[nikp]

Quote:

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.

 
Look at this scenario! In both cases, it's the seller's mistake. The buyer did his part and the seller failed to fulfil the contract. 
 
 

 

[hodgjy]

It all depends on their T.O.S.  For example, if you drove to Best Buy, bought a tv, got it home, found out it was broken, and drove back to Best Buy for a replacement, would you expect them to reimburse you for gas?
 
Quote:

Really? Because I have been sent the wrong item many times by many different companys and they all charged me for shipping, and restocking BOTH WAYS.
 

 

 

[hodgjy]

What everyone is failing to understand is the "buyer" didn't legally obtain ownership because of the seller's mistake.  Intent leads to ownership, not mistakes.  The OP does not legally own the item at this point and if the seller wants it back, they have every legal right to get it back.
 
Accidents happen, which is why we have laws.  Accidents do not lead to legal ownership.
 
Quote:

 
Look at this scenario! In both cases, it's the seller's mistake. The buyer did his part and the seller failed to fulfil the contract. 
 
 

 

 

[Swatcsi]

HAHA, this thread is so funny. 

 

[Aurosonic]

I think this thread (and several other spin-offs of it) have exploded faster than the LCD-2 thread did. Now this is popcorn material.

 

[nikp]

Quote:

What everyone is failing to understand is the "buyer" didn't legally obtain ownership because of the seller's mistake.  Intent leads to ownership, not mistakes.  The OP does not legally own the item at this point and if the seller wants it back, they have every legal right to get it back.
 
Accidents happen, which is why we have laws.  Accidents do not lead to legal ownership.
 

 
I agree with you. He did not legally obtain ownership of it. But this is where the lines blur.. If the seller wants it back, they have to give him compensation for shipping costs and possibly other costs because it is simply the seller's fault. If the seller wants it back without any compensation, the buyer has the right to keep it until they do. 
 
Some accidents do lead to legal ownership. Remember the stories about how people left their gold in the land they sold? Contract says that they sold everything in their land (including gold). That's an accident but it's a legal ownership. Is it morally right to keep them? Maybe, maybe not. 
 
 

 

[hodgjy]

It exploded because hoping something is so doesn't make it so.  People can spin it any way they want, and throw morals into the mix (or out), but at the end of the day, the OP does not own the more expensive headphones.  They still belong to HiFiMan and there is no discussion, negotiation, or interpretation that can change that.

 

[Graphicism]

Technically I wouldn't think head-direct have any legal right to have the merchandise returned to them, but I'm no lawyer. At the very least and based on the decision of the OP he should receive money to ship the item and compensation for his time. He is not in the wrong here.

 

[eltocliousus]

Quote:

 


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

If it was less than $20 or even close I could probably swing it, it's more close to $60-80 maybe a bit more for faster/tracking from the quotes I've gotten, they're so heavy, especially for headphones, I'm used to cheap plastic ones.

 

[hodgjy]

Very valid point.  But, the issue at hand is intent and the meeting of the minds.
 
Quote:

 
 
Some accidents do lead to legal ownership. Remember the stories about how people left their gold in the land they sold? Contract says that they sold everything in their land (including gold). That's an accident but it's a legal ownership. Is it morally right to keep them? Maybe, maybe not. 
 
 

 

 

[hodgjy]

You are wrong.  HiFiMan legally still owns the item because the buyer did not pay the full balance for it.  At this point, it's legally considered a bailment.  HiFiMan has every right to recover the item, but they are obligated to pay the return shipping of the item.  Many vendors have shipping accounts, and all they can do is send a prepaid label.  No big deal.
 
Quote:

Technically I wouldn't think head-direct have any legal right to have the merchandise returned to them, but I'm no lawyer. At the very least and based on the decision of the OP he should receive money to ship the item and compensation for his time. He is not in the wrong here.

 

 

[swbf2cheater]

Dr. Fang is a great guy, he definitely doesn't deserve to be screwed out of $900 or so.

 

[BobSaysHi]

OP if you return these phones I'm going to be so disappointed.

 

[powerpopper]

Quote:

What everyone is failing to understand is the "buyer" didn't legally obtain ownership because of the seller's mistake.  Intent leads to ownership, not mistakes.  The OP does not legally own the item at this point and if the seller wants it back, they have every legal right to get it back.
 
Accidents happen, which is why we have laws.  Accidents do not lead to legal ownership.
 


 

Though I am neither an attorney or a legal scholar, I tend to believe that what you say is true.
 
If this situation had happened to me, even if I was tempted to keep the more valuable item, I would be afraid the merchant would ultimately recognize their mistake and try to either charge my credit card or demand the difference at a later date.
 
 

 

[Aurosonic]

Quote:

It exploded because hoping something is so doesn't make it so.  People can spin it any way they want, and throw morals into the mix (or out), but at the end of the day, the OP does not own the more expensive headphones.  They still belong to HiFiMan and there is no discussion, negotiation, or interpretation that can change that.

 
I completely agree, the way the OP handled this is wrong. Add to that the number of times I have facepalmed lends me to think this whole situation is a farce. It just seems too surreal.