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HerbertCunningham

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HerbertCunningham

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January 7th, 2009 09:00

Obtaining refund for unwanted Windows Vista

In the next few days, I intend to order a Dell Vostro 1310 notebook, which, according to your online store, gives me no option other than to order the notebook with Windows Vista pre-installed.

Given that I have no interest in purchasing, using, or accepting the EULA of any version of Windows, I would like to establish the best way of being refunded for the software. If I order over the phone, can I specify not to have Windows Vista installed, or do I need to just order it, then apply for a refund? The latter option is obviously time consuming for both parties, so I'd rather avoid that if possible.

Regards.

  • HerbertCunningham

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    Posted January 7th, 2009 09:00

    Hi Larry, thanks for the reply. I should probably state, that I'm from the UK, where only the option of Windows Vista is available through the website. Windows XP would still be unacceptable to me, however no OS, FreeDOS or Ubuntu would be ideal. I agree that phoning a UK representitive for clarification is probably the best thing to do at this stage.

    --

    Mary, I appreciate you taking the time to reply, but the software comes with with a license that specifically states that the customer is entitled to a refund should they not want the software. I have studied the Windows Vista EULA which the customer is required to accept before first use and it states: "You agree to be bound by the terms of this EULA by installing, copying, or otherwise using the software. If you do not agree, do not install, copy, or use the software; you may return it to your place of purchase for a full refund, if applicable."

  • Mary G

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    Posted January 7th, 2009 09:00

    Every computer comes with an operating system and is already activated as per Dell's agreement with MS. No refunds. You might be able to order through Small Business Sales and  request Vista downgrade to Windows XP or Linux, but you cannot order one without an operating system. Go HERE to see what's available.

    4th

  • Larry R

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    Posted January 7th, 2009 09:00

    There are a number of options for you.  According to this page on Dell.com you can order a Vostro 1310 with XP installed.  There are also a number of systems in the N-series that have no OS (or FreeDOS) installed on them, in addition to the systems that ship with Ubuntu linux.  If you speak to a sales rep you might be able to order the Vostro without an OS as well, though I don't know the details on how that would be done.

  • Davet50

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    Posted January 7th, 2009 10:00

    That does not apply to OEM installed software.

  • msgale

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    Posted January 7th, 2009 11:00

    This is an old issue, and has been argued ad nauseam, on this and other forums.   To date no one, in the United States, appears to be successful in their attempts to return an Microsoft OEM operating system for a refund.  I think you should either buy what Dell has for sale or buy elsewhere.

  • hrova

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    Posted January 7th, 2009 12:00

     I think you should either buy what Dell has for sale or buy elsewhere.

    Amen to that.

    The "you may return it to your place of purchase for a full refund" would apply to the whole machine, as an OEM version is tied to the machine and cannot be separated. So if you bought it and wanted to return for a refund, you'd return the whole computer, and possibly face a 15% restock fee.

     

  • elixir19

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    Posted January 7th, 2009 13:00

    Yes u can...

    check this webpages :-

    http://news.bbc.co.uk/2/hi/technology/6144782.stm

  • Larry R

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    Posted January 7th, 2009 13:00

    While others have gotten a refund for Windows in this way, it is usually must less of a hassle for everyone to just order a computer with no OS.

  • hrova

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    Posted January 7th, 2009 15:00

    At least in the OP's defense, he is trying to buy without the OS, which is, as Larry stated, the common sense thing to do. But the links to some of the other refund maniacs showed how skewed their logic was - intentionally buying a product with an OS they do not want (or will claim they do not want) just to get the OS credit. Ridiculous.....

    I firmly believe that while a computer company may have given money back in good faith, there is no legal basis for requiring them to do so. If there were legal basis for it, computer companies would specify what the refund was for to protect themselves from further liability for the OS refund. None of the cases I read about have said they got a check for an OS refund.

  • elixir19

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    Posted January 7th, 2009 20:00

    While others have gotten a refund for Windows in this way, it is usually must less of a hassle for everyone to just order a computer with no OS.

    But larry in india their is no such option to choose system with OS or without OS.

    It clearly written that if you dont accept EULA you ask for refund from the retailer,here retailer is dell and dell have to honor the EULA (contract with Microsoft).

     

    As in EULA its clearly mention "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."

    So dell can only sell vista along with hardware but dont force us to use or accept EULA. It customer choice whether he/she accept/deny the EULA.

    Dell can only retail vista,and if a customer deny EULA dell have to refund it,coz customer is asking for refund from microsoft not from dell, but coz M$ mentioned that for OEM version customer have to demand for the refund to retailer.

    Thread starter is legally asking for his/her right,there is nothing wrong in it.HOW CAN DELL FORCE ANY CUSTOMER TO USE VISTA WITHOUT READING MICROSOFT EULA?