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Submission + - Dell (Australia) Refuses Vista Refunds 3

Dean Bergin writes: "It would seem that after contacting Dell for about 5 days straight, I have been thusfar unable to obtain a refund for my UNUSED copy of Windows® Vista(TM) Home Premium (32bit) that came with my XPS M1730. Here are some of the lame "reasons" they gave me:
  • We are unable to refund due to Microsoft Licensing.
  • You accepted the agreement when you purchased the computer online as part of our policy.
  • You will be breaching the Microsoft License if you send the product back.
  • Because this is OEM version, we are unable to provide a refund because it is bundled with your computer.
These "reasons" didn't seem to make any sense, so I did some digging around on the Dell website for these policies and this is what I came up with:

The Dell's "Total Satisfaction" Policy states the following:

"You may return software for refund or credit only if the sealed package containing the diskette(s) or CD(s) is unopened"
I also checked their Terms and Conditions of Sale ("Terms and Conditions") and that states the following:

"All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Dell does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use."
So, if I do NOT to agree to the the Windows® Vista(TM) EULA and adhere to the conditions within it (don't use it and uninstall said software), am I not entitled to a refund???

One thing is for sure: The call centre minions at Dell don't know ANYTHING about software licensing and are not trained to deal with this situation, which means I am now stuck with a rather expensive coaster :P"
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Dell (Australia) Refuses Vista Refunds

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  • Australian Competition and Consumer Commission. http://www.netcraft.com.au/geoffrey/toshiba.html [netcraft.com.au]
  • It's possible that you have the right to return the whole product (the Personal Computer with its copy of Windows Vista) for any reason or none; many retailers give 30-day return privilege for full refund.

    If you want an 'x86-type' computer without Microsoft Windows, you'll do best to look for server-type computers ; IBM eServer xSeries [ibm.com] are some. Or eBay 'pre-owned' [ebay.com]. Or build your own from components.

    You cannot really force a retailer to sell something they don't want to sell.

  • Seriously, why buy it in the first place, when you sure know you will be dissatisfied and claiming refund? Of course, all subsequent buyers will be grateful for creating a precedent, so they might go through negotiations with Dell about no-OS option easier, but what use wasting your own time?

    Dell is well-reputed amid linux community for making hardware that needs no tweaking. Say 'thanks' to them on this merit alone, say 'fine' and go buy a blank laptop elsewhere if Dell won't ship you one. Aren't there any

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