Sorry...EU Loose! (Major ranting)

[caddmannq]

So whaddya do?

I go to CompUSA. Buy a LEGAL copy of , say, Windows XP, and take it home.

I open it. I read the terms that say: "By opening this sealed package, you agree to be bound by the terms of the End User License Agreement (EULA) contained inside."

I read the hidden terms of the EULA, and do not agree. My recourse: Return the software without using it.

Whe I get back to CompUSA, they say: "Sorry. No cash refunds on software, and we can only exchange opened software for the same exact software."

I say: "I can't use this software because by doing so I give Microsoft rights over our company operations that, under contract to our clients we cannot legaly give away!"

They say: "Tough beans. Go complain to Microsoft."

I say: "You're selling a product to which you don't disclose the terms of use, until it's in an un-returnable condition."

They say: "Oh, everybody knows the terms of the EULA. It's just common knowledge. We're not responsible just because you didn't know them."

I say: "Find me one sales person in this store that can explain the terms of this "well known" legal document, and have them explain it to me."

They say: "We can't make interpretations of legal documents. Now get lost!"

HOW in the BLAZES does the Government let Business treat Consumers like this???

The dirty secret that everyone knows is that the shrink-wrap EULA is completely illegal!

Nobody can hold you to undisclosed terms of a contract. Microsoft just has people buffaloed into thinking that it's legal.

So...Whaddya do?

your right cadd, and the main reason why compusa does it cause there afraid that since you opened the case they think maybe you copied the cd are trying to scam them. its not a pokicy made by Microsoft, it was made by Compusa



espically since burners are a must in all new computers now

[caddmannq]

I agree. But, then CompUSA should post the EULAS of every software they sell, so buyer's know what they are buying. They won't do that though. At least not here.

Does anyone know of any store that posts the EULAs of their merchandise?

[krohnjw]

I have never seen an EULA posted prior to buying a product, let alone enough sales people amiliar with the EULA's. I would say if you find a store like that give me a call Sounds like somewhere I might like to shop.

[jman01pa]

They already have an "out". Look for the sign that reads "we do not give refunds on opened software".

That EULA is between the USER and Microsoft. Not the retailer...

[caddmannq]

Yep. I saw that policy clearly posted. Big deal!

They are acting as Microsoft's agent here. Not just anybody can sell Windows ya know. You got to be an approved reseller.

Course anybody can get approved, but that's not the point.

Microsoft is dishonest in their EULA, and CompUSA sells the licenses. Remember: You're not buying software from a store: You're buying a license from a authorized reseller.

How can you think that they have no guilt in the matter?

[crouse]

Tell them the disk doesn't work...... you want to exchange it........take the new package unopened to a diff store .......... see if that won't get your money back....... and then there is always the court system..... Good Luck....

[jman01pa]

There are many rules in this world and most rules are superseded by other rules.

In this case, the first rule is "we do not give refunds on opened software". How much simpler do you need it to be? If you object to this in any way, then dont open the software.

Below is a portion of a EULA that simply says that its an agreement between the End User and The Microsoft Corporation. Not an agent, not a resaler.

Quoted from a EULA

"END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT—READ CAREFULLY: This Microsoft End-User License Agreement (“EULA”) is a legal agreement between you (either an
individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above."

[krohnjw]

Maybe I misunderstood but I thought this was about MS's EULA not being fully known, and the fact that once he knew the full EULA, and found he could not use it for his clients, that he was unable to return the software. Now, his gripe was that there was nothing stating this fact, or any public posting of the EULA, let alone a salesperson informed enough to inform him of this had he asked, thus placing the blame of having uneducated sales people and the fact that they do not post the EULA on the sales person, while at the same time criticizing MS for placing that EULA inside of the box, not to be read unti opened, thus making it not returnable to stores. I don't see anywhere that he openly demonizes CompUSA for not taking back his opened software, rather he is miffed about MS policy with the EULA, and their lack of posting it. And also the lack of overall knowledge of the sales associates / their lack of effort to make consumers aware of this EULA.

[Mr. Fingers]

Ok what I would do then is go back in find a sales associate tell them that you are interested in buying thisorthat OS and that you want them to tell you what the EULA so you can decide whether you agree with it or not before you get home and open the package and make it unrefundable.

This might not get your money back but the sheer pleasure of going from several different sales associates and managers having them trying to explain that policy would for me more than make up for the money.

Me:"Hi I have a question about one of these Operating Systems"

SA:"Sure what can I help you with"

Me:"Well I need you to tell me what the EULA says so I can decide on whether or not I agree to the terms"

*silence*

SA:"Well lets see"

*looks over box*

SA:"I dont know what is it?"

Me:"End users license agreement I believe."

SA"I dont know its not on the box...so it doesnt show it."

Me:"I know thats why I asked...I cant read it"

SA:"You'll just have to get it home and read it I guess."

Me:"Oh so if a get home and read it and dont agree with it...I can return it for a refund?"

SA:"No but you can exchange it for the same title"

*silence*

Me:"Why would I want the same title if I dont agree to the license agreement?"

*SA fidgets*

SA:"Look I have no idea the EULA isnt on the box you'll just have to buy it to see it"

Me:"Please get me a sales associate who can answer my question"

SA:"LOOK NO ONE IS GOING TO KNOW THAT."

Me:"Get me a manager now."

...lol then go through the same process with the store manager and when he says "Look you dont have to buy the product if you dont want it!" then say "I dont know whether or not I want it I need to read the EULA first before I make a decision." and if he doesnt give you the answer you want tell him to give you the phone numbers of both the district and regional managers as well as any phone numbers where compliants can be given.

Now this might not get anything done but for FREE you can give them the same headache they gave you.

And you never know they may slip up and say "Well if you dont agree you can bring it back for a refund ok"

to which you would say...

"Funny you should mention that I just so happen to have purchased one already that I didnt agree to."



*silence*