If I was the one that bought the earphone, I would prefer to go through the distributor instead of seller.
Tough luck for getting a damaged unit. Not everything is 100% functional on arrival. That's the risk of purchasing stuff online, you don't get to test on the spot before purchase.
Still I do not see the reason of making a big hoo-haa out of this.
I would just email/call the distro and proceed with the RMA once I obtain more information required and also explain the situation to them. Normally, once this is done, there will be some RMA# given and to be attached on the faulty unit.
Just like how you RMA a Seagate HDD. You want to wait 3 months by going through shop/reseller and bear more postage cost of sending/return the unit, or you want to wait less than a month with complimentary postage back to you?
Ultimately, it is up to how buyer want to push this issue though.
Me also dun want anything from seller like this...anything go to distributor.. better buying direct from distributor if allow to do that..