Adata Shipped Black-Friday Shoppers a Slower-Model SSD Than They Ordered

Disappointed Guy
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You don't always get what you pay for. Customers who ordered an Adata XPG SX8200 Pro (1TB) SSD from Rakuten during the Black Friday weekend have been receiving the slightly-slower, SX8100 drive instead

The Adata XPG SX8200 Pro is one of the fastest M.2 NVMe SSDs on the market and the best value or the money when compared to pricier competitors like Samsung's 970 EVO Plus. It normally goes for around $147 so when Rakuten had it for $106, many enthusiasts pulled the trigger. 

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  • Dark Lord of Tech
    Not good!
    Reply
  • drdccd
    not to mention that 8100 has heating problem.
    Reply
  • gdmaclew
    Standard excuses...

    The cheque is in the mail.
    We sent out an e-mail.
    Reply
  • nofanneeded
    well They said they will send the SSD once it is restocked. you should feel happy not say NOT GOOD

    because in Black Friday , when it is out of stock you will never get the deal.

    By offering you the option to wait instead of saying out of stock and still pay Black Friday price , you have nothing against them. They are cool.
    Reply
  • Karadjgne
    its called a 'Rain Check' . ppl have been doing it for years when dealing with OOS items that will be continued, not OOS items that won't be replaced.

    You order, pay, get item when it becomes available. If announced on the website that item was OOS and a substitute would be sent for use until stock allowances were made, that'd be cool, I'd know upfront, and would be happy that someone was trying to honor customer service, like getting a loaner car while yours is getting fixed, but the email thing is wonky, most emails go to spam nowadays, so if you don't expect one, its probably gotten deleted. Who reads their spam mail?

    Can't blame Adata, they at least tried, they didn't have to. That should have been entirely a Rakuten responsibility as they are the Vendor in question, online resale or not.
    Reply
  • velocityg4
    It appears Adata may have dug a legal minefield for themselves. Allegedly, they purposefully shipped a substitute item people never ordered. An inferior one at that. Next a demand that item back before shipping the correct item or issuing a refund.

    While they sent an e-mail. They did not receive tacit approval from the buyers to accept a substitute. To avoid legal troubles. They should tell buyers to keep the incorrect SSD. Then offer to still ship what they ordered or get issued a refund.


    Unordered Merchandisehttps://www.consumer.ftc.gov/articles/0181-unordered-merchandise Q. Am I obligated to return or pay for merchandise I never ordered?
    A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.


    Delayshttps://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received
    If the seller is unable to ship within the promised time, it must notify you, give a revised shipping date and give you the chance to cancel for a full refund or accept the new shipping date. The seller also must give you some way to exercise the cancellation option for free — for example, by supplying a prepaid reply card or staffing a toll-free telephone number.

    If you don’t respond — and the delay is 30 days or less — it’s assumed that you accept the delay and are willing to wait for the merchandise.
    If you don’t respond — and the delay is more than 30 days — the order must be canceled by the 30th day of the delay period and a full refund issued promptly.If the seller can’t meet the revised shipping date, it must notify you again by mail, email or telephone and give you a new shipping date or cancel your order and give you a refund.

    The order should be canceled and a refund issued promptly unless you indicate by the revised shipping date that you are willing to wait.
    If you don’t respond to the second notice, the seller should assume that you are not willing to wait issue a full refund promptly.
    Reply
  • Karadjgne
    So the question is, who is at fault. To me, that would be entirely on Rakuten, as the seller, regardless of supplier, as the item wasn't bought direct from Adata, but through a 3rd party. Rakuten should have sent the emails, tried contacting non-responders etc as they were the ppl being paid for the item. Even if Adata did supply/ship temporary replacement items, it should be on Rakuten to resolve the issue, absorb any shipping fees, any loss of revenue from Adata. I have no doubts Rakuten knew full well that Adata was out of stock, at some point, but continued with the sale anyways.
    Reply
  • bigdragon
    Is it amateur hour over at Rakuten and Adata? This is classic bait and switch. No site policies or terms and conditions are going to override legal precedent here. The explanation for how this happened makes it obvious the whole thing is intentional too. You can't just substitute an inferior product and send it out without consent like this. Was anyone paying attention in Business Management 101?

    The 8100 drives are considered unsolicited gifts that consumers are not required to waste any time sending back. Free return shipping does not negate this fact. Rakuten and Adata need to send out those 8200 drives or cancel-refund the orders.

    This story makes me want to avoid doing any business with Rakuten and Adata. Want to give consumers a surprise free upgrade? Sure, fine. A surprise downgrade -- oh hell no!
    Reply
  • Karadjgne
    And therein lies the issue, there isn't really a surprise upgrade, the SX8200 Pro is top of the line. But I'd agree, if it was the 8100 that this happened to, and Adata shipped the 8200 instead, nobody would have said a word...
    Reply
  • Christopher1
    No. This is nonsense. You do not automatically swap out X for Y if you do not receive a response. You only do that when you do receive a response!
    This is black letter state and federal law. AData is going to be in heap big pile of dog waste when the regulators hear about this.
    Reply