[nylug-talk] How to get a Windows tax refund
Jay Sulzberger
jays at panix.com
Sat Jan 6 05:01:33 EST 2007
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Subject: Articles
X-URL: http://community.linux.com/print.pl?sid=07/01/03/227237
Linux.com
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Title How to get a Windows tax refund
Date 2007.01.05 13:02
Author StoneLion
Topic
http://community.linux.com/article.pl?sid=07/01/03/227237
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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printed from Linux.com, How to get a Windows tax refund on 2007-01-06
09:58:49
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