refund for un-used XP CD?

wesley · 26 Sep 2006 at 11:02

hi guys

my mate accidently ordered XP 64 bits, he realised when he got the XP CD so he ordered XP 32bits quickly for his new PC, he emailed to the shop (not ocuk) to get refund for the 64 bits XP, never used the CD or serial, never touched it or whatever.

here the reply from the shop

Dear MR XXXXXXX, Sorry, we cannot accept returns on licensed software with serial keys Sir. Regards,

what can he do? what about this 7 days return policy distance law thingy?

thanks

VIRII · 26 Sep 2006 at 11:08

I don't think he's going to have a lot of luck to be honest because of the licence key.

InsomniaCalls · 26 Sep 2006 at 11:09

Sell it on via a well known auction site?

Dave M · 26 Sep 2006 at 11:11

Opened? Not a chance. Still sealed - should be able to.

wesley · 26 Sep 2006 at 11:12

well, the CD case wasnt sealed when he first got it, i've asked him that

Biohazard · 26 Sep 2006 at 11:14

WELL THAT DOESN'T SOUND RIGHT

Jonny69 · 26 Sep 2006 at 11:23

PARDON?

SourChipmunk · 26 Sep 2006 at 11:23

No store I know of accepts returns on software -- too easy to make a copy and give it back. Best to auction it or sell it to a mate.

Better yet, upgrade system to 64-bit bus.

basmic · 26 Sep 2006 at 11:25

The way I see it, the serial number is worth about 99% of the price - the CD is worth next to nothing.

Without the serial number, the CD is useless. But he could (legally) download an ISO of the operating system he wished, and use the serial number to activate his burnt CD.

Perhaps the company should put the serial number inside a sealed envelope - if this envelope is opened, then no refund is to be given.

wesley · 26 Sep 2006 at 11:31

the software he use doesnt support on 64 bits XP anyway

put it on ebay is probably better

thanks anyway

molar · 26 Sep 2006 at 12:48

wesley said:
what about this 7 days return policy distance law thingy?

As others have stated, it doesnt apply to software.

Bad luck!

AtreuS · 26 Sep 2006 at 12:59

It appiles when software is boxed and unopened with factory seals as far as i know? at least it used to.

Was this an oem bundle where the cd-key could be seen or was it a boxed retail version?

On the outside of all microsoft boxed software it states that if you return it unopened and state you do not agree with the terms and conditions then the retailer is obliged to refund ( as part of the deal of supplying microsoft software. If they dont complain to microsoft ).

This refers to boxed items only of course.

Wyvern971 · 26 Sep 2006 at 12:59

wesley said:
the software he use doesnt support on 64 bits XP anyway

put it on ebay is probably better

thanks anyway

a lot of software runs fine on 64bit windows (it runs in 32bit mode)

the main problem is software which requires drivers to be installed (such as the Cisco VPN Client)

wesley · 26 Sep 2006 at 16:07

AtreuS said:
It appiles when software is boxed and unopened with factory seals as far as i know? at least it used to.

Was this an oem bundle where the cd-key could be seen or was it a boxed retail version?

On the outside of all microsoft boxed software it states that if you return it unopened and state you do not agree with the terms and conditions then the retailer is obliged to refund ( as part of the deal of supplying microsoft software. If they dont complain to microsoft ).

This refers to boxed items only of course.

oem XP, just CD case, unsealed, nothing else, key can be seen at the back

SiD the Turtle · 26 Sep 2006 at 16:18

Google distance selling act. They are not obligied to refund you if the CD is opened. However its an iffy one if its oem and there was no seal in the first place.

So I imagine its going to come down to a arguement with them, or try aruing the EULA that says return it if you don't agree with the EULA.

Gibbo · 26 Sep 2006 at 16:40

wesley said:
oem XP, just CD case, unsealed, nothing else, key can be seen at the back

Hi there

These come in brown sealed cardboard boxes, with red seal stickers. So in order to get to the CD/Plastic case he would have to open this box breaking the seals and therefor accepting the license agreement.

Flibster · 26 Sep 2006 at 16:54

Gibbo said:
Hi there

These come in brown sealed cardboard boxes, with red seal stickers. So in order to get to the CD/Plastic case he would have to open this box breaking the seals and therefor accepting the license agreement.

Which you can't read without opening it up....

Good scam isn't it.

Simon/~Flibster

jumpy · 26 Sep 2006 at 17:00

I had exactly the same thing with an OEM version of XP. It was still sealed inside its shrink-wrap, unopened.
I returned it to the shop in question with a polite note asking if it could be refunded or exchanged. About 3 or 4 days later it turned back up in my letterbox.
So I'm guessing all vendors say balls to software returns, sealed or otherwise.

Dave M · 26 Sep 2006 at 17:15

Flibster said:
Which you can't read without opening it up....

Good scam isn't it.

Simon/~Flibster

No, it's a cardboard box with big red taped seals both ends saying if you open this blah blah.

The problem is when companies buy larger packs (3 pack for example) and split them - there's no good reason for this as the 3-packs cost 3x the price, just daft purchasing I guess.

If it's not sealed in this way the retailer is in a bit of a lumpy position - as the DSR says you cannot returned un-sealed software, but if you can read the key without unsealing it...

Gerard · 26 Sep 2006 at 18:15

Gibbo said:
Hi there

These come in brown sealed cardboard boxes, with red seal stickers. So in order to get to the CD/Plastic case he would have to open this box breaking the seals and therefor accepting the license agreement.

Well when i got an oem xp pro from ocuk it came in a paper cd sleeve inside a plastic bag with a booklet showing the advantages of xp, the key could be seen without opening anything.

refund for un-used XP CD?

Man of Honour