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

nofanneeded

Great
Sep 29, 2019
152
18
95
1
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.
 
Last edited:

Karadjgne

Titan
Ambassador
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.
 
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 Merchandise
https://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.


Delays
https://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.
 
Last edited:

Karadjgne

Titan
Ambassador
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.
 

bigdragon

Distinguished
Oct 19, 2011
549
26
19,010
0
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!
 
Reactions: velocityg4

Karadjgne

Titan
Ambassador
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...
 
Reactions: King_V

Christopher1

Distinguished
Aug 29, 2006
657
1
19,015
5
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.
 
I purchased the same ADATA XPG SX8200 from Rakuten (back in March), and instead I got the ADATA ULTIMATE SU800 2.5" SSD.

It was shipped from ADATA, so they must have some issues shipping correct items.

It took 3 weeks to resolve the whole issue.
 

Karadjgne

Titan
Ambassador
You keep the SU800? Or did Adata/Rakuten insist on a return? What documentation/explanation was sent, by whom? Since that was over 6months ago and not part of the recent activity. If you don't mind me asking.
 

psiclone

Reputable
Apr 27, 2015
33
0
4,540
3
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!
Actually, even shipping an upgrade as a surprise could be a problem, as your system might not be able to use it. They should ship the correct item or offer a refund. If they ship anything else, then it should be considered an additional freebie.
 

psiclone

Reputable
Apr 27, 2015
33
0
4,540
3
This is the same kind of online store behavior I've experienced with NewEgg twice now. I no longer shop there. They refuse to take responsibility for what happens through their store, stating it's a third-party vendor's fault. Amazon doesn't do that. You can contact Amazon and they handle the third party vendor on the back end and give you, the customer, a refund or some other compensation.
 

DSzymborski

Champion
Moderator
While there's a lot of incompetence going on here, be careful about citing the FTC rule; it rarely comes up because it's so much trouble for companies and not generally worth the cost of recovery, but courts will not generally consider erroneous shipping the same thing as receiving unsolicited merchandise.

These laws were passed to stop a specific type of mail order scam.

And sometimes, it ends badly.

https://www.fox23.com/news/trending-now/man-arrested-for-keeping-tv-sent-to-him-by-mistake/932838418/
 

ASK THE COMMUNITY

TRENDING THREADS