How to get money back for Vista ?

Finally I m gonna receive my Dell XPS M1330 on monday....

I don't want the Vista home edition that comes with it since I already have Vista Ultimate with me....

1) I want to have refund for Vista home......How should I go about it.....??

2) How do I go about installing Vista Ultimate on my notebook without accepting Vista Home agreement from start to end......Can somebody please tell me the detailed procedure for doing so or point me to a thread where this can be found.....

Thanks....any help would be highly appreciated and repped !!

 

you cant get a refund for Vista. Dell has updated their policies on this according to the long and detailed thread already on this topic.

as for the installing Ultimate, just use the search function on here to find 1 of the many threads.

 

Refer this thread :
http://forum.notebookreview.com/showthread.php?t=151184&highlight=vista+money

People have got refund....It is stated in EULA...

 

Die Thread Die!

 

I don't know what people don't get about this: if you don't want a copy of Vista, don't buy a Dell that's preloaded with Vista. Dell doesn't have to refund you the money for just Vista, but they do have to accept a return, so here are your options:

1. Keep the laptop at the price you paid for it.
2. Return the laptop and get your money back.

All the EULA states is that if you don't accept it, you should return Vista. Dell does allow you to return Vista, but it better have the computer attached.

 

The EULA states something different.

Correct. And states (or stated? Has M$ changed the Eula shipped with Dell's laptops?) that Dell should refund you the price of the OS whose eula you did not accept. It is just a matter of how much you can get.

I find intriguing the way such a simple right has difficulties in being accepted.

 

I don't think you can get a refund for the OS that was installed in the system. I agree with Lithus, if you want Vista refunded, better include the system. The cost of your system includes the OS itself, as a package, including the LCD, motherboard, hard drive, optical drive, etc... as in everything. If Dell will allow individual parts, including the OS and the warranty to be refunded, then Dell would be really losing a lot of money.

I hope you get the point. If you have your own copy of the OS, better get a system without an OS installed.

 

read the thread closer. people think they have gotten refunds but in actuality they haven't. it's been more of a "we dont want to deal with this bull so here's some money to shut you up" credit. since then, Dell has revised their policies stating to go to MS and talk to them about a refund and after MS is done laughing at you will tell you next time to not buy a computer with Vista preloaded on it.

 

I have never heard of anyone getting a refund for their license...

 

The law does not guarantee you a right to return Vista without returning the computer itself. Try going and buying a car, and then returning the tires because you already have some. You have the right to return the car, but you can't return it piece be piece. Dell is selling you a computer, not just Vista.

And that's besides the fact that anyone who buys a Dell knows what operating system is coming with it. Dell doesn't sneakily throw it on and charge you for it.

 

Oh my, here we go again...

The OS is different. It is different because ito comes with a license you are required to agree with. Since it would be unlawful to force a customer to agree to the term of a licence he or she can't read until the actual system is in his/her hands, the customer has the right to read it and refuse it if he/she choose so.

There are no EULAs tied to the screen, to the hard drive, to the screw and to the heatpipe. But there is an EULA tied to the OS.

And the EULA states that should you not accept it, DELL (and not microsoft) has to refund its cost, as per the agreemement they signed with Microsoft. They are bound by the EULA as well as you are.

But they won't admit they are refunding you the license. They will try to pay you the less they could, and try to make it seems they are doing you a favor.
It is not, they are required to fullfill the terms of their agreement.

And they can revised their policies how much they want, but as long as the eula is there and states that you the customer are entitled to refuse it and getting a refund for the software they will have to refund it.

So do I.

In this de facto monopolized market?
Unfeasible.

 

Show me the EULA for the tires, and I'll tell you if you can ask a refund for them.

 

You can't return Vista for the same reason you can't return just the LCD or HDD for a refund; you purchased the system knowing that they were a part of it.

If you want to return a part, just return the whole thing.

 

The EULA plainly states: "By using the software, you accept these terms. If you do not accept them, do not use the software" and Dell fully complies. If you don't accept the EULA, you are free to return the computer. No where does it state that a company must refund you for only the Vista portion.

And it's not unfeasible to get a computer without Windows Vista. XP exists in all business lines and whitebooks. Mac OSX exists in Macbooks and Macbook Pro's. You can also purchase a whitebook without an OS.

 

Aw... c'mon. Go on reading: "By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit."

The "instead" refers to what?

http://download.microsoft.com/docum...lish_36d0fe99-75e4-4875-8153-889cf5105718.pdf

Yep, I should have said "a laptop with PC architecture (intel/amd) without a Microsoft Windows OS"; that's the monopoly. A Mac costs nearly twice the corresponding "PC laptop".

As I've asked to two other posters with your line of reasoning, I dare you to find a laptop lineup with the same specs and price range of the Dell Vostro/Inspiron that has no Windows OS (or no OS at all) preinstalled.

I have yet to receive an answer to that.

 

Sagar 2090. But when the hell did the USA turn from "the land of the free" to "the land where everyone has the right to buy a laptop without Vista"? It's a free market. If everyone wanted to charge 12 billion dollars for a laptop, they have the right to do so. Maybe the cost of not owning Vista is an extra $1000 - that's your choice. No one's forcing a laptop on you. Like I've said before - Dell takes returns, you just have to give the whole thing back. If Dell or any company didn't take returns, that would be a violation of the EULA.

 

One laptop?
I had a look at Sager's website and, guess what: the preloaded OS is MS Windows on all the models I've seen. (by the way, it seems that XP costs 35 bucks more than Vista Home Premium , go figure...)
http://www.sagernotebook.com/product_customed.php?pid=687&action=customize

(they look nice, by the way even if they are slightly more expensive of a Vostro: I equipped the 2090 with the same specs as my Vostro and it came out 1444$ against the 900$ mine cost on dell.us.)

Must have something to do with the introduction of antitrust laws, I guess.
I wonder when the the transformation from "the land of the free" into "the land of the forced to buy a laptop with a M$ OS" took place.

But since they tied a contract on the software, they are bounded to fullfill its terms.

Read it again:

" By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit."​

The "it" in "return it" is "the software".
Not the laptop.

 

Very true...

 

got myself a $100 credit back for vista basic....

 

You dont want a PC with Vista?
Here ya go http://www.dell.com/content/topics/segtopic.aspx/ubuntu?c=us&cs=19&l=en&s=dhs
Now you arent being strong-armed into buying a PC with software you had no idea was coming with your PC.
Uh-oh, but buying this model means you cant screw Dell out of another $50 of an already razor thin profit margin product, better buy the regular one so you can try and get more out of the deal.

 

the eula is for the END USER... NOT DELL.. just fyi.. so it means you not dell need to agree to it

 

Not another one of these again.... Seriously this topic is old and beyond dead and dry...

You agree to all software EULAs according to Dell's Terms of Sale which you have to agree by to buy the machine in the first place and your only real recourse, which is the most logical, is to return the whole machine...

Some people get easy going reps and get a deal... Either way you're just scamming Dell...

No need to keep arguing an issue that is beyond dead... Arguing for returning Vista to Dell just shows either an inability to read or the scamming intent of the individual...

Please let the settled debates rest in peace

 

The EULA is there because DELL signed an agreement with Microsoft in order to have Windows on their systems. Simply because the OS is not DELL's property; it's not even your property: it's Microsoft's.

Since the EULA states that the manufactures has to refund you the software, should you not accept its terms, DELL has to honor that clause and refund you the software.
It's just a matter of "how", not of "if".

 

Seems logical to you.
The contract, and that's what counts in a business transaction, says you can return the software and get a refund.

It seems more logical to follow the rules stated in the contract, instead of inventing some other rules based on a supposed logical sense.

Read the contract before calling scammers the people who are exerting their rights.

Also, have a look at the end of this thread, particularly to what BertieW has written.

 

You asked for one example. Don't criticize me for giving you the first one that came to my head. Look at www.xoticpc.com or www.powernotebooks.com if you want more.

Again, free market. Everyone's free to charge what they want to. You can't criticize Dell for selling cheap laptops. And it's not Microsoft's fault that Dell and the other name brand companies can sell their laptops for cheaper than Apples or whitebooks. Maybe it's Apples fault that they don't allow any other company to sell Mac OS loaded notebooks... But again - no one's at fault, free market.

So who exactly was it that forced you to buy a computer? And who was it that said you couldn't use a Mac? If you say they're too pricy - maybe that's not Microsoft's fault - but Apple's instead?

The thing is: the EULA doesn't have an explicit clause for OEM versions of Vista, and their subsequent return policy (if they did, we wouldn't be having this debate). In order for Dell to operate within that quote, all they have to do is accept returns on the software - if they demand the laptop to go along with it, they're still within the bounds of that clause, since it doesn't state in which manner the retailer can accept the return.

 

why would they have an explicit one? to confuse people even more? they just have one for both oem and retail...and whoever called people scammers, can suck on my left nut. i didn't want vista(especially basic) to come with my laptop, but i didn't have an option. if i did, it would certainly not be vista.
now, don't tell me that i should've bought my lap somewhere else, cuz it was well withing my budget and i couldn't afford anything else. thank you.

 

I asked for a lineup in the same price range as the Vostros.
The lineup shared the specs but not the price range. Moreover on Sager's website you are still offered laptop with Windows only.

Still way off the price range for comparable specs.

No, I am telling you that in that price range you are not able to find a laptop without a Microsoft Windows OS preinstalled.
Doesn't it sound odd to you that a laptop without a $100 dollar product can cost you $300 more?

The line that separates a free market from a monopoly is rather thin.

Still not reading till the end, eh?
"...forced to buy a laptop with a MS OS"
I was forced to have Vista on the laptop I chose. Dell forced that on my system, once I decided their hardware and price were fine for me.
Do a search on the internet on the major laptop vendors: HP, Dell, Acer, Toshiba, Fujitsu-Siemens. They all force Windows on their system.
You call this "free market". I call it "monopoly", since there is no freedom implied in having an OS you don't want (or already have).

That's another one that leaves no freedom, so please don't bring it up as an example.

LOL.
The EULA you have just read IS on the laptop.
So it refers to exactly that version of vista that comes with the laptop.

I am afraid not. Because the laptop, once you bought it, is yours. (not so the software which still reains Microsoft property). So they might ask to temporarily send your laptop back to them in order to remove the software (and give you the refund granted by the EULA), but that's all.

 

http://www.dell.com/content/topics/global.aspx/policy/en/policy?c=us&l=en&s=gen&~section=010#total

Dell Return Policy (U.S. Only)

"Application software or an operating system that has been installed by Dell may not be returned unless you return the entire computer under the 21-day return policy, if applicable to your purchase (if not applicable to your purchase, you may not return application software or an operating system)."

 

this thread should be stickied so that this stupid topic isnt made anymore. plain and simple: you can NOT get a refund on just the OS. leave it at that; end of discussion.

 

i'm not saying u're ignorant, but how did i get my credit from dell then?

 

because you got lucky from a Dell rep that simply was unaware of the policy or was unclear of the policy or he/she was tired of dealing with you and wanted to move on to the next person in line since Dell is concerned about numbers of people served. i'm not sayin people havent gotten any sort of credit but those that have simply got lucky.

 

Can we let this topic die now please?

 

I know you guys all want this to die, but I think we're arguing over principle and not fact here.

That being said...

Here's the thing, Dell and HP are able to sell computers cheaper because they're mass marketers - they sell high volume with razor thin margins. The companies I pointed out that let you choose your OS - they're small businesses, they need higher margins to survive and thus more expensive computers. If you think that there's a mass conspiracy to "force" Windows on everyone...

Microsoft is a company, they do what they need to in order to make money. Everyone else is competing, but Microsoft is winning.

If you want Dell or HP to start offering more Linux options, you need to get more people to use Linux. When it becomes profitable to sell Linux computers, they will. But here's the thing - some people actually prefer Windows to Linux. Just because you want a red t-shirt when everyone else wants a blue one doesn't mean the t-shirt companies' going to make you a special one for free - they will make you one, but you might have to pay a little more.

 

ok, then, linux is a totally diff product though. what about windows xp? it's not a totally different product, it is still produced by microsoft, why not still offer it?

 

you still can get XP but it takes a bit of work, mainly calling into Dell and speaking with someone. Dell is more willing to work with you to get XP on your computer if you call into anything besides the Home section. the business section (both small and large) are more accommodating and easier to work with. because companies are waiting to switch over to Vista down the road, Dell has to still offer them XP. i think if you look at the Home section, users don't need XP as much as businesses may need it. the majority of Home users are average joes that will take whatever they are given regardless what OS it is. a lot of times too, users want the latest and greatest and so that means loading the newest OS, ie Vista.

 

No one is forcing you or anyone to read this thread. Don't like it? Then don't click on it

I think the OP should have discussed the OS situation prior to ordering the system in the first place. Once you've purchased their product you shouldn't be surprised if they are unwilling to budge.

 

Is this something that has been recently added?
Because the last I knew of was a clause that said the customer should have implicitly accept the licenses of the embedded sofware, and -as already pointed out in the other thread I've linked- this was very likely another vexatious clause that would not stand in a court room.
At least in the EU it would be void since in no way you can force a customer to accept the terms of a contract he has not read yet.

In the EU the clause you posted could be a vexatious clause as well because it imposes an unnecessary vexation on the customer..
Dunno for the US, though.

Oh, here is a post from someone who is getting an actual refund for Vista from Dell , since he said he got a UPS slip to send back the sticker and COA.
http://ubuntuforums.org/showthread.php?t=525997

 

Agreed.....however it grows tiresome to see various threads from zealots claiming how they got money back and the sheep that pile on board afterwards with their comments.

I don't have to click on the thread to see that it's there.