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My brawl with Dell to get Windows Vista refunded - Page 3

post #21 of 32
Quote:
Originally Posted by h4rdcor3 View Post
If you are really serious about going through with the refund, here is a guide on how to do it and what you need to have prepared and what to be prepared for when talking to reps.
Quote:
The Windows EULA says you can get a refund if you don't agree to its terms. It does NOT say that you can get a refund for JUST the Windows operating system. Nor does it say what the purchase price of your copy is.

If you disagree with the EULA and call Dell, they have every right to say "Yes, we will happily issue you a refund for the entire bundle you purchased if you return it" or say "Your copy of Windows was provided to you at no cost as a free add-on to your purchase."

Dell's "terms of sale" which they push on every page of their website and to which you must agree before they complete a sale specifically say that the operating system is bundled software and may only be refused/returned if the entire system is returned.

They'd also be totally in the right to say that there is no purchase price for Windows because they provided it to you free as an incentive to purchase their system. When I bought my Dell, I got a free memory upgrade. I would be totally in the wrong if I called them up and wanted to return the additional memory chip for its full retail value.

I agree with you that Windows shouldn't be forced on users, and that there should be "no-OS" options for customers. But I have to say that I think you're in the legal wrong here. Dell would be totally in the right to say "Yes, we will issue you a refund per the EULA of your entire purchase price upon return of the computer."
Comment from the link you just posted.
post #22 of 32
From Dell's TOS
Quote:
5. Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement.
From Dell's Software License Agreement
Quote:
If you do not agree to these terms, promptly return all Software items (disks, written materials, and packaging) and delete any preloaded or embedded Software.
Although it doesn't say anything about a refund this rebukes argument that it is sold as a bundle and cannot return individual pieces.
post #23 of 32
Thread Starter 
Alright to reply to old posts....

On my model, the E1705 they did not offer a free OS.

It is easy to see the difference in price with comparable laptops... the E1505N and the E1505 when equally configured the windows laptop is $100 higher then the free OS..... and as h4rdcor3 said the Software License is separate from the Dell TOS.

GibbyGano your wallmart hdd example does not apply... it would if the HDD came forcefully included with expensive software that you already had, thus changing the price of the harddrive from $100 to $200 dollars, however the software if not used could be refunded since the EULA says so.
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post #24 of 32
I doubt you can get a penny back. It's not even reasonable..
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post #25 of 32
Quote:
Originally Posted by dannyyboii View Post
I doubt you can get a penny back. It's not even reasonable..
You can get the money back, but it just isn't economical to. For most people the several days that it takes talking to reps out weighs the cost of the os, but for those die hards who want to stick it to the man it is about the principal. Me, i wouldn't do it because at some point he is going to want vista and this way he has a cheap copy. If he is successful in returning it and wants to get vista in a year or so he'll have to pony up for the retail instead of the bulk oem.
post #26 of 32
Quote:
Originally Posted by DaRkLoRd65535 View Post
Alright to reply to old posts....

On my model, the E1705 they did not offer a free OS.

It is easy to see the difference in price with comparable laptops... the E1505N and the E1505 when equally configured the windows laptop is $100 higher then the free OS..... and as h4rdcor3 said the Software License is separate from the Dell TOS.

GibbyGano your wallmart hdd example does not apply... it would if the HDD came forcefully included with expensive software that you already had, thus changing the price of the harddrive from $100 to $200 dollars, however the software if not used could be refunded since the EULA says so.
The price difference is less... the Windows laptop comes standard with an radeon 1400 series card, while the Linux one comes with Intel onboard. The more logical comparion would be to upgrade the Linux one with a 7300...
    
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post #27 of 32
Plenty of people have gotten their money back from Dell in situations exactly the same as yours. But, it isn't worth the hassle and time to do it, and you wont get anything over the internet chat anyway. Buy the Ubuntu Dell, or buy from a company that offers no-os or free-os alternatives on the model you want, since Dell doesn't offer it on all their models.

The only reason you would get a refund is if you show them the part in the EULA about going back to the manufacturer for a refund if you do not agree to the license (if that is even in the Vista license), and even then, the only reason you'll probably get it then is because Dell doesn't want to lose your business (you have already voided all your rights and agreed to agree to all licenses). Telling them about other cases were people in the US received refunds could help speed it up (i.e., they know you know it is possible).
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post #28 of 32
Thread Starter 
Dell did a good job,

Quote:
As I reviewed your account details and I would like to inform you that you have not been charged for the Windows Vista Home. However as a customer care gesture, I would like to offer you a credit for $100. I would request you to confirm me via e-mail in order to initiate credit request.
Looks like I wont get 'refunded' but I will get $100 credit witch is all I wanted in the first place with a bonus of still having vista. I'm running XP b/c my gpu isn't supported under vista yet...
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post #29 of 32
Thread Starter 
As for the hassle it wasn't all that much only about two hours of my time in total. Hey, for $50/hr I would quit my day job.... if i had one..
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post #30 of 32
Nice!

And you know they do it this way to avoid 'precedence'. If they had called it a 'refund' because you paid for Vista, that opens up the possibility for everyone who doesn't use Vista to claim it. In this case, only those who are enough a pain in the Dell's butt get money back
    
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