On not getting a refund (so far) for Windows XP from #Gateway (owned by #Acer)

I got a new laptop on boxing day. I decided that I didn't want to use XP and declined the EULA. Now, the EULA specifically stated that:

"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."

So I went on the Gateway website, registered my computer, and went on a chat session with a customer rep.
This is what happened.
 

GWSI1160 joined the incident.

GWSI1160 says:

Welcome to Gateway Chat. My name and badge number are GWSI1160. I am looking at your account and the information you submitted. I will begin troubleshooting with you in just a moment.

razorgoto says:

ok

GWSI1160 says:

Hello, razorgoto.

razorgoto says:

hi

GWSI1160 says:

Thank you for staying online.I really appreciate your patience.

razorgoto says:

No problem

GWSI1160 says:

I have verified that the gateway product is registered and is covered under warranty

GWSI1160 says:

May I know the exact issue?

razorgoto says:

yes, i read the end-user agreement for the windows software that came with my computer

razorgoto says:

I don't agree with it

razorgoto says:

it says that I have the right to not accept

razorgoto says:

in which case, I should contact gateway for refund on windows

GWSI1160 says:

You need to select I agree to continue the installation of windows.

razorgoto says:

but I don't agree

razorgoto says:

I read the eula and I don't agree with the agreement

GWSI1160 says:

If you select dont agree, it will not proceed with the installation.

razorgoto says:

It didn't

razorgoto says:

it didn't install

razorgoto says:

I understand that it doesn't install unless I agree

razorgoto says:

But I don't agree with the EULA

GWSI1160 says:

We dont have information on the EULA agreement. We only provide the basic support. For more information contact answers by gateway who are expects in dealing with all type of issues and agreement.

GWSI1160 says:

For further assistance the best option is calling Answers by Gateway. Our representatives have advanced industry knowledge of all major brands and their merchandise, so they are able to provide you with expertise when answering questions about those products.

GWSI1160 says:

Please contact Answers by Gateway department which is a paid support for getting better assistance in resolving this issue. The phone number for Answers by Gateway is 800 237 6483. Please Note: The per minute charge for the number will begin 1 minute after you dial the number regardless of whether an agent has answered the call.

razorgoto says:

wait

razorgoto says:

I am not asking for technical assistance

razorgoto says:

I am asking for a refund on windows

GWSI1160 says:

Microsoft is responsible for the EULA. as the windows is their product. Gateway will not refund on windows.

razorgoto says:

That is not what is written in the EULA

razorgoto says:

EULA specifies that I contact the OEM.

razorgoto says:

This is from the EULA that I refused.

razorgoto says:

"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."

GWSI1160 says:

We dont have the information on that.contact answers by gateway who also deal with licence agreement.

razorgoto says:

wait a minute, you're telling me that I have to pay to call a technical support line just to get a refund on a product?

razorgoto says:

Can you escalate my incident to another desk?

GWSI1160 says:

We do not have that option. To contact next level contact gateway free phone support @ 866-539-3901.

<At this point the GWSI1160 pretended that we got disconnected and ended the session.>

Undeterred, I sent an email to the Gateway Technical support. 

Subject: I declined the Windows EULA

Hi, I read the EULA for windows and I declined it.

The EULA has this provision:

"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."

Can I have a refund for the Windows that was installed on my PC?

Going to wait to see what happens next.
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