procedure was previously available on the website at www.pc.ibm.com/europe/microsoft/ru/os_return_policy.html , but is now unavailable. I asked them for clarification, after which they prepared a valid link
www.lenovoplaza.ru/about/news/lenovo_opublikovala_pravila_vozvrata_stoimosti_operatsionnoy_sistemy_microsoft_windows_pri_otkaze_ko
There really is no information on returning windows 8, although they were given to me in a reply letter. I gave them a comment on this matter, now I am waiting for an answer from them.
In general, I should not worry about the interaction between the manufacturer and the retailer. I go to the manufacturer and to meet you and try to figure out who is to blame for this situation. I just have to get my money back for the rights to use wasps that I don’t want to buy, but the manufacturer thought what I wanted and included them in the price of the laptop in advance. You can find out details on the current situation by clicking on the link habrahabr.ru/post/199080
Please try to agree with Lenovo how to solve this issue with the return of wasps. If the parties do not agree, I will file a complaint with Consumer Supervision against Notik, and against Lenovo with the Federal Antimonopoly Service. Now I am preparing the text of the complaint. If the store agrees with Lenovo to return, I ask you to notify me immediately.
Hope for understanding.
- Re: Refund for preinstalled windows
28 Oct. at 19:53
From: "Voitto Alyona"
To: “'Akulov Andrey'”
Andrei,
There was never any information on the links you indicated about Win8 OS.
According to previous Win family OS, there was a procedure. And it provided for the formatting of the hard drive and the removal of the sticker, as a guarantee of the authenticity of the OS.
Now there is no such possibility, since the key is not transmitted to the buyer on the sticker.
If you are already so tuned, then write an official complaint. We will consider it, but for now there is an unofficial correspondence between us, in which I cannot even identify you as a subject of legal space.
Sincerely,
Voitto Alyona - NOTIC Service and Complaints
Department Head
Phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
-
28 Oct. at 13:02
From: "Akulov Andrey"
To: mail@notik.ru
Hello!
I draw your attention to the fact that in order to improve the quality of service, a
conversation can be published.
I am going to buy a Lenovo IdeaPad Yoga 13 laptop (article number 24879). On
it Preset running windows 8 64 bit. In accordance with the terms of the
license agreement, I can not accept them and require the
seller to return the money paid for the right to use
this OS.
After calling the manufacturer, I found out that if the seller is not aware of how
this procedure is carried out, he should call
Lenovo Support (8 499 705 62 04) to request instructions on this
procedure.
Please send a request to Lenovo for these instructions and notify me of
this. I also ask you to name the email address from which the
request will be made in Lenovo, so that I can call them and make sure that you
really sent the request.
Failure to receive a response from you within a week will be perceived by me as a
refusal to fulfill the request.
- Fwd: Refund for preinstalled windows
Oct 28. at 13:23
From: "Komolov Victor"
To: “'akulovos@yandex.ru'”
Now such a procedure is not provided, since the OS activation key is sewn into the BIOS.
Sincerely,
Voitto Alyona - NOTIC Service and Complaints
Department Head
Phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
Sales Manager Viktor Komolov
(495 ) 777-0199, (499) 702-3035, 8 (800) 100-14-88
e-mail: komolov@notik.ru
- Re: Refunds for preinstalled windows
October 28. at 14:50
From: "Akulov Andrey"
To: “Komolov Victor”
If sales are already underway, and there is no return procedure now, then this is a violation of the
law on protection of competition article 11 (prohibition of restrictive
competition agreements) clause 5 (imposing on the counterparty the terms of the
contract that are unfavorable for him).
The terms of the contract that infringe on the rights of the consumer are
invalid.
The acquisition of the right to use the result of intellectual activity
(OS), which determines the acquisition of a computer, is a condition of the contract that
violates the consumer's rights.
There are no normative acts obliging the seller to complete the computer with the
operating system, therefore, the license agreement is
imposed on the buyer by the seller. Buyers are entitled to reimburse them
demand from the seller (clause 1, 2 of article 16 of the ЗЗЗПП).
In addition, the operating system is not a thing, but is the
result of intellectual activity and
can not be “used” in any way . The activation record for my copy of Microsoft os may be
canceled. Moreover, as far as I know, on the computer
I'm going to purchase, not the BIOS, but UEFI.
Another reason for not accepting the Microsoft license agreement is that the seller gives it as part of the computer’s contract of sale.
The buyer concludes it under the influence of misconception. Article 180 of the Civil Code gives the
buyer the opportunity to demand invalidation of not the entire
transaction, but only part of it.
Лицензионное соглашение Майкрософт, являющееся договором присоединения,
лишает прав, обычно предоставляемых по договорам такого вида, исключает
и ограничивает ответственность другой стороны и содержит явно
обременительные условия для присоединившейся стороны, которые она исходя
из своих разумно понимаемых интересов не приняла бы, при наличии у неё
возможности участвовать в определении условий договора (ст. 428ГК).
В соответствии со статьей 460 ГК, продавец обязан передать покупателю
товар свободным от любых прав третьих лиц. Неисполнение продавцом этой
обязанности дает покупателю право требовать уменьшения цены товара.
Я еще раз прошу Вас направить запрос в Lenovo по вопросу процедуры
return, notify me of this, and also ask you to name the email address from
which the request will be made in Lenovo so that I can call them and
make sure that you really sent the request.
Otherwise, I will be forced to file a complaint with the consumer and go to court.
- Fwd: Refund for preinstalled windows
Oct 28. at 15:23
From: “Voitto Alyona”
To: akulovos@yandex.ru
Andrey, good afternoon.
Currently, there are quite a few laptop models on which the OS is not preinstalled.
We offer various goods. The OEM version of the OS is installed at the factory, and we inform the buyer about this.
If this does not suit you, then you can refuse the contract of sale - we do not force you to do so.
We offer a specific product and indicate information about it that allows you to make the right choice.
If you want to use a laptop without an OS, you can choose a laptop without an OS.
We do not install OS before the sale of goods (unless the buyer makes an application for such a service).
If you want to receive a response from the company LENOVO, you can contact the contacts listed on their website.
Sincerely,
Voitto Alyona - NOTIC Service and Complaints
Department Head
Phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
----- Original Message -----
From: Komolov Viktor [mailto: komolov@notik.ru]
Sent: Monday, October 28, 2013 2:55 PM
To: 'pluton@notik.ru'; 'termjanen@notik.ru'
Subject: FW: FW: Refund for pre-installed windows
Sales Manager Komolov Viktor
(495) 777-0199, (499) 702-3035, 8 (800) 100-14-88
e-mail: komolov@notik.ru
- Re: Refund for preinstalled windows
Oct 28 at 15:43
From: "Akulov Andrey"
To: Voitto Alyona
I am aware that there are laptops on the market on which the OS is not preinstalled.
However, I am forced to opt for a laptop with a preinstalled
Windows OS, since there are no similar models without an OS.
I appreciate your respect for the buyer that you notify them of the OS
preinstalled on the computer. However, I require you to comply with the
law and not obstruct the ability to return the value of the OS.
Honestly, I did not expect this from your store. They
wrote reviews about you on the Internet that although you have not the lowest prices,
everything is in order with law-abidingness.
The OEM license in plain text says that the buyer has the right to
return. ZOZPP allows you to apply for a refund directly to the seller.
This transaction is feigned: the seller is trying to hide under the guise of
one transaction another. As I already wrote, in accordance with article 180, the
buyer has the right to demand invalidation of not the entire
transaction, but only part of it.
You did not write me the email from which the request was made.
- Refund for preinstalled windows
28 Oct. at 16:32
From: "Komolov Victor"
To: “'akulovos@yandex.ru'”
Since our store does not complete the goods with the operating system, but the manufacturer does it, then all questions regarding the return of funds for the OS should be addressed exclusively to the manufacturer. Our store does not provide a refund for Windows 8.
Sales Manager Komolov Viktor
(495) 777-0199, (499) 702-3035, 8 (800) 100-14-88
e-mail: komolov@notik.ru
- Re: Refund for preinstalled windows
28 Oct. at 17:44
From: "Voitto Alyona"
To: “'Akulov Andrey'”
Andrey, if you are not satisfied with the goods, then you have the right to refuse the transaction.
You have informed us of all the properties of the goods, including the fact that the OS is installed by the manufacturer (we do not install it ourselves, thereby WE do not stipulate the contract for anything - we sell the goods that are manufactured and completed at the factory). If this does not suit you, then no one forces you to purchase such a product.
Some manufacturers previously had a refund procedure when they refused a preinstalled OS (in some cases, certain service centers were involved in this procedure), so you yourself can contact the LENOVO company for clarification (the procedure was previously described on their website, now there are no questions about Win8 no information).
Respectfully,
Voitto Alyona - NOTIC service and complaints
department manager
phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
- Re: Refund for preinstalled windows
Oct 28 . at 18:35
From: “Akulov Andrey”
To: Voitto Alyona
Alena, thanks for the answer.
I am aware that I have the right to refuse the transaction. But, as I already wrote, I also have the right to invalidate only part of the transaction. As I already wrote, if there is no similar model on sale without an operating system, the purchase of just such a computer is due to additional conditions with microsoft that are unacceptable to me.
You convince me that you are selling the goods that come from the manufacturer and do not carry out the return procedure, although you are obliged to transfer them free of the rights of third parties.
The Lenovo refusal procedure was previously available on the website at www.pc.ibm.com/europe/microsoft/ru/os_return_policy.html , but is now unavailable. I asked them for clarification, after which they prepared a valid link
www.lenovoplaza.ru/about/news/lenovo_opublikovala_pravila_vozvrata_stoimosti_operatsionnoy_sistemy_microsoft_windows_pri_otkaze_ko
There really is no information on returning windows 8, although they were given to me in a reply letter. I gave them a comment on this matter, now I am waiting for an answer from them.
In general, I should not worry about the interaction between the manufacturer and the retailer. I go to the manufacturer and to meet you and try to figure out who is to blame for this situation. I just have to get my money back for the rights to use wasps that I don’t want to buy, but the manufacturer thought what I wanted and included them in the price of the laptop in advance. You can find out details on the current situation by clicking on the link habrahabr.ru/post/199080
Please try to agree with Lenovo how to solve this issue with the return of wasps. If the parties do not agree, I will file a complaint with Consumer Supervision against Notik, and against Lenovo with the Federal Antimonopoly Service. Now I am preparing the text of the complaint. If the store agrees with Lenovo to return, I ask you to notify me immediately.
Hope for understanding.
- Re: Refund for preinstalled windows
28 Oct. at 19:53
From: "Voitto Alyona"
To: “'Akulov Andrey'”
Andrei,
There was never any information on the links you indicated about Win8 OS.
According to previous Win family OS, there was a procedure. And it provided for the formatting of the hard drive and the removal of the sticker, as a guarantee of the authenticity of the OS.
Now there is no such possibility, since the key is not transmitted to the buyer on the sticker.
If you are already so tuned, then write an official complaint. We will consider it, but for now there is an unofficial correspondence between us, in which I cannot even identify you as a subject of legal space.
Sincerely,
Voitto Alyona - NOTIC Service and Complaints
Department Head
Phone: +7 (926) 117-14-01 (-02, -03)
e-mail: elter@notik.ru
icq: 635207645
-
Made an order for a laptop. In the comment on the order, he asked the seller to familiarize himself with the procedure for returning windows. The manager called. I told him once again that I was going to abandon the pre-installed small software. The manager said that for this you have to go to the service and complaints department, write a statement and they will return the money.
Return procedure
Came to the store. I bought it. Windu did not even turn it on, booted from a flash drive. I went to the service and complaints department (he is in the same building). When it came to me, I said that we would draw up a waiver from Windows. The man was surprised, said that he did not know this, and called the head of the department (I corresponded with her).
She said that they won’t return anything to me. She refused to accept the written declaration of refusal, saying that we didn’t get a refund, and this statement does not mean anything to them. In the end, I was asked to write a claim. I wrote to the complaint book that I intend to contact the Rospotrebnadzor, and I promised to send a complaint to the jurradres.
The next day, Alena called and said that Lenovo had informed them the rules of procedure. This conversation turned out to be very interesting. But I will not bring it, so as not to clutter up the article.
To return, I had to go through: a sales receipt, a statement, a Windows sticker, a serial sticker. All this I sent to the mail Alena. She sent these photos to suppliers, and they, in turn, in Lenovo. From Lenovo it was necessary to find out how much money I needed to return. After receiving confirmation from them, the answer goes down the chain.
The answer did not come. I asked several times in what condition the question is. About a week passed.
Prepared a claim, which I intended to send them to the yuradres. And just a minute before going to the post office, a letter arrived that you can come to collect money.
On November 13, 2013, I arrived at the store, gave the original disclaimer, on which the Windows sticker was pasted. I wrote a repair request, where in the malfunction I indicated the Windows 8 preset, and in the demand - that I ask you to return the money for it. All kinds of pieces of paper were reinforced there.
I went up to the cash desk with this, signed that the requirement was fulfilled, I have no complaints, struck out Windows 8 on the check and gave the money back.
Plus, I received a gift flash drive of 8 gigabytes from notation. At least some encouragement for choosing an expensive store =)
What to do next
So, I spent all this 3 weeks. The result, of course, is positive, but not everyone is ready to spend so much time on socially useful work. Further it will be easier and easier, so I ask all the Khabrovites and visitors of the site: please, if you do not need windows, do not pay tribute to the nice ones. Try to get things done like me. From the positive aspects, it can be noted that I began to navigate much better in the Law on the Protection of Consumer Rights. This knowledge will not be superfluous. You see, more than once come in handy. I can also say that I pulled one store into the White List.
The next time I buy a computer, I will go to another store. And I will definitely make this return. If someone now plans to carry out the same operation as me, then go to the Topcomputer. They must be put in place for rudeness to the buyer.
Of course, it is advisable to disclose your story so that we all see the result.
Now about the complaint to the supervisory authorities. Lenovo does not notify consumers anywhere that it is possible to refuse Windows. On the website of their store there is an old age (outdated news) about the return procedure, in which there is no talk about windows 8. At first they decided to use this in the service department in Notika. So far I have changed my mind about filing a complaint with the FAS on Lenovo, because this is the only manufacturer that has determined the return procedure from the seller. It would be better to file a complaint against all other manufacturers who drive the consumer to the SC.
Only registered users can participate in the survey. Please come in.
Did you manage to get your money back for Windows?
- 86.1% None. I did not return. 442
- 7.6% None. I could not get a refund. 39
- 6.2% Yes, my money was returned to me 32