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August 15th, 2009 01:00
Refunding Windows
Hello,
Will Dell refund my OEM Windows as per the Microsoft EULA presented when first booting a new Dell computer?
The EULA is pretty clear on this, but will Dell comply?
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fireberd
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August 15th, 2009 07:00
From many past posts on this forum, the short answer is NO. If you want to install, for example Linux, you are free to install it but you won't get any refund from Dell or Microsoft for not using the Windows OS.
If you wanted a PC without an operating system, there are some commercial line models that can be ordered without an OS.
koma77
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August 15th, 2009 09:00
The thing is that I firmly believe that Dell's "NO" is in contradiction to the agreement between Microsoft and Dell.
The EULA is very clear on what should happen if one does not agree to it.
I think Dell is out on thin ice here...
koma77
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August 15th, 2009 10:00
You are wrong.
The software is supplied with the computer BUT it has an EULA of its own that the user can choose to agree or not agree to. The EULA clearly states what should happen if you do not agree to it. And the EULA is for Windows OEM only, not the whole computer.
It is no big deal for Dell: I won't use the software, so they can sell it to someone else and I get my money back for a software that I will not use. Win-win.
fireberd
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August 15th, 2009 10:00
It has nothing to do with the EULA. It's when you buy the new PC the OS that is supplied is part of the entire new PC package. What you do or don't do with that software is a user issue.
I've been on this forum since 2002 and everytime I've seen this come up, the answer was the same. It's yours as part of the PC and if you don't want to use it, there is no refunds.
fireberd
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August 15th, 2009 11:00
I'm not going to get into a "word" match with you. But, you can think whatever you want, the bottom line is the OS is part of the PC package, if you don't want to agree to the EULA or whatever than it's a customer decision and you can opt not to use the software and install something else, but you will NEVER get your money back. You can buy an HP, Gateway or whatever brand and it will be the same way. It's not something unique to Dell.
You have two options if you don't want to agree to the EULA. Return the PC to Dell and buy something else that does not include the Operating System, or not use the OS and install your own (but you will not get any money refunded).
koma77
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August 15th, 2009 12:00
The EULA states:
"
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.
"
Basically, I choose the second option. It is clearly stated in plain English. The retailer in this case is Dell. "it" refers to "the software" which is Windows Vista.
Dell charges me $X for Windows Vista. All I want is Dell to take back the software and give me a refund of $X.
It is not the same as for example getting a refund for the CPU or disk. They do not have a separate license agreement. The OS does. And it gives me an option to reject the license and it clearly tells me what to expect if I do.
koma77
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August 15th, 2009 13:00
A OEM version of windows is not physically tied to a machine. It is the EULA that dictates that you cannot transfer an OEM license from one machine to another.
The very same EULA that permits me to not accept it AND get a refund.
hrova
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August 15th, 2009 13:00
Since OEM versions of Windows are tied to the machine they are installed on, the only way to return the OS is to return the whole machine.
If you don't want Windows, return it (the computer). Order a machine set up the way you want it.....
koma77
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August 15th, 2009 14:00
I think (hope) I found my answer on another forum.
Someone else in my country (Sweden) managed to get a refund from Dell for the Windows Vista OS on a Dell laptop he bought.
So, it is possible after all.
:)
hrova
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August 15th, 2009 14:00
"The very same EULA that permits me to not accept it AND get a refund."
So return the computer to Dell and get your refund.....
hrova
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August 15th, 2009 14:00
Rumor has it Dell did it for some people as a courtesy once or twice, though it sounds almost like urban legend type material.
There is certainly nothing that requires it like your posts have implied.
hrova
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August 15th, 2009 14:00
Here is what Dell publishes online for its Windows Vista OEM license...
"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."
It never says the manufacturer will refund just the software. Dell's return policy is a 21 day satisfaction guarantee. You have the option to do your return if you are within that time frame.
Since it sounds like you are questioning your purchase (buying a Windows machine you did not want), return it and purchase what you want.
koma77
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August 16th, 2009 10:00
Yes, it is worth it since the computer I want can only be bought with windows even though I would like to buy a computer without OS.
Luckily the EULA permits me to do so, otherwise I would be stuck with yet another OEM license.
ejn63
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August 16th, 2009 10:00
Is the small refund you'd get worth the potential aggravation of having to call support and load the operating system that shipped with the system? If you have a hardware problem, you could wind up in limbo - Dell can refuse support and service if you don't have the OS shipped with the system.
hrova
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August 16th, 2009 11:00
"Luckily the EULA permits me to do so"
No, it does not. it simply says to contact the manufacturer for refund policy.... Dell's policy says you can return the computer within the 21 day period.
Dell might be kind and refund it, but it is not a case of the EULA requiring it.
EDIT: I find it sad that there are even these discussions. If you don't like the fact that most Dell's have Windows, don't buy from Dell. It is ridiculous that a purchaser can buy a product and then try to change the terms of purchase after the sale. What ever happened to common sense and personal responsibility, along with the freedoms of a company to sell products as they see it?
Sorry for the rant....