Why Should You Ask for a Refund?

What you have bought

When you buy a brand computer with pre-installed software, legally speaking, you buy two distinct items. On the one hand, a material good : the machine machine, which fully belongs to you as of the purchase. On the other hand, services : each license agreement rules how you may use pre-installed software.

Opening up a new laptop computer. In the present case, our attention is drawn towards a written notice (see other illustration for details).

Why a reimbursement?

Inasmuch as the use of each piece of software is ruled by a specific contract (called EULA), it is necessary that you approve its terms and conditions before you use the software. This is true for pre-installed software but also for software purchased separately as long as the contract cannot be read in the reseller's store.

You thus have the possibility to decline the contract that appears (in principle that of the operating system should appear first) and hence to be reimbursed for the service that you do not wish. The terms of the contract themselves mention this possibility.

Some manufacturers try to oppose the effects of this clause. Either by offering only the return of the whole product (hardware+software) in their General Sales Conditions, either by adding a written notice that is not part of the EULA and that you discover when opening up your new computer: "Whatever the contents of the documentation that accompanies your computer, our company does not accept the return of the included software even if they have been deleted from the computing system. No prorata reimbursement of included software, including the operating system, will be accepted".

You have two options:

• return the machine to the reseller. Depending on the GSC: based on missing information on an essential element of the sales conditions, or without any justification if within 7 days from reception in the case of a mail purchase. However, beware of postage or return fees!
• after declining the EULA, write your reimbursement request and make it clear to the manufacturer that their terms or this clause of their GSC cannot be imposed on you because it is abusive and when applicable because you were not informed about it beforehand.

The reimbursement clause

It is at the beginning of the End User License Agreement (EULA). Depending on the computer brand it may differ, sometimes with abusive formulations. Here is what it generally looks like. In fact, there exists an EULA for each of the different pieces of software installed on the computer. They will probably not appear at all once you have declined the EULA for the operating system. Declining this EULA thus implies declining all other EULAs.

Whom should you contact?

You should normally contact the manufacturer. This is the meaning of the term "OEM" associated with the license. It means "Original Equipment Manufacturer license" and concerns a piece of software integrated into a product that is acknowledged by the manufacturer as being under his responsibility. The manufacturer has purchased the licenses from the editor at low cost in large quantities, and it resells them with the machines.

This is a rare case where the manufacturer has added a written notice mentioning the possibility of obtaining a reimbursement, that the client can read when opening up his new computer.

Next page: Purchase Guide.

• Why Should You Ask for a Refund?
• Purchase Guide
• After the Purchase: Declining the EULA
• The Refund Request
• The Manufacturer's Answer
• Attempt at Settlement
• Going to Court