Hifiman sent me HE-6s, I ordered HE-300s. - Page 10  

All of the posts suggesting that the OP should capitalize of the company's error gives credence to the saying: "Never underestimate the lack of integrity of the human race and you will never be disappointed".   

The level of, shall I say, enthusiasm the OP had in his video for a $1500 pair of phones I *kind of* get, but dude really, if you save up your coin "these too could be yours." It's not like someone made a mistake and sent you $10,000 phones (now THOSE you might never hear and THAT might be worth posting a video about).

 

We live in a Facebook/Twitter/YouTube world where people post stuff all the time. I think many would agree a lot of stuff gets posted that really shouldn't see the light of day. IMHO, if one is going to post something like this, you've just opened yourself up to scrutiny and you'd better be willing to do the right thing because now an entire online community that includes the merchant, is watching. The only reason to post it (again IMHO) is to say "wasn't this a cool thing that happened, I'm sending them back, oh well..." Further note: This is a very small community. It doesn't take many clicks to figure out who is who. Which leads me to...

 

Posting a For Sale ad is just dumb and underhanded. This isn't "found money" that has no serial number and can't be tracked and the mistake was not made by a large company. Kinda low rent if you care at all about your reputation on this forum. That's really the worst of it if you ask me.

 

There is a certain naiveté in the daydreaming that went on too of wondering if you'd get to keep them and whether they would upgrade to a pair other than what you ordered. What should happen is you end up getting what you pay for (and not get stuck paying for shipping the HE-6s back to China, which I highly doubt was ever going to happen anyway).

 

Good luck, I hope you get your phones and maybe you'd do it differently knowing what you know now.

Purchasing merchandise is considered as a contract.  Contracts require a "meeting of the minds" to be valid.  In this case, there was not a meeting of the minds.

 

You paid X dollars and expected item X.

 

They received your X dollars and sent item Y.

 

They thought they sent you item X and you wanted item X.

 

You received item Y and were expecting item X.

 

This contract is void.  The minds were not met and the contract was not faithfully executed.

 

You are not entitled to keep item Y.  You are only entitled to item X or a full refund on item X.  If you keep item Y for the price of item X, it is considered stealing and the vendor is legally entitled to recover item Y.  Vendor is responsible for shipping costs to recover item Y and send out item X or process full refund.

 

It's as simple as that.  Any other interpretation or spin of that is ridiculous and an immature way of justifying your own greed.  There is no discussion beyond that.  Trying to negotiate this is no different than trying to negotiate gravity exists.

 

It is no different than your employer accidentally overpaying you on your paycheck.  They are entitled to that overpayment and have legal ways to recover it.  It's not a gift. 

 

Accidents happen.  That's why we have laws and contracts.

Edited by hodgjy - 2/14/12 at 5:10pm

just wondering, is this an actual law? or just a logical explanation

It's a pretty standard law.  As far as the validity of it, if HiFiMan ever found out their error, they can legally request it back.  If the item is not returned, they can charge the remaining balance to the buyer.  They are legally entitled to the difference.

 

Edit P.S.  This is not to be confused with the "item I didn't order."  If you did not order an item, but received one, then it's a gift.  However, you did order an item, but received the wrong item.  This is very different and is most definitely not a gift.  You legally owe the balance if you decide to keep it.
 

 

Edited by hodgjy - 2/14/12 at 5:22pm

http://www.head-fi.org/t/595994/burger-king-sent-me-a-whopper-with-extra-cheese-and-large-fries-ordered-regular-meal

 

http://www.head-fi.org/t/595996/bk-regular-sized-whopper-meal-with-extra-cheese-and-a-large-fries#post_8146787

That's obviously not what I was saying. Since the OP wanted to know how much he could get if HiFi-Man let him keep the cans then an appraisal would be appropriate, nobody pays MSRP for used cans. I would think placing a for-sale ad without having the right to sell them would violate the TOS. Heck, he doesn't even know if they were new or a returned pair that was mistakenly sent out to him.
Edited by Draygonn - 2/14/12 at 5:40pm

Why is this so hard to understand?  Both buyers and sellers have rights.

 

If you were accidentally sent an item valued for less than what you paid, you are legally entitled to the proper item for which you have paid.  You can file a claim against the seller and win.

 

If you were accidentally sent an item valued for more than what you paid, the seller is legally entitled to the proper item for which you have not paid.  The seller can file a claim against you and win.

IF they cared/noticed they made a mistake, they would have contacted you asking to return the shizz. this happened once to me, I bought a pack of string for my yoyo and ball bearing grease and I received a email stating that they made a mistake and shipped two packages to me by mistake and asked that I refuse the shipment and let USPS redeliver to them. 

^^^ Exactly (to Buff).

 

Let me say this as simple as possible for the OP.  The OP did not gain ownership based solely on the seller's mistake.  The ownership lies with the seller and they can legally ask for it back.  Look up the term "bailment" and see all the good stuff that follows.

Since the shipping was their error, they pay all shipping fees for the return of their item and the shipment of your item.
 

 

 

you can negotiate here, they pay shipping fees ($20?) or you keep $1000 extra worth of phones.the latter sounds good? great, i can live with that