Posted by: Anonymous Coward
on January 06, 2007 05:19 AM
The Windows EULA says you can get a refund if you don't agree to its terms. It does NOT say that you can get a refund for JUST the Windows operating system. Nor does it say what the purchase price of your copy is.
If you disagree with the EULA and call Dell, they have every right to say "Yes, we will happily issue you a refund for the entire bundle you purchased if you return it" or say "Your copy of Windows was provided to you at no cost as a free add-on to your purchase."
Dell's "terms of sale" which they push on every page of their website and to which you must agree before they complete a sale specifically say that the operating system is bundled software and may only be refused/returned if the entire system is returned.
They'd also be totally in the right to say that there is no purchase price for Windows because they provided it to you free as an incentive to purchase their system. When I bought my Dell, I got a free memory upgrade. I would be totally in the wrong if I called them up and wanted to return the additional memory chip for its full retail value.
I agree with you that Windows shouldn't be forced on users, and that there should be "no-OS" options for customers. But I have to say that I think you're in the legal wrong here. Dell would be totally in the right to say "Yes, we will issue you a refund per the EULA of your entire purchase price upon return of the computer."