[eltocliousus]

Anyway I'm going to bed, headphones can sit on my table and think about what they've done to me, I just got a response from head-direct a few minutes ago asking for pictures.

 

[hodgjy]

If HiFiMan wants the item back, they will pay for shipping.  If they don't want it back, you are still legally obligated to tell them you are in possession of it.  They have every right to retrieve the item at their expense or to tell you to keep it and have a nice life.  Their call.  Not yours.  Where it becomes your call is demand an HE-300 or full refund.  Your call.  Not theirs.
 
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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.

 

 

[eltocliousus]

Quote:

 
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.

Haha! Me and Fang sure had you going for a moment there.

 

[hodgjy]

Once they see the pictures, they will do one of two things:
 
1) Tell you to send them back because they are legally theirs (and they'll pay)
 
2) Tell you to keep them and have a nice life.  As such, they will probably want you to waive all claims for the HE-300 and consider the transaction as an exchange.
 
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Anyway I'm going to bed, headphones can sit on my table and think about what they've done to me, I just got a response from head-direct a few minutes ago asking for pictures.

 

 

[Graphicism]

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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.
 

He didn't pay the full balance because he didn't want those headphones. If I send you a 20 pound dumbbell are you legally bound to me? If I sent you one every day for a year are you legally bound to go out of your way to ship the item back to me?
 
I would be interested to know what they can do should the OP decide to not return the item.

 

[Graphicism]

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

He isn't, they all cost about the same to manufacture.

 

[powerpopper]

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Many vendors have shipping accounts, and all they can do is send a prepaid label.  No big deal.
 


 

Exactly.

 

[nikp]

Heh this thread is by far most interesting. We'll see how it turns out and Hifiman, all eyes on you. There's lots of potential customers in this thread and that entirely depends on Hifiman's decision. I studied law for a year or two just to know the fundamental stuff (intention: keeping away/making trouble).  

 

[hodgjy]

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.
 
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He didn't pay the full balance because he didn't want those headphones. If I send you a 20 pound dumbbell are you legally bound to me? If I sent you one every day for a year are you legally bound to go out of your way to ship the item back to me?
 
I would be interested to know what they can do should the OP decide to not return the item.

 

 

[Silent One]

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'm with hodgjy on this. Personally, I wouldn't leave it up to chance and would simply Do the right thing. I'd contact the seller and allow them to rightfully choose a course of action. It's quite common for Merchants to send out Call tags - they pay for shipping. Plus, they are going to have records. Accounting, anyone?
 
HiFiMan may feel so good about your honesty and upgrade you. Prediction: the OP keeps the cans; discovers a Bill for their payment. And we see a follow-up post along the lines of Mr.Bill... "Oh nooooooo!!!!"

 

[Dubstep Girl]

wow, HE-6, nice! 
 
lol i would totally keeps, or i would sell since that would be a huge profit! 
 
its not the most morally right thing to do, but hifiman made a mistake, and all these companies make enough money already, and usually when companies make mistakes, we end up paying for it...

 

[hodgjy]

And if you did either of them, at a minimum HiFiMan can legally send a bill for the remaining balance and at worst you can be charged with theft or wire fraud.
 
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wow, HE-6, nice! 
 
lol i would totally keeps, or i would sell since that would be a huge profit! 
 
its not the most morally right thing to do, but hifiman made a mistake, and all these companies make enough money already, and usually when companies make mistakes, we end up paying for it...

 

 

[obzilla]

Quote:

Once they see the pictures, they will do one of two things:
 
1) Tell you to send them back because they are legally theirs (and they'll pay)
 
2) Tell you to keep them and have a nice life.  As such, they will probably want you to waive all claims for the HE-300 and consider the transaction as an exchange.
 


 

 
About what I would do if I were HiFiMan.
 
I would pay the return shipping, refund him his HE-300 purchase and ask that he not attempt to do business with me again.
 
 

 

[hodgjy]

Exactly.  What is the most shocking these days is how doing the right thing is even a debate.
 
Quote:

I'm with hodgjy on this. Personally, I wouldn't leave it up to chance and would simply Do the right thing. I'd contact the seller and allow them to rightfully choose a course of action. It's quite common for Merchants to send out Call tags - they pay for shipping. Plus, they are going to have records. Accounting, anyone?
 
HiFiMan may feel so good about your honesty and upgrade you. Prediction: the OP keeps the cans; discovers a Bill for their payment. And we see a follow-up post along the lines of Mr.Bill... "Oh nooooooo!!!!"

 

 

[BobSaysHi]

Quote:

And if you did either of them, at a minimum HiFiMan can legally send a bill for the remaining balance and at worst you can be charged with theft or wire fraud.
 


 

You said legally about ten times in the last four posts. Do you actually know anything about the law?