Dell EULA agreement.

Boston

On Dells Microsoft Vista EULA it states that that a consumer who disagree with the term of the EULA contract should contact the supplier, but having rang dell they claim point blank that this is not possible and that they have strict policies on the matter.

Now heres a blog on the 28 of January on the subject, with relevant links.

What I'm wondering two things, is the legal foundation of dells position and is this the type of thing one could take dell to the small claims court over.

Heres another one
http://www.linux.com/articles/59381

Tom Young

Did you read the Charter?

Boston

Yes, I'm not seeking personal legal advice. And have in fact found the answer to both my questions in the mean time.

You can take Dell to the small claims court and they have no legal standing to deny me a refund.

Would it be ok for me to post updates to this thread as things progress?

Tom Young

Which term of the EULA did you disagree with? Out of interest?

Boston

The entire thing. Basically the problem is that dell forces you to buy Microsoft software and the EULA license agreement is you agreeing to pay for the software after you've already paid for it. Of course this is a big no no, and to get around that you have the opt out of not agreeing to the EULA and seeking a refund. However dell and other retailers of Microsoft's OEM software make it as difficult as possible to get that refund.

How many many people run linux these days, but still have that version of office and Xp that came with the PC, that they never wanted, but paid for.

Tom Young

Fair enough, but were you not on notice of this in advance? Before you entered into and completed the contract?

I'd imagine you possibly could try and action it but I'd assume that like anything you're on notice of it might be assumed that you knew that the PC/Kit etc came with Microsoft O/S etc.

Boston

Yes I did know all about it and had prior knowledge of this case in the UK. The problem is that dell doesn't give you and choice when buying, the EULA is you exercising your right not to use the software under their terms of service. I no real evidence that they are obliged to give a refund though, bar the fact that in every case I have found where someone has refused to agree they have given a cash refund, not credit, which implies to me that there is an obligation.

I should add, I sent them an emailing stating I didn't want any Microsoft software.

Anyway, I've put in a small claims court claim for 79 euro. I'll update

axer

What Dell model did you buy?

Have you seen this?
http://www.dell.com/linux
http://linux.dell.com/

EDIT: I see now that the above links only apply to the USA

Make sure and give an update as I would be very interested to hear how you get on.

sh_o

Did you have a look at the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (Statutory Instrument 207 of 2001). and cooling off periods which may apply.