Reclaim Money for Vista from Dell?

NullZer0

Hi everyone,

I was considering buying a Dell and running Linux.


Someone at work mentioned that if I dont run the initial Windows Vista/XP setup and dont agree to the EULA that I can apply to have a refund issued for Windows.

Is this true?

zod

I emailed the nca this and they replied :

From: xxxxx@nca.ie <xxxxxx@nca.ie>
Subject: Reply from National Consumer Agency

Dear,

Thank you for your email concerning a refund for software.

Please note that The National Consumer Agency (NCA) has been set up on a statutory basis with effect from 1st May 2007. This Agency incorporates the powers and functions previously held by the Office of Director of Consumer Affairs (ODCA).

Regrettably, this Office has no remit in the issue you raised in your
email. As a consumer you are not seen to be at a material loss. Due to the
fact that the software is not included in the final price, you as a
consumer cannot insist on a rebate. The onus would fall on the consumer to accept or reject Dell’s offer.

Thank you for contacting us and I hope you find this information useful.

Yours Sincerely



xxxxxx
National Consumer Agency

NullZer0

Aw well. It was worth a try!

Cheers!

sozbox

I read a topic on this a few weeks ago, not sure if it was here or not but basically people were getting a refund from Dell!
I'll see if I can find it again.
If I were you though I'd give Dell a ring and see what they say.

sozbox

http://www.networkworld.com/news/2006/110706-dell-windows.html
http://news.bbc.co.uk/1/hi/technology/6144782.stm

NullZer0

Brilliant!

Im gonna do that!

sozbox

Let us know how you get on.

thebman

You are entitled to a refund because it is included in the price and Dell tell you have much it costs in the breakdown when customising your system.

The consumer association obviously work on some illogical basis that Dell give windows away for free.

Tar.Aldarion

They ar eprobably saying that you knew windows was included in the system and you bought it, so what right do you have to get it refunded? etc

shanew

I read recently that Dell will soon be selling PCs with
Linux.

just confimed this...they have started today. Did a Google
news search and found articles mentioning selling PCs with
Ubuntu Linux - not sure when this applies here.


Shane.

Khannie

There's a thread in the unix forum on this. I have heard that it's possible alright.

NullZer0

Cheers for all the replies.

Tar.Aldarion wrote:

They ar eprobably saying that you knew windows was included in the system and you bought it, so what right do you have to get it refunded? etc

Yes, you knew that Windows was included in the system.... but you may not agree with the EULA (as far as I know, the first time that a customer comes in contact with this is when they are installing Windows and they have to select "agree" or "disagree") I would assume that if for some reason you disagree (why, is not important) that you would have to receive your money back as Microsoft does actually mention that if you do not agree to the EULA to contact your vendor for a refund.

I suppose one issue may be that Dell could decide to refund you for the whole computer and take it back? Would that be a possibility?

311

Do dell not require an operating system functioning ,so they can test the machine ??
I can't see dell selling a machine ,without an operating system.

NullZer0

Yes they do, but before the end user can use it they have to run through a simple setup process.

Hence its called the END USER LICENSE AGREEMENT

Tar.Aldarion

iRock wrote:

Cheers for all the replies.




Yes, you knew that Windows was included in the system.... but you may not agree with the EULA (as far as I know, the first time that a customer comes in contact with this is when they are installing Windows and they have to select "agree" or "disagree") I would assume that if for some reason you disagree (why, is not important) that you would have to receive your money back as Microsoft does actually mention that if you do not agree to the EULA to contact your vendor for a refund.

I suppose one issue may be that Dell could decide to refund you for the whole computer and take it back? Would that be a possibility?

They might take it all back, how much is vista worth, couple of hundred I believe.

snappieT

Couple of Hundred retail.

They're getting it OEM, and buying in bulk.
I'd say about 100 quid for Home Premium, 200 for Ultimate.

NullZer0

snappieT wrote:

Couple of Hundred retail.

They're getting it OEM, and buying in bulk.
I'd say about 100 quid for Home Premium, 200 for Ultimate.

If not cheaper!

You have to remember how big dell are and how desperate microsoft are to sell vista!

DanGerMus

Yeah a system builder version (OEM) of vista ultimate can be bought from online shops for as little as €150. www.hardwareversand.de, but you have to be buying all the other bits that make up a pc to be able to purchase it at this price. Anyway you can be sure dell pay a good bit less for it.

zod

iRock wrote:

If not cheaper!

You have to remember how big dell are and how desperate microsoft are to sell vista!

let us know how u get on

lodgepole

brim4brim wrote:

You are entitled to a refund because it is included in the price and Dell tell you have much it costs in the breakdown when customising your system.

Not necessarily. I would have thought it was entirely in Dell's corner as to whether you should get a refund. You purchase the computer with the knowledge that the OS is included in the price, whether you want it or not. Signing or not signing the EULA is your choice, but you have purchased the media and the option from Dell. I don't see any legal reason for them to have to refund you. Would the same be true of hardware?

snappieT

When you buy the computer, you are not made aware of an existance of an EULA, let alone the contents.
If you don't want to agree to the EULA, that's Dell's problem, not yours.
That said, I can see them forcing you to read and accept the EULA during the ordering process from now on.

You can't return the likes of a keyboard you don't want, because there are no licences governing that. Dell were clear in what you were getting: a keyboard,
however Dell say you get Windows Vista, then exclude the "so long as you sign your life away by accepting microsoft's EULA", and so it's a condition of the contract that you haven't been informed about. Contract void. Money please.

lodgepole

snappieT wrote:

When you buy the computer, you are not made aware of an existance of an EULA, let alone the contents.
If you don't want to agree to the EULA, that's Dell's problem, not yours.
That said, I can see them forcing you to read and accept the EULA during the ordering process from now on.

You can't return the likes of a keyboard you don't want, because there are no licences governing that. Dell were clear in what you were getting: a keyboard,
however Dell say you get Windows Vista, then exclude the "so long as you sign your life away by accepting microsoft's EULA", and so it's a condition of the contract that you haven't been informed about. Contract void. Money please.

You're aware that you're buying Windows Vista, signing the license goes hand in hand with that. I can see no legal reason why Dell should be expected to refund money for it. I can see why they offer the service in some cases and they should be commended for it, but there is no law that says they have to.

Obelisk29

Why not ring them and ask for the Linux version of the system. They're called the N-series.

BTW, anybody noticed that when you ring Dell Home Sales you're now most liklely to get transferred to India.

snappieT

Lodgepole wrote:

You're aware that you're buying Windows Vista, signing the license goes hand in hand with that. I can see no legal reason why Dell should be expected to refund money for it. I can see why they offer the service in some cases and they should be commended for it, but there is no law that says they have to.

I beg to differ. Say you sign up to Sky Digital, and upon reading the T&Cs that were'nt provided at time-of-sale you found out that you're not allowed to record any programming, and it had been made technically impossible to do so. If you weren't told this would be a problem, you'd be entitled to a refund.

Same goes for this. You're buying a laptop with Windows Vista installed on it, but you're not told that infact you have bought a licence to Vista, not an actual copy of it. You are now under terms that you weren't informed of.

You can't say people would be expected to read the EULA of a product they're buying before buying it as part of a larger package, espically if the EULA isn't provided to them during the purchase process.

snappieT

Obelisk29 wrote:

Why not ring them and ask for the Linux version of the system. They're called the N-series.

BTW, anybody noticed that when you ring Dell Home Sales you're now most liklely to get transferred to India.

You can't get the N series on all models, only 3, due to the utter lack of driver support for anything on Linux.

Hopefully this move will encourage the manufacturers to develop linux drivers to entice dell to use that product. Everybody wins.