testata ADUC
Rimborso sistema operativo preinstallato Windows
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Lettera 
7 maggio 2010 0:00
 
Buongiorno,
come indicato sul vostro sito ho inviato la messa in mora a lenovo, della quale inoltro a Voi la risposta. Come posso procedere a questo punto?
Nel ringraziare
Saluto cordialmente
"Dear sir,
We acknowledge receipt of your letter dated 03.26.2010.
This letter concerns the purchase of a Lenovo Netbook S12 which you bought on March 16th, 2010.
You indicate you rejected the End User licence agreement of [MS software licence programme].
We would like to remind you that the EULA which you rejected states:
"By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine their return policy for a refund or credit."
As you did not take steps to find out the returns process for our goods, we advise you that we are willing to accept the return of the complete unit and reimburse you for the complete unit..
A reimbursement of the complete unit represents your complete rights provided that (i) the computer is still in a new and unused condition and has not been used since your rejection of the licence; and (ii) your vendor can verify that you rejected the EULA. Please confirm by return whether or not you continued to use the computer after you rejected the license (your letter leads us to think that the computer is no longer in a new and unused condition.
Nevertheless, in your letter, you are not asking to return to Lenovo the goods that you bought but for the reimbursement of the pre-installed software that you estimate to be for an amount of 118,89 euros.
We are extremely attentive to the satisfaction of buyers of Lenovo products.
However, given your case, we are not able to agree to your request.
In the marketing material for the Lenovo Netbook S12 which you bought,
it is clearly stated that they are sold with a certain amount of pre-installed software, being an integral part of our products which are sold by your vendor.
Moreover, there is no suggestion in your letter that you made a mistake about the nature of the product at the time of purchase. It seems to us therefore that you were well informed about the nature of the product you chose to buy (among many others offered by your vendor) and that you consciously and voluntarily chose to buy this product consisting of preinstalled software, paying the selling price set by your vendor.
Our aim is to sell a range of Lenovo products aligned with the needs of the vast majority of our customers.
We must therefore point out that your request is unusual and that almost all of our consumers want a work ready PC with an operating system and/ or other preinstalled software.
In other words, we design and sell products which reflect the requirements of our customers.
If the requirements of the vast majority of our customers change, our products will evolve in line with these changes.
We believe that our commercial practice reflects the demands of consumers as expressed at present.
Finally and in contrast to what you suggest in your letter, please be aware that the legality of our returns process for goods has been confirmed by the courts.
In light of the above, we regret that we can not meet your request.
Best regards
Lenovo (Italy) Srl"


Risposta:
se vuole ottenere il rimborso deve affrontare la via giudiziaria. La risposta della Lenovo non รจ differente dalle altre fornite da altri produttori di pc.
 
 
 
AVVERTENZE. Quotidiano dell'Aduc registrato al Tribunale di Firenze n. 5761/10.
Direttore Domenico Murrone
 
ADUC - Associazione Utenti e Consumatori APS