Under the EU Consumer Protection Act, which I believe is what you are referring to, it is the responsibility of the retailer to deal with faulty products, and not the manufacturer.
In this case MS is the manufacturer and not the retailer so they are not obliged to help you.
I suggest you take the product back to the retailer, as they are responsible for any claims under the consumer protection laws.
Or, more likely, Microsoft provided the OEM with one of the many components used in the product.
Microsoft, of course, has no control over what the OEM does with it, and doesn't know unless it goes out and buys the product.
Where things get interesting is when Microsoft ships an update directly to the user. This is something the OEM has no control over.....
