product return

[PCUSer11111]

I recently purchased a computer software OEM version of windows xp from a computer store. Now i would like to return it but the store would not let me saying that its policy is that no software is returnable. Their case is that the product code is on the the package and cleary visible. When i looked at the receipt, which contained the return policy, it doesn't say in anway that software cannot be returned. When i told this to the manager he said one of the employees should have said this when i bought it, which i dont remember. Am i able to return the product?....I dont think it should matter even if one of his employees said that because it wasnt on the official return policy.

 

[HomeGuru]

I recently purchased a computer software OEM version of windows xp from a computer store. Now i would like to return it but the store would not let me saying that its policy is that no software is returnable. Their case is that the product code is on the the package and cleary visible. When i looked at the receipt, which contained the return policy, it doesn't say in anway that software cannot be returned. When i told this to the manager he said one of the employees should have said this when i bought it, which i dont remember. Am i able to return the product?....I dont think it should matter even if one of his employees said that because it wasnt on the official return policy.

**A: why are you trying to return it? Is it defective?

 

[JETX]

"Am i able to return the product?"
*** That depends entirely on the merchant. People assume that a merchant has an obligation to accept returned merchandise. Simply, they don't. Any return policy that a merchant might offer (or not) is purely at the merchants 'marketing' logic.

"I dont think it should matter even if one of his employees said that because it wasnt on the official return policy."
*** Okay, then EXACTLY what IS on the 'offical return policy'??

You also have a huge problem with Microsoft:
"Due to Microsoft's licensing policy, all software and OEM products cannot be returned for refund or exchange. Any defective media will be replaced by Microsoft via their media exchange program."

One more thing.... unless you purchased WindowsXP OEM as part of a computer purchase, the software you purchased is in violation of Microsoft's licensing agreement.
Go to:
http://www.microsoft.com/piracy/basics/what/oem.asp
and
http://www.microsoft.com/piracy/reporting/

 

[PCUSer11111]

What the receipt said was that "all opened software" is unreturnable. Also, it said that if the customer is unsatisfied with the product, it may be returned within 7 days of purchase. No where on it does it say that all software is unreturnable. Do i have the right, as a customer to request my money back?....Also, i did not know that OEM versions were not allowed by microsoft to be sold without a computer purchase. I went to this link http://www.microsoft.com/piracy/basics/what/oem.asp, and all it said was that "OEM software should never be without a corresponding pc or computer hardware"....Does that mean that they violated that by selling the OEM version to me?..or is there some other rule that they can follow. This link does not give me enough information so that i can argue with the store...Does anyone know where the full rules to OEM distribution can be found?

 

[JETX]

That is my exact point. You CAN'T argue with the store. They have NO legal obligation to offer you a refund of anything.

And yes, if they are selling OEM software without the required hardware sale, that could be a violation of the OEM license (or at least who provided the OEM software to your merchant). I provided the link to the Microsoft site in my post and it provides a link on how to file a complaint for piracy violation.

 

[PCUSer11111]

jetx reply

JETX..or any one else who has an opinion....

So are you saying that the store has no obligations what so ever to stick with the policy that is written on their reciepts? I did not open the software, and thus according to their policy stated on their reciept, i should be able to return it right?...even if they dont have any legal obligation to accept refunds...maybe if that was their policy, i couldnt argue...but how are they allowed to go against their own policy..i mean they say that their policy is to not accept all software but it doesnt say it on their official own on the receipt. What do u recommend I do?...Should i go back and argue and tell them that the OEM version shouldnt even have been sold to me in the first place?

 

[JETX]

This is THEIR policy and they have the right to follow it or to 'bend' it. Simply, you can't force them to provide anything that is not legally required... even if it were their policy.

"What do u recommend I do?...Should i go back and argue and tell them that the OEM version shouldnt even have been sold to me in the first place?"
*** You can certainly do that.... but they have NO LEGAL OBLIGATION to refund to you. You can also file a 'piracy complaint' with Microsoft.