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Microsoft faces legal action from Italian group

PC users that delete Windows 'can't get refund'

An Italian consumer organisation has started legal action against Microsoft, claiming it's too difficult to obtain a refund if a user decides to delete Windows from a new PC or laptop.

According to the class action lawsuit filled by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), under Microsoft's end-user licence agreement (EULA), once a machine that comes with the OS pre-installed has been turned on, the user can no longer obtain a refund - even if they decide to delete the OS and replace it with something else.

The ADUC believes consumers aren't aware that turning on the machine means they agree to this. It is calling for PC users affected to sign up to the lawsuit.

"Consumers are free to purchase PCs with a non-Microsoft operating system, or without any operating system. However, consumers benefit from the pre-installation of Windows on PCs. It provides the best user experience from the time a consumer first turns on the PC, and saves consumers the substantial effort and resources associated with having to install an operating system that functions properly," Microsoft said in a statement.

"It's also important to note that Microsoft's agreements with OEMs are non-exclusive. Customers who purchase a PC from an OEM with Windows preinstalled and then wish to return the PC and/or the preinstalled software should consult the OEM's return/refund policies."

See also: Microsoft to use legal action against botnets

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