[SC.LUG] [Fwd: [Upd-discuss] How to Get a Refund of Your Windows Tax]

Sat Jan 6 17:02:14 GMT 2007

For anyone who had a new laptop for Xmas ;-)

-------- Forwarded Message --------
From: Seth Johnson 
[snip]
> http://community.linux.com/print.pl?sid=07/01/03/227237

Title 	   	How to get a Windows tax refund

Date 	   	2007.01.05 13:02

Author 	   	StoneLion

If you buy a computer, you often pay for Microsoft Windows even
if you didn't ask for it and aren't going to use it. This article
shows you how to return your unused Windows license and get your
money back, freeing yourself from the Windows tax.

I recently purchased a new laptop computer from Dell. As a
GNU/Linux user and believer in Free Software, I knew from the
start that I wasn't going to run Microsoft Windows.
Unfortunately, Dell didn't offer this laptop with Ubuntu or a
no-OS option, so I tried getting my Windows refund from Dell
after the purchase. After working with customer service, I
received a refund of $52.50. In the course of getting my refund,
I found some techniques worked better than others. By knowing
what works, you may be able to get your refund quickly and
easily.

Be prepared and set realistic expectations

Before you go down this route, be prepared. Getting your Windows
refund may take several hours of work, after which you'll get a
small amount of money -- nowhere near the full retail price of
Windows on the store shelf. Though your win may be more of a
victory for principle than your pocketbook, it is possible to
win, and you'll have made an important stand.

Getting a Windows refund only works if your computer is new. If
you've booted into Windows once and hit the Accept button at the
end of the Microsoft EULA, you're disqualified. Ideally you'll
plan on getting your Windows refund before placing your order
with the vendor. If you are ordering a new machine, first call
the vendor to see if they offer a no-OS option. If they do, use
it. If the machine does not come without an installed OS and you
have to buy Windows, purchase the lowest-end Windows that you
can. In my case, that meant buying the computer with Microsoft
Windows XP Home Edition.

When your computer arrives, document each step of unloading your
computer. I took a tip from UK reporter Dave Mitchell, who
received a Windows refund from Dell, and took pictures of myself
at each step of the process, including opening the box and each
and every page of the Microsoft EULA. I zoomed in on the relevant
section about returning the license to the vendor. I also zoomed
in on the radio button which says "Do Not Accept" and showed
myself rejecting the license. This will add some time to your
initial computer use, but is proof that you read and rejected the
license.

Before you make the call, have everything you need in front of
you. You should have all the details of your order, including the
order number, date purchased, and even your credit card number.
You should have the computer's serial number and, in the case of
Dell, its Express Service Code. Later in the process, you may
need your Windows Certificate of Authenticity (COA) key. It's on
the holographic label usually found on the bottom of the laptop.
You might find it easier to just have the laptop itself handy.

You'll also want to have the text of the EULA ready. You probably
don't need the entire thing, but the specific wording about
returning Windows to the vendor may become key.

Lastly, you're going to want to have a pen and paper ready. If
your phone is wireless, you'll want to be sure it's fully
charged, and keep a beverage handy -- you could be on the phone a
while.

Preparing for the call

By this time in the process, you're probably itching to get on
the phone, get on your soapbox, and get your refund. Resist the
urge. Remember that you're looking to exercise a legal right.
You're not going to change anyone's mind about Free Software, and
any extra time you spend in the process only takes you further
from your goal.

Be polite. A customer service representative is used to handling
dozens of issues a day, but your issue is going to be outside the
norm. The person on the other end of the phone is your
representation on the company's side, so you want to keep him or
her as happy as possible. Don't get angry, don't yell, don't be
rude. If things become tense, disarm the situation with kindness,
and, if it's appropriate, a joke.

You will be put on hold. Dell is fairly good about not leaving
folks on hold (especially business customers), but I was put on
hold a number of times. There's nothing you can do about it, so
just be polite and accept it. What you're asking for is so
unusual that they'll probably need to call supervisors. Let them.

Expect excuses. They're going to look for ways not to give you
the refund. After all, they've never heard of this, so it must be
impossible. My first customer service rep said that he couldn't
refund my license because I wasn't charged for it. If you hear
something like this, don't be discouraged, and don't take it as
the final word. I'll tell you how to counter these sorts of
arguments in a moment.

Don't argue, escalate. If you find you're not getting anywhere
with your customer service representative, or you're going over
the same point several times, it's time to escalate. Remember our
previous guideline of not being rude. You can ask to be
transferred without making it into a confrontation. Be
sympathetic: "I see that you're trying your best, but that you're
not able to do anything else for me. Would it be possible for you
to transfer me to someone else?"

Be persistent. You'll probably have to speak with several people,
repeat yourself, and hear lots of excuses about how you're not
entitled to what you're asking for. You're in the right, and as
long as you're in the pipeline, you're making progress. When
you're not making any more progress, escalate.

Don't settle. At several points in my communications with
customer service, I was offered coupons, even in excess of what I
was asking for, but coupons aren't money. Politely explain that
you're looking for a refund in cash (or credit back to your
credit card).

Use the precedents. If you're in the UK, you can mention reporter
Dave Mitchell as someone whose already received a Windows refund.
If you're in the US, you can use me. If they've given refunds to
the two of us, why not you?

During the call, you may find that the customer service
representative will come back to you with several excuses about
why you're not entitled to your refund. I've compiled a list of
them, some which I heard and others which I didn't, and good
responses to them.

"You can't return the operating system because the computer can't
work without it."

That's the easiest argument to counter. Explain that you run
GNU/Linux (or FreeBSD, or whatever operating system you've
replaced Windows with).

"You didn't pay anything for Windows."

Since the price of Windows was included in the price of the
computer, they may try to argue that you didn't pay anything for
it. This one is easy to debunk. Windows costs money -- everyone
knows that. Once you establish that Windows does indeed cost
money (and you can't get it for free) then the only remaining
issue is how much you paid. Since Microsoft contracts out with
hardware vendors, there's no actual way to know how much Windows
costs a given retailer. This being the case, I was asking for the
price of an OEM copy of Windows XP Home SP2 that I found on
Newegg, which was $89. In the end they gave me $52.50. I don't
know if this is really how much Windows costs, but it's a
non-trivial amount and I can well imagine that one of the world's
largest computer makers can get a good deal on Windows licenses
from Microsoft.

"You bought the bundle."

They may tell your purchase was a bundle, that Windows came on
the computer as a packaged set and you can't return one without
the other. What you have on your side to counter this is the
license itself, which says that you may choose to not accept the
license and return it to the vendor. No matter what they say
regarding a bundle, the legal wording of the license is clear. I
heard the B word several times, and each time I explained the
terms of the license to them, with the license wording at hand in
case I needed to quote it verbatim. If the customer
representative tries to cut the conversation short saying it's a
bundle, stay polite, but explain that the license is quite clear
and that you're just going by the legal wording and exercising
your right to return the operating system.

"How about a coupon?"

I was offered coupons several times. I'm guessing that coupons
are easy to give to customers as a way to keep them happy. While
you're rejecting the coupons, realize that this is a small
victory. All you have to do at that point is ask for cash.

"You need to return the CD."

As a condition to getting my Windows refund, I was required to
give the COA key to the customer representative and return the
Windows CD itself. Dell was kind enough to pay for shipping of
the CD, so all I had to pay for was the envelope. Your vendor may
not be as generous regarding the shipping, but by this time,
you've won.

You win - or not

If you're not working with Dell, you may not have the same
success. In this case, you might need to take another tack. Small
claims court may be an option. You file paperwork with the court,
pay a small fee, and show up in court with all your
documentation. You'll need to make your case quickly and
succinctly. You may also want to contact the Better Business
Bureau for help. Many reputable businesses take the BBB seriously
and may be more willing to work with you after it has contacted
them. In any case, you'll be spending time and money to resolve
the issue, but so will the vendor, so they're likely to look for
an amiable solution as quickly as possible.

To summarize:

    * You're only eligible for a refund on new computers
    * Document everything
    * Be prepared
    * Be polite
    * Be persistent
    * Be gracious

If you follow these guidelines, you're likely to come out with a
working computer without the Windows tax.

I would be remiss if I did not offer a special thank you to Dell.
Despite my initial difficulties, Dell eventually came through.
After hearing stories on the Net about folks having to bring
their vendor to small claims court, I'm happy I picked a company
with reasonable policies and people. I especially want to thank
Seema, the floor manager who worked with me on my case and
offered me the refund.

Links

   1. "Dave Mitchell" -
http://news.bbc.co.uk/1/hi/technology/6144782.stm
   2. "Small claims court may be an option" -
http://www.linuxjournal.com/article/7040

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