Getting Dell to refund Windows Vista?

this is just a repost of PhoenixFX's previous post


2. Read the complete EULA, including Microsoft North American Retail Product Refund Guidelines (What Products Are Not Eligible for a Refund?). It clearly says that Original Equipment Manufacturer (OEM) software preloaded on a PC (contact the PC manufacturer) are not eligible. At least Microsoft is not bound to give you a refund for OEM copies. Looks to me like it is up to DELL, and if they say NO, I don’t think you can do much about it.

 

People, this is not ridiculous. Vista was "free" with the laptop, you paid for it. Duh.

Someone wants a refund. It makes sense. Vista is just another MS crapware.


And yes, people HAVE DONE IT:

http://www.networkworld.com/news/2006/110706-dell-windows.html

Stop harassing him. You guys are making fools out of yourselves. If someone doesn't want an OS, they should be able to get a refund. It is easy to understand.

 

Ya idk how "OEM" the Vista Dell sells is because it comes loaded with bloatware even when you don't ask for it.

 

This is dumb. You are not entitled to anything. They are a private company offering a product, with some options (but clearly not all). There is no 'right' that entitles you to purchase a laptop without an OS installed. It is their choice. If they don't offer it, too bad. Should've thought about it before ordering IMO.

 

good luck to all dell basically laughed it off when i called about this and i tried many times

 

They offer a product with a separate license (the EULA) that grants you that right. It is a legal agreement. Dell agreed to sell its laptops with that additional contract, and therefore it should fullfill its terms. And the terms state that if you do not agree with the Eula you are entitled to a refund. And the refund should come from the manufacturer, the OEM.

Every manufacturer pretends not to see that part of the contract (but they make sure to see the parts that bind the customers), since most customers tend to believe them and give up asking the refund after they are laughed at.

 

I have ordered systems from Dell with no OS before. Had to do it through a rep, but it can be done. We had a couple of rack mount servers that we needed XP Pro (basically because they would be sharing to only 4 people) on instead of spending $$$ on a server OS. They would not sell a server rack-mount with a workstation OS so they sold it with no OS, and we ordered XP for it separately.

 

didn't you read PhoenixFX's excerpt from the EULA? if your Vista came from an OEM computer, you are not entitled to such a refund.

 

It is a very legit request.

All it took was ONE phone call, the rep knew what I wanted and didn't put up a fight or make a big deal about it.

It only took them 2 days to issue a refund directly back to the card I used to buy the notebook.

 

BigEmpty how much did they refund you??

 

There you have it, so everything is clear now. So need to further argue on this matter.

 

I am not entitled to ask that refund t o Microsoft, that is.
But the OEM is bounded to the Eula too.
Dell chose to preload that OS with that Eula on their laptops. They could have chosen others OSes, with different licenses, but they chose that one. And they are bounded to fullfill the terms of that license thats says that it is not Microsoft that has to refund you but it's the OEM, that is: Dell.

And up until XP pro, the OEM had to refund you the software because it was clearly stated in the eula (and not on some page of the software manufactuer the customer need not to know of - it was written in the contract the customer was required to accept). The only unknowns were how and how much. Unless Microsoft has changed the terms of Vista's EULA, the same goes for that OS.

It would be schizofrenic for MS add a refund clause in a OEM software when they state that no refund is given for OEM software, wouldn't it?

It' s just that it's not MS that has to run the money

 

Ya, that's through the Business Sector where you can buy any system without an OS <_<

This is for Home + Home Office and EPP

 

LOLZ, I just called (got Home Basic) and the guy said they can't give a refund or credit (even though is uses those exact words in the EULA) because I bought a "Bundle"

I told him I had no choice other than to buy the "Bundle" because the only way I could get this system is with Vista. He then said there was no line item charge, so there could be no refund/credit. I then said well that's funny, nothing on my invoice has a line item charge...there is only Inspiron 1420 at 1147 and everything else is $0.00

He then went back to the "Bundle" crap, so I asked for his supervisor. I was then on hold for about 5 minutes, then was told that his supervisor was on the other line and he'd be there shortly...but he had an alternative from his end to process a credit of $75 to the original payment method, and I could keep the CD's and everything (not that I'm going to use them or anything, Vista Basic eww).

 

They're not refunding you for the OS, they're giving you money to shut up. I can't believe people are trying to get money for this. It's stupid.

Btw, I'm still waiting for my money on the forced Centrino Sticker that they gave me .

 

Osserpse sounds right to me.
If they're not making you return the CD's and somehow forcing you to 'uninstall' your OS, then you're not getting a refund on anything.

 

Osserpse, why the heck do you keep bringing up that sticker?
It's free because it came with your Intel Core CPU.
My Vista didn't come installed on my Hard Drive, it was installed later on by Dell with there own custom stuff.

 

How much refund did you get?
And, more importantly, what did you actually say to the rep such that he/she didn't put up a fight?

 

It came bundled with the Intel CPU. I didn't agree to it. I want a refund for it for no reason!

Sound familiar?

 

I can buy that sticker on eBay for $2.99 shipped. They would laugh at you...

Try finding Vista for $2.99 and see what you find, that actually makes sense because it actually costs some money <_<

 

Almost.
Could you please show us the EULA that you were required to accept to activate the sticker?

You are missing the point eitirely: the point is that there is a contract (the eula) and that either you and Dell are bound to fullfill its terms. You by not copying the software, not lending, not using it on another system, by allowing MS to sendo your data to their servers without telling you what and when, and more...
Dell by allowing you to refuse such conditions and getting a refund.

 

They are simply making things easier for them because the do not expect people to wake up and ask for a refund they are entitled to (provided they never went past the Eula). They might not have a 'procedure' for that refund. So it's easier for the rep to give you some money (maybe less, or maybe more) to get rid of the customer and not to create a 'case' (and be the one that started a landslide).

But they have to refund you. It written in the agreement. (Again, I'm positive about XP, not sure if Vista Eula has changed some terms - have to wait for mine to arrive to know for sure).

 

lol You sound like a bunch of hens!!! (JK so dont hollar) The same people keep going over the same issues.

In the end, if you got any discount, you will not get the money back as it is part of the package price. Yes, you may get it to shut you up if they are sick of you; its very small to them monetarily.

The mass majority of people are NOT entitled to it and only an extreme few use Linux so...why do we keep pecking away at an issue that is dead for the most part?

 

Because that's the ONLY PACKAGE they offer. It's one thing to choose that "package" but there's only the one "package" so users don't have a choice. As for the stupid sticker, the sticker is free and doesn't impact the cost of the system. No, it is not provided by Dell for free, it's provided by INTEL for free with purchase of an Intel Processor. Because Dell doesn't pay for it, it does not impact the system cost.

Windows Vista is NOT free to Dell, and the cost is reflected in the system cost. Furthermore, the End User License Agreement states the user has a right to a refund or credit (exact terms) if you choose not to use the software. Dell is obligated to honor this with their agreement with Microsoft.

 

everyone keep saying Vista's EULA have this refund clause,,,,, did any one actually bother to read the EULA? and how is that part worded exactly anyways.

 

By using the software, you accept these terms. If you disagree, do not use this software. Instead, contact the manufacturer or installer to determine their return policy for a refund or credit.