[Kernmac]

 
Quote:

just so you know...in america you can legally keep it
 
 
lol @ the legal experts in this thread.
 
legally...you got something you did not order.

Are you sure?  Unsolicited or unordered merchandise may not be the same as goods sent in error.  Rather than directing people to a department summary, you would need legal interpretation of the Act or Bill or whatever it is in the US.  I am not saying that goods sent in error are not the same, what I am saying is be careful of drawing legal conclusions without expertise.
 
Regardless of whatever slack the law gives a person, ripping off a seller based on human error sits low in my book.

 

[TheJT]

Quote:

 
That is NOT what the law says. That is if he didn't order anything, but he did so this is technically he recieved the wrong item not unordered merchandise. You need to brush up on your law.
 
 

There's two ways to look about it.  There's your way.  And then there's this: he ordered merchandise and has not received it yet.  Coincidentally, during this waiting period for the intended merchandise, the company sent merchandise he never ordered.  Therefor, he now owns the wrong merchandise and the company still owes him the intended merchandise.
 

 

[Graphicism]

Quote:

If someone accidentally crashed a Ferrari into your living room, does that Ferrari legally become yours?  Accidents do not lead to obtaining ownership.  Pure and simple.  This is why we have laws to specifically sort out accidents.
 
You are not legally required to return gifts.  Gifts are items you did not request.  Since the OP requested an item, but received the wrong item, the gift law does not apply.  Bailment laws apply here. 
 
If the OP decides to not return the item, the seller can charge the credit card on file the remaining balance.  Or, if cash was paid, take the OP to court and sue for the damages.
 

They didn't accidentally throw a headphone at him, he ordered one and they shipped the other. They're not loosing out, they all cost the same, lesson learned.
 
And I don't think you know anything about the law, how would they prove this in a court? IF the OP decides to keep the $1300 headphone head-direct do not have a leg to stand on, furthermore if they charge his card all he need do is put on a hold on the payment and it would be up to head-direct to show proof of purchase for which there is none.

 

[obzilla]

Quote:

I didn't claim to have any knowledge on the matter. I feel you might have misread my posts.
 

Likewise.
I'm just playing to the level of the thread. Nothing meant against you, it was just opportune. 
No worries.

 

[BobSaysHi]

Quote:

Likewise.
I'm just playing to the level of the thread. Nothing meant against you, it was just opportune. 
No worries.

Right, I try to read posts that sound angry or malicious in my head in a different tone. I can't always tell. But, at the same time, I refuse to populate every post I make with a smiley to clarify things.
 
:3 <3 etc.
 

 

[Daemos]

Quote:

There's two ways to look about it.  There's your way.  And then there's this: he ordered merchandise and has not received it yet.  Coincidentally, during this waiting period for the intended merchandise, the company sent merchandise he never ordered.  Therefor, he now owns the wrong merchandise and the company still owes him the intended merchandise.
 

No there isn't. If this went to court I would be correct, UNLESS if you decide to hide the fact that he did order the HE-300s from head-fi. That would be the only way for it to be considered unsolicited.

 

[Daemos]

Quote:

They didn't accidentally throw a headphone at him, he ordered one and they shipped the other. They're not loosing out, they all cost the same, lesson learned.
 
And I don't think you know anything about the law, how would they prove this in a court? IF the OP decides to keep the $1300 headphone head-direct do not have a leg to stand on, furthermore if they charge his card all he need do is put on a hold on the payment and it would be up to head-direct to show proof of purchase for which there is none.

They do NOT cost the same to make. The materials in the HE-6 cost far more than the materials used in the HE-300. Labour costs however would remain the same.
 
And if it went to court head-direct DOES have a way to prove it, they have an order from the OP that he ordered the HE-300 not the HE-6.

 

[Graphicism]

Quote:

They do NOT cost the same to make. The materials in the HE-6 cost far more than the materials used in the HE-300. Labour costs however would remain the same.
 
And if it went to court head-direct DOES have a way to prove it, they have an order from the OP that he ordered the HE-300 not the HE-6.

You're dreaming. How do they prove they shipped out the HE-6? I'm quite sure they thought they were sending out the HE-300 which likely means there is no record of the HE-6 departure.
 
Have you any idea how much it costs to send someone to court, let alone international. Do they have a license to sell to the UK. Was import and VAT paid?
 
I will say again. If head-direct decides they want the headphones back and the OP decides to keep them, they can't do anything about it. Furthermore they wouldn't do anything about it, too costly. Regardless I'm sure the OP will do what they see fit. It's like a witch hunt in here.

 

[Timestretch]

Ugh, this whole thing is so strange.
 
I posted in a thread the OP put in Summit-Fi as well, regarding a vaguely similar personal experience I had when I ordered my DAC1. Long story short, I had ordered a used DAC1 and received a brand new DAC1 USB instead - so I made a brief post about the event, contacted the seller, and he let me keep it with his blessing.  
  
But that's where the similarity stops. I'm most confused by the video upload (why does everything need to be a video upload?), this gigantic thread, the for sale posting, the thread asking how well an E10 can drive the HE-6, the part where he actually dissected the headphones and wondered whether or not he should remove tape in them, etc - all of it combined makes one really strange tapestry. It's one thing to get a mistakenly upgraded order, make a thread saying it's neat, contact the seller and then hang tight and come to an agreement with the seller. It's *completely* different to take the things apart and list them for sale and start talking about how the difference is going to be paying your bills -- all before you've heard back from the seller.  
  
I know you're excited about the unexpected hot-arrival, but you can't let it get to your head!   
  
That's where I sit on this issue. Be good to HifiMan. They're good people.

 

[Mad Lust Envy]

The whole tampering with the headphone and putting it up on sale is just mind boggling. It's just common sense to either NOT say/post anything at all if you're the type, or wait calmly for HiFiMAN to contact you. Personally, I would've definitely at least USE the headphones in the meanwhile, but I'd send them back to the seller, and hope to get upgraded to the HE400+get refunded the shipping costs for your troubles.

 

[nikp]

I stuffed up the definitions for some reason, my bad. All I (think I) know is that the company cannot charge the buyer's card for the HE-6 and that the buyer has a right for compensation. Correct me if I'm wrong.

 

[Magick Man]

Ugh, this whole thing is so strange.

I posted in a thread the OP put in Summit-Fi as well, regarding a vaguely similar personal experience I had when I ordered my DAC1. Long story short, I had ordered a used DAC1 and received a brand new DAC1 USB instead - so I made a brief post about the event, contacted the seller, and he let me keep it with his blessing.  
  
But that's where the similarity stops. I'm most confused by the video upload (why does everything need to be a video upload?), this gigantic thread, the for sale posting, the thread asking how well an E10 can drive the HE-6, the part where he actually dissected the headphones and wondered whether or not he should remove tape in them, etc - all of it combined makes one really strange tapestry. It's one thing to get a mistakenly upgraded order, make a thread saying it's neat, contact the seller and then hang tight and come to an agreement with the seller. It's *completely* different to take the things apart and list them for sale and start talking about how the difference is going to be paying your bills -- all before you've heard back from the seller.  
  
I know you're excited about the unexpected hot-arrival, but you can't let it get to your head!   
  
That's where I sit on this issue. Be good to HifiMan. They're good people.

This. All of it. HiFiMan makes some great products, I own some myself, and they don't deserve to get shafted on this.

 

[maverickronin]

Quote:

The whole tampering with the headphone and putting it up on sale is just mind boggling.

 
The OP just wants attention.  If he was really planning to keep them its pretty obvious that staying quiet about how he got them would be best.  Making this thread is just attention whoring.
 
 

 

[nikp]

The thread is getting weird. I'm out.

 

[SixthFall]

Quote:

The thread is getting weird. I'm out.

Bye