April 3, 2007 at 15:42The first attempt to get compensation for the removal of WinXP in Russia
As you know, the cost of any computer in the store includes the cost of the operating system. And if Windows is installed there, then the premium can be quite significant, even if you do not need this OS at all. Recently, residents of the United States and Great Britain sometimes manage to get compensation of about $ 100-200 for removing the Windows XP operating system from a computer they just bought. Is this possible in Russia? Finally, there were those who wanted to verify this.
Such a letter was sent by habrachelov alexkbs alexkbs to the Moscow and European representative offices of Toshiba - this case is being discussed in the linux_ru community .
The European representative office is still silent, but an answer has already arrived from the Toshiba Moscow office, in which the buyer is refused to compensate for the cost of Windows and is offered to "return the laptop as a complete solution (product) to the seller."
In response to this, alexkbs alexkbs rightly observes that this is a Microsoft license agreement ( PDF), while there is not a single official document saying that “Toshiba delivers a laptop as a holistic solution that includes hardware and software.” At the same time, the law “On the Protection of Consumer Rights” prohibits “stipulating the purchase of certain goods (works, services) by the obligatory purchase of other goods (works, services)”. The law reads: “Losses caused to the consumer as a result of violation of his right to free choice of goods (work, services) are fully compensated by the seller (contractor)”.
How the “people versus Toshiba” process will end - time will tell. The case is being prepared for trial. We only note that in the USA a similar process ended with the victory of the people , and in the UKPC makers surrendered without even bringing the case to court .
RELATED:
A selection of stories about similar cases in Western practice.
Letter to the address notebooks@toshiba.com.ru
Hello! Bought a new Toshiba Tecra A8 laptop. At the first download, we were asked to read the license agreement and agree or disagree. We read it and did not agree to accept it. Later we decided to use the Linux OS.
The agreement states that in case of disagreement, we must contact you (the manufacturer) on the issue of returning unused software and receiving a monetary refund. Please explain how we can get our money back for the Microsoft Windows we don’t need.
Notebook serial number: ...
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Regards.
Such a letter was sent by habrachelov alexkbs alexkbs to the Moscow and European representative offices of Toshiba - this case is being discussed in the linux_ru community .
The European representative office is still silent, but an answer has already arrived from the Toshiba Moscow office, in which the buyer is refused to compensate for the cost of Windows and is offered to "return the laptop as a complete solution (product) to the seller."
In response to this, alexkbs alexkbs rightly observes that this is a Microsoft license agreement ( PDF), while there is not a single official document saying that “Toshiba delivers a laptop as a holistic solution that includes hardware and software.” At the same time, the law “On the Protection of Consumer Rights” prohibits “stipulating the purchase of certain goods (works, services) by the obligatory purchase of other goods (works, services)”. The law reads: “Losses caused to the consumer as a result of violation of his right to free choice of goods (work, services) are fully compensated by the seller (contractor)”.
How the “people versus Toshiba” process will end - time will tell. The case is being prepared for trial. We only note that in the USA a similar process ended with the victory of the people , and in the UKPC makers surrendered without even bringing the case to court .
RELATED:
A selection of stories about similar cases in Western practice.