On Wed, May 27, 2009 at 11:12:05PM +0100, Wayne Stallwood wrote:
AFAIK For OEM software it is the OEM that is responsible to honour that part of the agreement not Microsoft or the Retailer (if different from the OEM)
I /think/ that the license says "vendor" so it could be open to interpretation, but don't quote me on that :)
Last time I tried this trick with Toshiba they said that the laptop could only be sold as bundled with that OEM software (in this case Windows XP) and although I was entitled to return the machine in full if I didn't agree to the software terms,but if the machine had been used they were entitled to charge me a restocking fee.
I /think/ you can then tell them this is illegal under EU anti-compete laws (again, I could be totally wrong) and see what they say. It might get you put through to a supervisor at least if they think you might be going to cause more hassle. ;)
I still reckon Ted should say he wants to return on the basis that the machine is not "fit for purpose" under the sales of goods act as the supplied operating system is crap. ;)
Also, just after a bit of reading about the "pc performance" from this url http://www.pcworld.co.uk/store_doc/GE/mb/pcp/pcp-support-service.html
I note:
"If you have a complaint about the way in which the Support Agreement was sold, please contact PC World Customer Services"
Now, that sounds *very* odd to me, it would almost suggest that they have had problems in the past....
Anyhow, I would also be complaining to them now and trading standards as Ted has been charged for a product he didn't want to purchase, this would be some form of deception at very least and also potentially quite expensive for PC World, I'd at least expect them to refund the amount paid as the service was never used and cancelled at first opportunity unless they want to have some bad publicity (oh, hangon) and legal action taken against them.
Adam