Is Dell OEM Windows 7 Legal To Sell?

Status
Not open for further replies.

nightcrawer105

Honorable
Oct 28, 2012
45
0
10,530
Hello.

The other day, I purchased a version of OEM Windows 7 Professional 64-bit from Amazon UK. It was a fulfilled by Amazon product and rather cheap at £59.99. I was very sceptical about the price of it, I read all the information from the listing on Amazon and all seemed fine, and I went ahead with the order. But I kept thinking the price, it's to good to be true. I thought. - `surely Amazon won't sell a product that's non-legit`

Well, I was very wrong indeed. When it arrived in the mail, I immediately opened the box, and saw a very strange German Windows 7 OEM DVD Case, but nothing like Microsoft's OEM packaging. There wasn't any mention of what DVD was inside the case, just the sellers name printed on it (pcfritz.de) and a security sticker written in German. I cut the sticker and opened the the case to discover a Dell Reinstallation Disc, titled:

Operating System Already Installed On Your Computer - For Distribution Only With A New Dell-PC

The Dell product key was stuck to a instruction manual written in German. Like I said, no mention of this on the packaging before I opened the case. The seller didn't say anything about this on Amazon being Dell Reinstallation Disc, so they're selling a product not as described - deliberately to make a sale, and that's against the 1979 sale of goods act. I didn't install this to my computer, and I reported the product and the seller to Amazon. They agreed, to allow me to return for a refund, they said the seller would be contacted and the product would be taken off their site has it wasn't as described.

Well, it seems Amazon haven't done anything about it, the seller is continuing to offer Dell Windows 7 for sale has genuine. Is this even legal?
 

nightcrawer105

Honorable
Oct 28, 2012
45
0
10,530


But is the seller breaking the law?
 

COLGeek

Cybernaut
Moderator
Laws vary from country to country. What might be "legal" in Germany may be interpreted differently elsewhere, even in the EU where some trade laws do indeed cross borders.

I suggest taking this up with Amazon UK (I would ask for a complete refund). This product can technically only be installed on a Dell.
 
Hi

Assuming you are in UK and the seller is also in the UK then the seller is committing a criminal offence which can be investigated by UK Trading Standards for giving misleading information about the product or alternatively failing to say it was only suitable with a limited range of Dell PC's

The seller is probably selling a disk worth about £10 without a License or a COA or key or alternatively it maybe a Dell Windows 7 disk used to upgrade Dell Windows Vista PC's
(usually no key is required as Dell OEM Win 7 will be pre-activated provided a Dell Motherboard is detected and will not activate on any other brand of motherboard)

Since the product is still on sale contact the Citizens Advice Consumer Service to report this
http://www.citizensadvice.org.uk/consumer_service

There is similar law in force throughout the EC resulting from an EC Directive which came into force in UK in 2008
http://www.oft.gov.uk/business-advice/treating-customers-fairly/protection#.UR16VfL6n-s

It is also possible to report this to the German Authorities if seller is in Germany (or any other EC country) via the UK European Consumer Centre
http://www.ukecc.net/

regards
Mike Barnes
 

paulczickus

Honorable
Aug 18, 2013
1
0
10,510
Schaut Euch doch ganz einfach einmal auf http://pcfritz.de um. Hier kann man getrost noch mehr sparen, als die Konkurrenz erlaubt. Aktuell im August 2013 habe ich dort das Windows 7 Betriebssystem zum fairen Preis von 29,90 Euro* ohne Versandkosten gesichtet. Einfach mal die Seite besuchen und vielleicht auch von dem Preis- Leistungsverhältnis überzeugt werden?
 
Status
Not open for further replies.