If you have ever bought anything from HSU research

Maybe I am not being clear so other members can understand.

"You bought a subwoofer from HSU.
YOU DECIDED THAT YOU DIDN"T WANT IT (when you refused the offer of a replacement subwoofer).
You returned it.
Therefore, you were subject to the return policy. "

No I did not, I received a defective unit that did not work, that word is very important here and it is why I got my money back,

I had no power in the matter and the rep Candy said I couldn't use it .

All the other Chatter is really irrelevant, I did not use it for a while and opt not keep it.

And suing them is velly velly easy, you simply find their agents of service and sue them through the Secretary of State.

When they got that complaint they capitulated, within hours.

If she would not have been such an a@@@@@e I would not have initiated this thread.

The FTC also saw it my way, remember keds it was defective.

Matto,

Maybe it's simply that you're not being clear.

You now write:

Not really no one gets off the hook for selling defective merchandise, then getting reimbursed for the unit and shipping and reusing the unit and making more money.

Maybe you intended to communicate something different, but that's not how your OP reads. Per that post (at least as I read it), HSU shipped a unit and FEDEX damaged it. So far, FEDEX has botched their job, but HSU has done nothing wrong. (Your objection to product quality noted, but not relevant here - HSU never guaranteed that you'd like the product quality and even specified a policy that governs what happens if you don't.)

HSU was reimbursed by Fedex when you refused it/returned it to them. Again, HSU pays FEDEX for a service (including damage insurance), they're simply settling per their agreement. Nothing wrong by HSU, yet.

HSU offers you a replacement (but not a refund) per their policy. Still HSU has done nothing wrong here, per your agreement with them. You may wish they had done more for you, but so far everyone (except you) has been respecting the terms of the agreements they've entered into. Which brings us back to:

Not really no one gets off the hook for selling defective merchandise, then getting reimbursed for the unit and shipping and reusing the unit and making more money

What makes you think HSU "re-used" the damaged unit? Unless I'm misreading your OP, you never accepted a replacement, so it's not like HSU sent you a patched up re-pack as a replacement. How do you know what HSU did with the unit that FEDEX damaged?

Unless there's something you haven't shared here, the only fair assumption is that HSU discarded the damaged unit (assuming that Fedex even returned it to them) or repaired it and sold it as B stock. Do you have any evidence of some other behavior by HSU? If you don't, do you understand why people read your complaints re: HSU's behavior as unreasonable?

BTW, if I've misrepresented what you wrote in any way, it's not by design. I believe that it's a straight read of your OP, tho please clarify if I've gotten it wrong.

As to having the right to a refund because you received defective merchandise:

My understanding is that neither Federal law nor California state law automatically guarantees a buyer the right to a refund when they receive defective merchandise. Indeed, in many cases, items may be sold "as is", where no refund OR replacement is required, although there's a bunch of law requiring that this policy be "clearly made known in plain language" to the buyer. So, the terms of a seller's agreement with a buyer may absolutely allow for replacement (rather than refund) in the event that a unit is received defective. Let's also not forget that you described receiving a unit DAMAGED in shipping (that's not the same as "defective"). Although that distinction may not be relevant regarding your rights to a refund, it does make it even harder to reasonably "blame" HSU for not stepping up "beyond the call of duty" (the letter of their agreement with you).

In short, it's hard to understand why you think you had a right to a refund here. It's easy to understand why you want one and why you might hope that HSU steps up for you, but it's hard to see why you'd accuse HSU of "fraud" and other misbehavior when they didn't.

Again, HSU accommodated you - possibly because they didn't want the hassle of dealing with you and any advocacy offices that you involved in the process. I'm glad it worked out for you, but you haven't made a case against HSU, yet - as least as far as I can see. I don't think anyone is being antagonistic towards you here, it's just that your OP didn't support the accusations you made vs HSU, and the new post doesn't either.

I agree with Marty and I'll add: The OP needs to look up the definition of damaged and the definition of defective.

If the unit was "DEFECTIVE" is was because it was "DAMAGED" first...PERIOD! No gray area here, none.

As I posted the policy above, HSU was absolutely in the right and the OP was not.

I'm glad that it did eventually work out for the OP, but according to the written, very clear policy, HSU did nothing wrong.

Again you are missing the point I got a defective item that did not work,

It doesn't take a rocket scientist to figure that out , it was not just damaged that is a whole other word and has a separate meaning since you seem to be so good at looking things up maybe go old school and use a dictionary .

The transaction would be governed by TN law,not CA law but no law federal , state or otherwise will back up a defective item which this was. It may have been damaged as well but it was also defective and should work but did not.

Off course they took the parts out and resold it are they just going to throw it away. It really doesn't matter what you think you aren't an attorney focusing on consumer law you are just some blow hard on the internet that thinks the tard net is the only valid place for information.

There is value in real education especially law everyone thinks that they are a lawyer but it takes a graduate from an accredited law school who has passed the bar and litigated to get what I am saying not someone with dubious skills at putting forth an argument of which they no nothing about.

This is for people that have been ripped off and have fallen for the word damaged, if they could put defective why don't they?

Their website still says damaged not damaged and defective. It was damaged but also defective that's the way it is.

You can not understand this all you want.

But you can't operate this way you don't get all your money and my money to etc. Meaning HSU.

And if you are an attorney which I doubt quote the statute in Lexus nexus for the state of Tn and defective merchandise as well as any federal statute, it isn't there. By her own admission the item would not work and was not my fault that it didn't. End of story

My mistake for engaging.