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you can send the form via email to the manufacturer.
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Refund Form
Subject: Formal notice and formal notice to comply for reimbursement of non-accepted Microsoft Windows user licence preinstalled on S/N
On I bought the personal computer (PC) as stated in the line above with the
On the same day of purchase, the first time I turned on my PC, the Microsoft Software End User Agreement (EULA) appeared, and at that moment, as stipulated in the agreement, I exercised my right not to accept the terms of the Microsoft user licence (EULA).
Following this I will contact your company to obtain a refund of the pre-installed operating system licence, according to the EULA itself:
“If the licensee does not accept these terms and conditions and does not comply with them, the licensee may not use the software or its functionality. The licensee may contact the manufacturer of the device or the installer or the reseller, if he/she purchased the software directly, to find out how to return the software or the device and how to obtain a refund of the price.”
I therefore intend to hereby issue a formal notice of default and a formal notice to comply in accordance with the law for the reimbursement of the amount I paid for the software as indicated as follows for the purchase of
The above indicated sum must be received no later than 15 days after receipt of this letter.
Failure to do so will oblige me to take legal action to protect my rights, with reimbursement of costs, damages and interest.
We would also like to point out that the Court of Cassation, in judgments No. 19161/2014 and No. 4390/2016, has ordered the PC manufacturer that refused to fulfil its duties to reimburse me (www.avvertenze.aduc.it).
It should also be recalled that the AGCM (Autorità Garante della Concorrenza e del Mercato - Authority for Competition and the Market), questioned by the ADUC on the possible abuse of a dominant position by Microsoft and hardware manufacturers, in case DC/5073, informed the aforesaid association (by letter no. 28300/06 of 27/07/2006) that “consumers can refuse to install Windows and receive a refund”.
Last but not least, last 15 December 2020, Judge Dr. Mirko Buratti of the Court of Monza with the sentence 1734/2020 definitively decreed the right to the reimbursement of the preinstalled software, condemning the manufacturer to a “punitive damage” of 20.000 Euro for having «abused the impugnatory instrument forcing the other party [...] to reply [...] to an absolutely disproportionate defensive production [...] exemplifying the arrogance and prevarication of a commercial giant against a modest consumer».
I would be most grateful if you could look into this matter as soon as possible..
Yours faithfully,