Headroom cancelled my HD800 Pre-order! Strong-arm tactics by Sennheiser.
Feb 22, 2009 at 8:20 PM Post #31 of 72
Quote:

Originally Posted by struts /img/forum/go_quote.gif
Any lawyers out there know if this is legal under EU competition law? (Sennheiser is a German company I believe and therefore subject to EU law even if Headroom isn't)


Lawyer here. I'm not familiar with the EU competition law, but this smells legal under US law.

This has to do more with contracts than anything. First, it's perfectly legal for HeadRoom to cancel an order. They have to refund the money, of course, but generally, there's no other remedy available for a canceled order. In the United States, you can only force specific performance in tightly defined circumstances - otherwise, refunding money is almost always the prescribed remedy.

The second issue is HeadRoom's dealer agreement with Sennheiser. It sounds like Sennheiser has divided the world into regions and only allows dealers to sell in their assigned regions. This way, the dealers don't undercut each other on price. This, again, is generally quite legal in the United States.

But it sure sounds like Sennheiser is buttoning up its distributors to keep margins high. And the whole thing stinks of luxury brand marketing nonsense.
 
Feb 22, 2009 at 8:31 PM Post #32 of 72
Quote:

Originally Posted by Uncle Erik /img/forum/go_quote.gif
Lawyer here. I'm not familiar with the EU competition law, but this smells legal under US law.

This has to do more with contracts than anything. First, it's perfectly legal for HeadRoom to cancel an order. They have to refund the money, of course, but generally, there's no other remedy available for a canceled order. In the United States, you can only force specific performance in tightly defined circumstances - otherwise, refunding money is almost always the prescribed remedy.

The second issue is HeadRoom's dealer agreement with Sennheiser. It sounds like Sennheiser has divided the world into regions and only allows dealers to sell in their assigned regions. This way, the dealers don't undercut each other on price. This, again, is generally quite legal in the United States.

But it sure sounds like Sennheiser is buttoning up its distributors to keep margins high. And the whole thing stinks of luxury brand marketing nonsense.


Thanks for the expert opinion UE. Firstly, I have no complaint against Headroom, they appear to be victims here as much as I am. I am sure they would prefer to sell to me given the choice. It is the 'dividing the world into regions and only allows dealers to sell in their assigned regions' bit I am unsure about. I believe restricting trade in this way is outlawed by EU law since it only serves to reduce competition, which is bad for the consumer.

I concur with your analysis.
 
Feb 22, 2009 at 8:54 PM Post #34 of 72
Yes I also think this is against EU law's. No EU country is allowed to say, we don't sell to that country. Just imagine what would happen if German distributors would say no to French consumers, haha, RIOTS
tongue.gif
 
Feb 22, 2009 at 9:05 PM Post #35 of 72
Quote:

Originally Posted by vvanrij /img/forum/go_quote.gif
Yes I also think this is against EU law's. No EU country is allowed to say, we don't sell to that country. Just imagine what would happen if German distributors would say no to French consumers, haha, RIOTS
tongue.gif



Fortunately, the US told the UK to go **** itself, what, 230+ years ago now? So no, we're not part of the EU. Again, there's a little jurisdictional issue where they can make all the rules they want and they still won't mean a thing in the US.
 
Feb 22, 2009 at 9:15 PM Post #36 of 72
UK is not part of the EU either.... fail.
 
Feb 22, 2009 at 9:22 PM Post #37 of 72
Quote:

Originally Posted by iriverdude /img/forum/go_quote.gif
Buy Sennheiser corporation and sack the people responsible for cancelling your order! :-D


Sennheiser is owned by the Sennheiser family - no chance.
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Feb 22, 2009 at 9:24 PM Post #39 of 72
Quote:

Originally Posted by vvanrij /img/forum/go_quote.gif
UK is not part of the EU either.... fail.


Er - yes it is.
 
Feb 22, 2009 at 9:28 PM Post #40 of 72
Damnit, I'm gonna lock myself up and beat myself, was kind of confused, drug abuse...
It is weird though that we do have to pay for things like VAT when we buy from England, and not from Germany/France/Belgium etc.
They are not a sjengen country, but that has nothing to do with the import/export of products.
 
Feb 22, 2009 at 9:34 PM Post #41 of 72
This is quite common. There are some big cases like this in UK where super markets tried to import cheap cloths from US shops/outlet or something and the cloths maker sue them and won. Reason being that maker only allow seller to sell within it region and not outside or something. So this is quite common and nothing personal. OK it isn't really fair but unfortunately the makers had won....
 
Feb 22, 2009 at 9:35 PM Post #42 of 72
Quote:

Originally Posted by vvanrij /img/forum/go_quote.gif
Damnit, I'm gonna lock myself up and beat myself, was kind of confused, drug abuse...


Explain.
 
Feb 22, 2009 at 9:39 PM Post #43 of 72
United Kingdom entered the EU in 1973, and I'm ashamed that I didn't know that. Even more so called fail on somebody for something that isn't true and I shouldv known. I'm having some friends over to keep beating me.
 
Feb 22, 2009 at 9:40 PM Post #44 of 72
Quote:

Originally Posted by struts /img/forum/go_quote.gif

Whose side are you on anyway?
wink.gif




The side with the limos and long legged blonde gals.
 
Feb 22, 2009 at 9:44 PM Post #45 of 72
Quote:

Originally Posted by orkney /img/forum/go_quote.gif
Mine cancelled too. Canada. Now awaiting the usual 180% markup from Canadian distributor. Sigh.


Distributor? What distributor?
 
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