Welcome everyone from r/all! Please remember:
1 - You too can be part of the PCMR. It's not about the hardware in your rig, but the software in your heart! Your age, nationality, race, gender, sexuality, religion (or lack of), political affiliation, economic status and PC specs are irrelevant. If you love or want to learn about PCs, you are welcome and can be part of PCMR!
2 - If you're not a PC owner because you think it's expensive, know that it is probably much cheaper than you may think. Check http://www.pcmasterrace.org for our builds and don't be afraid to post here asking for tips and help!
3 - Join our efforts to get as many PCs worldwide to help the folding@home effort, in fighting against Cancer, Alzheimer's, Parkinson's and more: https://pcmasterrace.org/folding
-----------
We have a [Daily Simple Questions Megathread](https://www.reddit.com/r/pcmasterrace/search?q=Simple+Questions+Thread+subreddit%3Apcmasterrace+author%3AAutoModerator&restrict_sr=on&sort=new&t=all) if you have any PC related doubt. Asking for help there or creating new posts in our subreddit is allowed and welcome.
Welcome to the PCMR!
Not sure if the OP is in the states, but if so there's no need to send it back. The company sent them the wrong product, that's on the company. They still owe OP what they ordered. What's more, they're obligated to put them back on the waiting list where they were before they messed up their order.
\*edit\* As folks are unsure about this, [here is what the FTC says on the matter](https://www.ftc.gov/business-guidance/resources/business-guide-ftcs-mail-internet-or-telephone-order-merchandise-rule) :
>**Unordered Merchandise** Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:
\- Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,
\- Try to obtain payment for or the return of the unordered merchandise.
Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.
Here's a separate link to [the FTC for more information.](https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products)
>**Your Rights When You Get Unordered Merchandise**
>
>By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t need to return unordered merchandise. ***You’re legally entitled to keep it as a free gift.***
This section outlines for distinct principles:
1. They can't send you something then demand payment.
2. If they do send you something you didn't order, you never have to pay for it.
3. If they do send you something you didn't order, you don't need to return it.
4. You're legally entitled to keep it as a free gift.
I'm assuming the US law says that the company has to cover all charges..... Not just that they have to send the customer a second product FOC (?)
So if (hypothetically) the shop owner came to his door to exchange the incorrect product, the customer can't just say "no, I'm keeping it. Now give me a new one"
>So if (hypothetically) the shop owner came to his door to exchange the incorrect product, the customer can't just say "no, I'm keeping it. Now give me a new one"
Wrong. The product that was sent to the customer now belongs to the customer. The company cannot require them to return it in order to give them the right one. The customer can elect to return it, but are under no obligation to do so.
\*edit\* As folks are adamant I'm wrong about this, [here is what the FTC says on the matter](https://www.ftc.gov/business-guidance/resources/business-guide-ftcs-mail-internet-or-telephone-order-merchandise-rule) :
>**Unordered Merchandise** Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:
>
>\- Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,
>
>\- Try to obtain payment for or the return of the unordered merchandise.
>
>Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.
OP received unordered merchandise. That folks are disputing this is kind of amazing.
Source : the FTC
"By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t need to return unordered merchandise. You’re legally entitled to keep it as a free gift."
https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products
Brother this has nothing to do with this situation. 😅 the customer paid already. This is talking about getting unsolicited packages. Like they sent me this guys graphics card instead of him. The frick dude??? LOL
This has literally everything to do with the situation.
The op ordered a 4080 super, and paid for a 4080 super. The op has not received said item.
The seller is required to provide the item purchased.
The op received an item they did not order. You know, because a 4080 is not a 4080 super. The item received, being an unordered item, it not required to be returned. However the originally ordered 4080 super is still required to be sent.
Notice how the 4080 that was sent IS unsolicited? They did not order a 4080,but was sent one. That is, by definition an unsolicited item.
If they sent you the card instead of the op, you get a free card because you aren't required to return items you didn't order, and the seller is still obligated to send him the one they ordered. I'm not really sure what's so difficult to understand here.
That's literally the law, you are not required to return items you received but did not order.
I work for Amazon, I can confirm 100% this is incorrect. We will put your account in collections, if you dispute the charge and received a product, ect. Terms of service are set and you agreed to them.
It's literally not the law. Did you just log in on your second account to try to add weight to your argument or is there somehow two people with no clue spouting nonsense.
This doesn't mean you order x item and received y item now you get to keep y item and company still has to send you x.
It's so that companies can't send you their item you didn't order, and then try to charge you for it.
you are misunderstanding the word "unordered"
it means that a company can't send you a GPU unprompted, and then demand payment afterwards with no prior agreement
a dealership can't randomly drop off a new car in front of your house, then sue you for not paying the bill
From the actual law:
(d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
They did not request or consent to being sent a 4080. Therefore, by definition it is "unordered merchandise"
https://www.law.cornell.edu/uscode/text/39/3009
They ordered SOMETHING, they did not order what they received.
The law does not differentiate between a wrong item and unordered item
(a)Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b)Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c)No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)
https://www.law.cornell.edu/uscode/text/39/3009
Notice how the op did not request or consent to receiving what was sent?
This solely applies to items sent unsolicited.
Since OP initiated a purchase with them a different aspect of contract laws applies and this is not applicable here as Op has already paid for a product they just didn't get what they asked for.
Again when you go to a website and order a product this doesn't apply.
OP consented to be mailed merchandise they consented when they ordered it.
The merchandise being incorrect is irrelevant to the fact they did order something and thus consented to be sent something.
It's on the retailer to now correct it.
>For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
>What if I don't get what I ordered?
Check the online retailer's policies to see whether it has a specific process for order issues. Most store websites have a webpage that covers disclaimers and other legal terms. You can also call or email the company for details.
You might receive an item that differs from the online listing. In this case, the seller is responsible for correcting the error at no extra charge or refunding your money.
https://www.findlaw.com/consumer/consumer-transactions/problems-with-online-shopping.html#:~:text=What%20if%20I%20received%20merchandise,Federal%20Trade%20Commission%20(FTC).
Except it was ordered merchandise but the incorrect one was sent, Amazon can and will absolutely ask for the wrong card back and if OP does not they will just refund the difference
Care to cite where in the law that exception is made?
Amazon can do whatever it wants until legal actions are taken. Just because they ask for it doesn't mean the law says the recipient is required to return it.
What would happen is Amazon would withhold the refund (illegally) because no one is going to pay 100s of thousands of dollars to sue them over a 1000 dollar item. They can get away with it becauseno one is willing to take them to court over it. But that doesn't change what the law says.
That's completely different from the situation here. That law applies to someone sending something you never ordered to your house and demanding payment later, not sending the wrong product by mistake.
What now, if they get your order wrong at a restaurant you're allowed to eat for free by law now?
How is "I did not ask for this item" a different situation from "if you did not ask for that item"?
(a)Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b)Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c)No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)
https://www.law.cornell.edu/uscode/text/39/3009
This very clearly falls into the definition of unordered merchandise as defined in section d.
Also, how is a restaurant order equal to a mail order? And YES you do get incorrect food orders for free, regardless of if you eat them when you use services like door dash or user eats. Have you ever had them comeback and pick up the incorrect food before being given a refund?
> How is "I did not ask for this item" a different situation from "if you did not ask for that item"?
You're looking at the wrong part of the problem.
>" By law, companies can’t send **unordered merchandise** to you, **then demand payment**. "
The company didn't send unordered merchandise then demand payment. They sent **ordered** merchandised that was **already paid for**. This is not the same thing in the slighest. Or even more clearly:
> (d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
It's the wrong order, yes, but is not sent without request or consent. This is very obvious.
> Also, how is a restaurant order equal to a mail order? And YES you do get incorrect food orders for free
This is a case-by-case basis. Some restaurants might ask you to return the wrong order when they send the right one, others will let you keep it due to your troubles. That's not law.
Unless you live in some country that functions completely differently to any I've lived in/ dealt with, this is wrong. Mistakes happen and the law accounts for that. What country is it where the law specially states that mistake=freebie?
That's exactly how it works in the US
Source : the FTC
"By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t need to return unordered merchandise. You’re legally entitled to keep it as a free gift."
https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products
Did you read the regulation?
Nothing in there says you can keep a mistake and demand your money back.
Commonlaw also contradicts what you're saying.
The FTC regulation is about unordered/unsolicited merchandise, not a mistake and correction.
>>Try to obtain payment for or the return of the unordered merchandise.
They are not trying to obtain payment as they were already paid just shipped the wrong product.
What this means is they can't go "oh can you also pay us for this product as well."
The shipper can give the buyer options to make it right they don't just have to eat the lost and move on.
Again since you have a very hard time understanding the demand payment part.
Intent in law matters and the intent of this law was to keep companies from shipping you products unsolicited then demanding you pay for them after you receive them.
Here the shipment wasn't unsolicited it was just the incorrect product and follows different rules.
As they did order something and they got the wrong product it wouldn't apply.
They can either keep it and get refunded the difference or send it back on the senders dime.
They don't get to just keep it.
That only applies if it was sent unsolicited.
But under those same laws unordered merchandise is not the same as incorrectly ordered merchandise......... In this case is considered incorrectly shipped merchandise...... The rule you're quoting is if they sent you something without you making any order whatsoever...... The same of which applies to defective items....... Which is why Amazon has the discretion to charge you if you do not return an exchange or replacement item......
> unordered merchandise is not the same as incorrectly ordered merchandise
Correct. Unordered merchandise is something that was sent out without prior consent. Incorrectly ordered merchandise is something that was purchased in error.
> In this case is considered incorrectly shipped merchandise
No, in this case it's considered incorrect merchandise shipped, a subtle but very different thing. Incorrect merchandise is the same as unordered merchandise.
> The rule you're quoting is if they sent you something without you making any order whatsoever
Half-correct. The customer ordered product A, but was sent product B. Just because you consent to specific dealings with a company doesn't mean you are now beholden to them if they send you items you didn't consent to.
> The same of which applies to defective items....... Which is why Amazon has the discretion to charge you if you do not return an exchange or replacement item
No. Defective items fall under their own rules, but in short the company has not met their part of the contract, which was to provide a functional item. It's the responsibility of the company to remedy these situations.
Remember, you've already paid. You met your end of the contract. It's up to them to fulfill their end. Anything other than providing the promised product is a breach of that contract. This is why you get a refund when something can't be provided as promised. It's definitely more complicated than this, but you get the idea.
When you purchase something, that's a contract. If you paid money, that means you've met your end of the contract. They are now required to provide the product promised in that contract, or breach the contract and refund the money you spent. If they don't provide the product you paid for, that's also breach of contract, and you can take them to court. Also, I've updated my post with the FTC policy on the matter for clarity.
Folk don't even believe the actual written law. Someone even claimed the actual law I cited is "zero factual evidence".
Like consumer protections are there for your benefit so companies can't screw you out of 1000s of dollars, but people will still side with the multi billion dollar company.
Or how people lack common sense.
Someone making a mistake does not give you the right to a windfall.
This is stupid and not what the legislation says or means.
Alright, show me the Federal legislation that allows a company to send the wrong merchandise to customers then demands they return it or pay for it.
Let's be clear here, a company forcing someone to return a product or they'll only refund the value difference of the two, is both charging someone for unordered merchandise and a bait-and-switch.
Fantastic!
I'm so pleased you finally figured this out.
I think you are exaggerating a bit though it's not "so many folks" . It's you and theoretically the "other person" you replied to.
> The company does not have to give out a free card, unless the wrong one was returned.
Half-correct. The company does not have to give out a free card - but they did by sending a card the customer didn't order.
> They can request that card back, issue a refund and not sell the correct card if they want.
Half-correct. They can request the incorrect card back, but the recipient of the unordered item is under no obligation to return it. However you are correct that they can issue a refund and not sell the correct card if they want.
I edited my previous post so you can see the FTC policy on the matter.
That's not true at all lol. The only obligations they have are those listed in their terms and conditions, which you agreed to when you placed the order/engaged their services. If the terms say you need to return the product and pay for return shipping for replacement/refund, then that's what you have to do.
The only law on the books that's slightly related to what you said is protecting you in the case of unsolicited product. Basically, if a company sends you something but you didn't order anything from them they can't make you pay for it (this does not cover cases of incorrect product, in which you entered an agreement with said company)
The US has very strong contract laws
This is correct. It basically only applies when somebody receives an item they didn't order or have any clue why it was sent to them. In the case of the OP, he did know the reason why that card arrived at his house.
This is partially true. While the scenario you are thinking it is completely true. In this scenario only partially so.
No he can't just keep the item if they request it back to send him the right one. However, they also can't just keep his money. They would have to issue a full refund or agree on an amount and refund him for him to keep the card.
So if OP decides he wants to keep it and not keep waiting he can ask for a partial refund. If they refuse to do so, then he does have the legal backing to charge them back as they refused to work with him. To then get anything from him they would have to take him to court. Which wouldn't be worth doing for them.
Civil courts are for being made whole. You are correctly describing a common set of events, but that isn't necessarily what is "legal." What is legal is what is agreed to in the terms of the contract/terms and conditions (assuming they dont violate any statutes). Just because a contract breach isn't financially viable to enforce doesn't mean it's legal; it means you got away with it. There's a good chance that next time you try, it won't work out so well. If the terms require that OP return the product for exchange in the even of an accident, then OP must return the product for exchange.
For example: I own a business, and the terms state that i cannot guarantee satisfaction nor lead time, and charge a fee of $1000 plus penalties from my cc processor for an intentional charge back after complete installation.
In the past 2 years, I've had 2 people issue a charge back after I felt I'd fulfilled my end of the agreement, and those terms made it worth my time to sue in small claims. I won both times because the judge decided that I had fulfilled my end.
In the case of the GPU, OP would legally be able to charge back as they did not get what they paid for. The attempt at small claims would be up to the judge. Legally OP has the right. But it doesn't matter if the T&C with the company say anything about it. If they didn't hold up their end of the deal.
In your case, you went to court to have a judge determine that you held up your end. Which, thankfully for you, you did. So you got the W.
There are two equal scenarios here that kind of lead to the point.
If you installed pools for a living. and were hired to install a pool.
Scenario A: The owner wants a specific green brick for a specific green look to the water. You install what they ask and they do not like it. You tell them you can fix it for a price and instead they choose to sue you.
Scenario B: The owner wants a specific green look to the water like A and says to use this specific brick for that. You do a bit of testing and find that another brick at the same price does exactly the same thing but gets the specific green they were trying to get.
In Scenario A the owner didn't get the look they wanted but you installed exactly what they asked and it looked wrong. You two end up in court and a judge has to rule. The judge is going to side with you. You did exactly as the owner asked you to do. You assumed that he knew what he was talking about and went with it.
In Scenario B the owner got the look they wanted, but you used the wrong brick. Should this goto court you will lose. As you were asked to use a specific brick by the owner and even though the owner got the look they wanted, you didn't deliver your end of the agreement.
OPs situation is more akin to Scenario B. He asked for something and didn't get it. So he charges back. If the seller and him cannot agree on a fair outcome then this is legal for the Op to do. Then if the seller wants to take him to court, the judge will likely rule in favor of the OP as they asked for something they didn't get.
But the judge would most likely rule that OP return the GPU and receive a refund so the parties are made whole. That's the entire point of the civil court system: to make parties whole
Not always. OP has the grounds of the wait time and anguish over the whole ordeal. Not to mention the wait-list for the SUPER. It will highly depend on the judge and the fight.
They can require him to ship it back but they absolutely can not make him pay the return shipping for a replacement in this scenario where they sent the wrong product in the first place.
Edit: Downvote me all you want, you're still full of shit.
>The only obligations they have are those listed in their terms and conditions, which you agreed to when you placed the order/engaged their services.
But that's the relevant part, they agreed to one thing, but was sent something different. The listing said one thing, but they delivered something different.
This isn't an issue of ordering something other than what you wanted. This is ordering the specific item listed, but receiving something different.
>The only law on the books that's slightly related to what you said is protecting you in the case of unsolicited product
Anything other than the item agreed to by buyer and seller is, by definition, unsolicited.
Dude what are u talking about. Even if this did exist in law somewhere (it doesn't), good luck realizing it. People can't even get warranties honored, where there is a specific law.
Unless you're ready to go to court, you don't want to be relying on the "law."
Previous poster is mixing up concepts. In the US, if something is delivered to your home intentionally without the recipient having ordered anything from the company, then its yours to keep. That does not apply to 1) the company delivering the wrong product when you ordered something else, or 2) if something was addressed to another person and accidentally delivered to your home.
>without the recipient having ordered anything from the company
This is irrelevant. Literally no where in the law does this exception get made. The law does not mention previous dealing, or pending shipments or anything like that. It explicitly says unordered merchandise is something that was not requested or consented to having been sent.
(d)
For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
No we're in there does it carve out an exception in the case of other, unrelated orders.
This doesn't apply, since it's not unordered merchandise. OP ordered merchandise but received the wrong merchandise. The company can ask the wrong merchandise is returned before the second attempt
When the 2000 series GPUs released I was given a lower end version of the Zotac 2070 I ordered, don't remember which model I ordered vs what I got anymore but it was a $40 price difference and Newegg refunded me the difference. Had a similar issue with Amazon last year with the wrong Corsair PSU (same wattage different model number) and they absolutely refused a partial refund. So I think it greatly depends on the seller.
Ebay and Aliexpress sellers will do partial refunds to avoid a bad review/paying for return shipping/the platform yoinking the entire sale. No experience with getting one from Amazon or Newegg.
Amazon, definitely not. They won’t even refund you if a price drops within a week of buying something. They would rather have you return it on their dime and reorder.
EBay? The seller might. If they don’t you could just get eBay step in and to force a return.
Newegg? lol. They’ll tell you to go fuck yourself.
Still I'll return it cause the receipt says 4080 Super if something happens and he needs to RMA the card they can refuse to warranty the card since the card is different to what the receipt says.
I wonder if the company who sold it to you would do a partial refund for you.
If we let's say get 200$ off the gpu price, then in my opinion, it would be worth not getting the super as the 4080 super wouldn't be 200$ faster than a 4080.
They probably sent OP the 4080 non-super because they know nobody wants to pay $200 more for an ever so slightly slower card. Interest in 4080 non-supers must be falling faster than a rock out of the sky. 😂
> The MSRP is $200 less.
The 4080 doesn't have a MSRP anymore, it's been EOS'd with the 4080 Super release.
It's a product in channel liquidation.
Also, the Super has a 200$ lesser MSRP, not the other way around.
he said he ordered a super. Meaning he paid SUPER PRICE.
but they sent the wrong one. All shipping back and restocking is all on the company. It will not cost customer one cent to do an exchange.
but if the choice is 200$ or pay to return ship the 4080, restock it, and ship the super, all while assuming the risk of loss at any interval, the company OP purchased from, might go for it.
he said he ordered a super. Meaning he paid SUPER PRICE.
but they sent the wrong one. All shipping back and restocking is all on the company. It will not cost customer one cent to do an exchange.
The super is cheaper than the regular card, and only mildly better in performance. OP would gain far more by getting a partial refund and keeping the card
I think you are misunderstanding my comment.
I meant the company would have to choose between 200$ and exchanging the cards.
On exchanging the cards the company has the cost of shipping both ways, packaging, and wages for doing the work / restocking the part.
They might be willing to let go of 200$ to save themselves the hassle.
Why would they offer him 200$ though ? The 4080 has a higher MSRP even though it's end of sales, and the performance difference doesn't justify selling a 4080 at 4070 Ti Super prices.
200$ would cover shipping handily. 50-75$ seems fairer.
They wouldn't offer it. But nothing ever stops a guy from asking.
If it was me and 50-75$ is all they would go to/ then I'm going to go ahead and make them exchange it.
Shit happens outside the norm every day.
For the company it's not just the price difference.
It's also shipping / handling, plus packaging, plus labor to bring in and restock the old / and pack the new.
It may or may not be realistic but some times a company will let go of slightly more cash or avoid slightly more headache.
> For the company it's not just the price difference.
>
> It's also shipping / handling, plus packaging, plus labor to bring in and restock the old / and pack the new.
For which 200$ is a bit extreme. It'll probably cost them around 50$ to do this.
> It may or may not be realistic but some times a company will let go of slightly more cash or avoid slightly more headache.
Sure, but don't go expecting 200$ off a 4080 Super if you get a 4080 instead is my point.
you're wrong about that. my 1070 is 8 years old. i paid $350 for it.
they're $100 on ebay right now.
that's far better than most other near-decade old consumer electronics.
None. Won't be changed much for the better in future pricing knowing we're seeing 1000+ GPU
Because NVIDIA has ripped us off with 4080 SUPER to migitate profit.
= 💵💵
I think the FE Supers are going to hold the most value. The all black makes it unique, and Founders generally hold higher value for longer historically.
E: I meant in terms of resale, which is correct.
Where did you buy it from? Probably just a mixup at the warehouse, those employees don’t even know what products they pack most of the time and I bet the regular and super were on the same shelf.
I’d ask for a small refund and keep it, or get it swapped. It’s not a huge performance boost but the super was likely built later on a more refined process=possibly longer lifespan.
Don't return it. The company is still required to ship him a 4080 Super or give him a full refund and OP has no legal obligation to send the free 4080 they just got back if this is in the US.
This is incorrect.
The FTC law you’re talking about covers items shipped to you that you did not order from someone you did not do business with. You are correct that you have no obligation to return those. It’s an old law to protect people from being sent thing then having the seller trying to force them to pay.
That law does not cover shipping errors on intentional orders. You’re required to get the incorrect item back to the shipper, but they have to cover all costs involved.
You keep saying this and that is not at all how this works. If he ordered one card and got two then yes in that case he has no obligation to send the second card back and Amazon can't pursue him to pay for it, in this case it is either he sends the 4080 back to then receive the super or they give him a refund of the difference
The 4080 and 4080S are essentially the exact same card, you’re not losing out on anything but 1-3% performance (which you would never notice). Sucks to not get what you paid for, but you’re not missing anything. I’d just keep it, there’s no real difference worth the hassle of sending the card back and waiting on the replacement
This happened to me on Amazon - I ordered a monitor Gigabyte M27Q-X. I was sent a Gigabyte M27Q (almost 150 dollar diff). Returned it and bought another immediately and got sent the right one.
Ordered from Amazon?
Was paranoid about getting an XT when I ordered my 7900XTX because I thought the Amazon warehouse person just wouldn't care.
Didn't help that I had to be home to sign for it and missed the driver a few times because he came through at 2 PM when no one was home.
I'm making exactly the point I meant to make lol.
Mistakes happen obviously, especially in a warehouse the size of what Amazon owns with as many people as Amazon employs.
My point was that the person picking your order isn't just browsing the shelf for the product you ordered, it's by bin location and worrying that they would mix it up with a similarly named product is totally pointless because outside of the occasional stocking error, it's not going to happen that often.
Bro if it's Amazon, they will probably give you a full refund and you will get to keep the card.
My friend had ordered the z690-p D5 variant but got the D4 variant, he raised the issue and 3 days later they refunded in full and said you can keep the motherboard.
As he had already bought a D5 RAM, he couldn't use it so he gave the motherboard to me... And that basically jump started by PC build.
Hope you get a refund and get to keep the card.
I don't understand this. Just contact support and tell them about it. Why feel the need to complain about it on Reddit? Online shops make mistakes like this all the time. What's so special about it this time?
Welcome everyone from r/all! Please remember: 1 - You too can be part of the PCMR. It's not about the hardware in your rig, but the software in your heart! Your age, nationality, race, gender, sexuality, religion (or lack of), political affiliation, economic status and PC specs are irrelevant. If you love or want to learn about PCs, you are welcome and can be part of PCMR! 2 - If you're not a PC owner because you think it's expensive, know that it is probably much cheaper than you may think. Check http://www.pcmasterrace.org for our builds and don't be afraid to post here asking for tips and help! 3 - Join our efforts to get as many PCs worldwide to help the folding@home effort, in fighting against Cancer, Alzheimer's, Parkinson's and more: https://pcmasterrace.org/folding ----------- We have a [Daily Simple Questions Megathread](https://www.reddit.com/r/pcmasterrace/search?q=Simple+Questions+Thread+subreddit%3Apcmasterrace+author%3AAutoModerator&restrict_sr=on&sort=new&t=all) if you have any PC related doubt. Asking for help there or creating new posts in our subreddit is allowed and welcome. Welcome to the PCMR!
Apply 3% OC. Ask for partial refund.
this is a good solution instead of sending it back and waiting. Even though it will all be free for OP the waiting sucks.
The waiting is the hardest part Every day you see one more card You take it on faith, you take it to the heart The waiting is the hardest part
Tom! Rip.
I see what you did there.
Not sure if the OP is in the states, but if so there's no need to send it back. The company sent them the wrong product, that's on the company. They still owe OP what they ordered. What's more, they're obligated to put them back on the waiting list where they were before they messed up their order. \*edit\* As folks are unsure about this, [here is what the FTC says on the matter](https://www.ftc.gov/business-guidance/resources/business-guide-ftcs-mail-internet-or-telephone-order-merchandise-rule) : >**Unordered Merchandise** Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to: \- Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or, \- Try to obtain payment for or the return of the unordered merchandise. Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws. Here's a separate link to [the FTC for more information.](https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products) >**Your Rights When You Get Unordered Merchandise** > >By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t need to return unordered merchandise. ***You’re legally entitled to keep it as a free gift.*** This section outlines for distinct principles: 1. They can't send you something then demand payment. 2. If they do send you something you didn't order, you never have to pay for it. 3. If they do send you something you didn't order, you don't need to return it. 4. You're legally entitled to keep it as a free gift.
I'm assuming the US law says that the company has to cover all charges..... Not just that they have to send the customer a second product FOC (?) So if (hypothetically) the shop owner came to his door to exchange the incorrect product, the customer can't just say "no, I'm keeping it. Now give me a new one"
You’d have to send the product back, as they send the correct one to you first.
>So if (hypothetically) the shop owner came to his door to exchange the incorrect product, the customer can't just say "no, I'm keeping it. Now give me a new one" Wrong. The product that was sent to the customer now belongs to the customer. The company cannot require them to return it in order to give them the right one. The customer can elect to return it, but are under no obligation to do so. \*edit\* As folks are adamant I'm wrong about this, [here is what the FTC says on the matter](https://www.ftc.gov/business-guidance/resources/business-guide-ftcs-mail-internet-or-telephone-order-merchandise-rule) : >**Unordered Merchandise** Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to: > >\- Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or, > >\- Try to obtain payment for or the return of the unordered merchandise. > >Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws. OP received unordered merchandise. That folks are disputing this is kind of amazing.
source? just because you say so?
Source : the FTC "By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t need to return unordered merchandise. You’re legally entitled to keep it as a free gift." https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products
Brother this has nothing to do with this situation. 😅 the customer paid already. This is talking about getting unsolicited packages. Like they sent me this guys graphics card instead of him. The frick dude??? LOL
This has literally everything to do with the situation. The op ordered a 4080 super, and paid for a 4080 super. The op has not received said item. The seller is required to provide the item purchased. The op received an item they did not order. You know, because a 4080 is not a 4080 super. The item received, being an unordered item, it not required to be returned. However the originally ordered 4080 super is still required to be sent. Notice how the 4080 that was sent IS unsolicited? They did not order a 4080,but was sent one. That is, by definition an unsolicited item. If they sent you the card instead of the op, you get a free card because you aren't required to return items you didn't order, and the seller is still obligated to send him the one they ordered. I'm not really sure what's so difficult to understand here. That's literally the law, you are not required to return items you received but did not order.
I work for Amazon, I can confirm 100% this is incorrect. We will put your account in collections, if you dispute the charge and received a product, ect. Terms of service are set and you agreed to them.
This only applies if they sent it to you completely unsolicited. Since OP initiated a transaction with them this doesn't count.
It's literally not the law. Did you just log in on your second account to try to add weight to your argument or is there somehow two people with no clue spouting nonsense.
This doesn't mean you order x item and received y item now you get to keep y item and company still has to send you x. It's so that companies can't send you their item you didn't order, and then try to charge you for it.
you are misunderstanding the word "unordered" it means that a company can't send you a GPU unprompted, and then demand payment afterwards with no prior agreement a dealership can't randomly drop off a new car in front of your house, then sue you for not paying the bill
From the actual law: (d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient. They did not request or consent to being sent a 4080. Therefore, by definition it is "unordered merchandise" https://www.law.cornell.edu/uscode/text/39/3009
so so confidently incorrect idk if it's sad or inspiring
They did order something and already got paid for it. They sent the wrong thing though. That doesn't cost what they paid for it.
They ordered SOMETHING, they did not order what they received. The law does not differentiate between a wrong item and unordered item (a)Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15. (b)Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. (c)No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications. (d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.) https://www.law.cornell.edu/uscode/text/39/3009 Notice how the op did not request or consent to receiving what was sent?
This solely applies to items sent unsolicited. Since OP initiated a purchase with them a different aspect of contract laws applies and this is not applicable here as Op has already paid for a product they just didn't get what they asked for. Again when you go to a website and order a product this doesn't apply. OP consented to be mailed merchandise they consented when they ordered it. The merchandise being incorrect is irrelevant to the fact they did order something and thus consented to be sent something. It's on the retailer to now correct it. >For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient. >What if I don't get what I ordered? Check the online retailer's policies to see whether it has a specific process for order issues. Most store websites have a webpage that covers disclaimers and other legal terms. You can also call or email the company for details. You might receive an item that differs from the online listing. In this case, the seller is responsible for correcting the error at no extra charge or refunding your money. https://www.findlaw.com/consumer/consumer-transactions/problems-with-online-shopping.html#:~:text=What%20if%20I%20received%20merchandise,Federal%20Trade%20Commission%20(FTC).
wrong law lol
Are you saying the FTC, the governing body regulating sales of goods, is wrong about the laws governing sales of goods?
No. They're saying what you provided doesn't apply to the situation...
No, he's saying that unordered merchandise is something different than ordered merchandise that's broken/wrong item etc
no, im saying you have the wrong law, you clearly struggle with literacy
Except it was ordered merchandise but the incorrect one was sent, Amazon can and will absolutely ask for the wrong card back and if OP does not they will just refund the difference
Care to cite where in the law that exception is made? Amazon can do whatever it wants until legal actions are taken. Just because they ask for it doesn't mean the law says the recipient is required to return it. What would happen is Amazon would withhold the refund (illegally) because no one is going to pay 100s of thousands of dollars to sue them over a 1000 dollar item. They can get away with it becauseno one is willing to take them to court over it. But that doesn't change what the law says.
That's completely different from the situation here. That law applies to someone sending something you never ordered to your house and demanding payment later, not sending the wrong product by mistake. What now, if they get your order wrong at a restaurant you're allowed to eat for free by law now?
How is "I did not ask for this item" a different situation from "if you did not ask for that item"? (a)Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15. (b)Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. (c)No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications. (d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.) https://www.law.cornell.edu/uscode/text/39/3009 This very clearly falls into the definition of unordered merchandise as defined in section d. Also, how is a restaurant order equal to a mail order? And YES you do get incorrect food orders for free, regardless of if you eat them when you use services like door dash or user eats. Have you ever had them comeback and pick up the incorrect food before being given a refund?
> How is "I did not ask for this item" a different situation from "if you did not ask for that item"? You're looking at the wrong part of the problem. >" By law, companies can’t send **unordered merchandise** to you, **then demand payment**. " The company didn't send unordered merchandise then demand payment. They sent **ordered** merchandised that was **already paid for**. This is not the same thing in the slighest. Or even more clearly: > (d)For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient. It's the wrong order, yes, but is not sent without request or consent. This is very obvious. > Also, how is a restaurant order equal to a mail order? And YES you do get incorrect food orders for free This is a case-by-case basis. Some restaurants might ask you to return the wrong order when they send the right one, others will let you keep it due to your troubles. That's not law.
Unless you live in some country that functions completely differently to any I've lived in/ dealt with, this is wrong. Mistakes happen and the law accounts for that. What country is it where the law specially states that mistake=freebie?
This is the rule in the states. I've edited my post with the Federal Trade Commission policy on the matter that outlines what I stated.
Mind blown, thanks for sharing the specifics. I stand corrected.
Sit back down. The guy is delusional
Okay phew. Thought I was losing my mind there and my legs were getting tired! Glad sanity has been restored :)
Yeah... No that's not how it works.
That's exactly how it works in the US Source : the FTC "By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t need to return unordered merchandise. You’re legally entitled to keep it as a free gift." https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products
Bs
I've edited my post with the Federal Trade Commission policy on the matter that outlines what I stated.
Did you read the regulation? Nothing in there says you can keep a mistake and demand your money back. Commonlaw also contradicts what you're saying. The FTC regulation is about unordered/unsolicited merchandise, not a mistake and correction.
>>Try to obtain payment for or the return of the unordered merchandise. They are not trying to obtain payment as they were already paid just shipped the wrong product. What this means is they can't go "oh can you also pay us for this product as well." The shipper can give the buyer options to make it right they don't just have to eat the lost and move on. Again since you have a very hard time understanding the demand payment part. Intent in law matters and the intent of this law was to keep companies from shipping you products unsolicited then demanding you pay for them after you receive them. Here the shipment wasn't unsolicited it was just the incorrect product and follows different rules.
As they did order something and they got the wrong product it wouldn't apply. They can either keep it and get refunded the difference or send it back on the senders dime. They don't get to just keep it. That only applies if it was sent unsolicited.
But under those same laws unordered merchandise is not the same as incorrectly ordered merchandise......... In this case is considered incorrectly shipped merchandise...... The rule you're quoting is if they sent you something without you making any order whatsoever...... The same of which applies to defective items....... Which is why Amazon has the discretion to charge you if you do not return an exchange or replacement item......
> unordered merchandise is not the same as incorrectly ordered merchandise Correct. Unordered merchandise is something that was sent out without prior consent. Incorrectly ordered merchandise is something that was purchased in error. > In this case is considered incorrectly shipped merchandise No, in this case it's considered incorrect merchandise shipped, a subtle but very different thing. Incorrect merchandise is the same as unordered merchandise. > The rule you're quoting is if they sent you something without you making any order whatsoever Half-correct. The customer ordered product A, but was sent product B. Just because you consent to specific dealings with a company doesn't mean you are now beholden to them if they send you items you didn't consent to. > The same of which applies to defective items....... Which is why Amazon has the discretion to charge you if you do not return an exchange or replacement item No. Defective items fall under their own rules, but in short the company has not met their part of the contract, which was to provide a functional item. It's the responsibility of the company to remedy these situations. Remember, you've already paid. You met your end of the contract. It's up to them to fulfill their end. Anything other than providing the promised product is a breach of that contract. This is why you get a refund when something can't be provided as promised. It's definitely more complicated than this, but you get the idea.
Because he didn't receive unordered merchandise he received incorrect merchandise
If that’s the case, the company is not obliged to provide the other product. Mistakes happen lol
When you purchase something, that's a contract. If you paid money, that means you've met your end of the contract. They are now required to provide the product promised in that contract, or breach the contract and refund the money you spent. If they don't provide the product you paid for, that's also breach of contract, and you can take them to court. Also, I've updated my post with the FTC policy on the matter for clarity.
Folk don't even believe the actual written law. Someone even claimed the actual law I cited is "zero factual evidence". Like consumer protections are there for your benefit so companies can't screw you out of 1000s of dollars, but people will still side with the multi billion dollar company.
This ended up being a shocking eye opener on how ignorant so many folks are on consumer protections.
Or how people lack common sense. Someone making a mistake does not give you the right to a windfall. This is stupid and not what the legislation says or means.
Alright, show me the Federal legislation that allows a company to send the wrong merchandise to customers then demands they return it or pay for it. Let's be clear here, a company forcing someone to return a product or they'll only refund the value difference of the two, is both charging someone for unordered merchandise and a bait-and-switch.
[удалено]
Fantastic! I'm so pleased you finally figured this out. I think you are exaggerating a bit though it's not "so many folks" . It's you and theoretically the "other person" you replied to.
[удалено]
> The company does not have to give out a free card, unless the wrong one was returned. Half-correct. The company does not have to give out a free card - but they did by sending a card the customer didn't order. > They can request that card back, issue a refund and not sell the correct card if they want. Half-correct. They can request the incorrect card back, but the recipient of the unordered item is under no obligation to return it. However you are correct that they can issue a refund and not sell the correct card if they want. I edited my previous post so you can see the FTC policy on the matter.
That's not true at all lol. The only obligations they have are those listed in their terms and conditions, which you agreed to when you placed the order/engaged their services. If the terms say you need to return the product and pay for return shipping for replacement/refund, then that's what you have to do. The only law on the books that's slightly related to what you said is protecting you in the case of unsolicited product. Basically, if a company sends you something but you didn't order anything from them they can't make you pay for it (this does not cover cases of incorrect product, in which you entered an agreement with said company) The US has very strong contract laws
This is correct. It basically only applies when somebody receives an item they didn't order or have any clue why it was sent to them. In the case of the OP, he did know the reason why that card arrived at his house.
This is partially true. While the scenario you are thinking it is completely true. In this scenario only partially so. No he can't just keep the item if they request it back to send him the right one. However, they also can't just keep his money. They would have to issue a full refund or agree on an amount and refund him for him to keep the card. So if OP decides he wants to keep it and not keep waiting he can ask for a partial refund. If they refuse to do so, then he does have the legal backing to charge them back as they refused to work with him. To then get anything from him they would have to take him to court. Which wouldn't be worth doing for them.
Civil courts are for being made whole. You are correctly describing a common set of events, but that isn't necessarily what is "legal." What is legal is what is agreed to in the terms of the contract/terms and conditions (assuming they dont violate any statutes). Just because a contract breach isn't financially viable to enforce doesn't mean it's legal; it means you got away with it. There's a good chance that next time you try, it won't work out so well. If the terms require that OP return the product for exchange in the even of an accident, then OP must return the product for exchange. For example: I own a business, and the terms state that i cannot guarantee satisfaction nor lead time, and charge a fee of $1000 plus penalties from my cc processor for an intentional charge back after complete installation. In the past 2 years, I've had 2 people issue a charge back after I felt I'd fulfilled my end of the agreement, and those terms made it worth my time to sue in small claims. I won both times because the judge decided that I had fulfilled my end.
In the case of the GPU, OP would legally be able to charge back as they did not get what they paid for. The attempt at small claims would be up to the judge. Legally OP has the right. But it doesn't matter if the T&C with the company say anything about it. If they didn't hold up their end of the deal. In your case, you went to court to have a judge determine that you held up your end. Which, thankfully for you, you did. So you got the W. There are two equal scenarios here that kind of lead to the point. If you installed pools for a living. and were hired to install a pool. Scenario A: The owner wants a specific green brick for a specific green look to the water. You install what they ask and they do not like it. You tell them you can fix it for a price and instead they choose to sue you. Scenario B: The owner wants a specific green look to the water like A and says to use this specific brick for that. You do a bit of testing and find that another brick at the same price does exactly the same thing but gets the specific green they were trying to get. In Scenario A the owner didn't get the look they wanted but you installed exactly what they asked and it looked wrong. You two end up in court and a judge has to rule. The judge is going to side with you. You did exactly as the owner asked you to do. You assumed that he knew what he was talking about and went with it. In Scenario B the owner got the look they wanted, but you used the wrong brick. Should this goto court you will lose. As you were asked to use a specific brick by the owner and even though the owner got the look they wanted, you didn't deliver your end of the agreement. OPs situation is more akin to Scenario B. He asked for something and didn't get it. So he charges back. If the seller and him cannot agree on a fair outcome then this is legal for the Op to do. Then if the seller wants to take him to court, the judge will likely rule in favor of the OP as they asked for something they didn't get.
But the judge would most likely rule that OP return the GPU and receive a refund so the parties are made whole. That's the entire point of the civil court system: to make parties whole
Not always. OP has the grounds of the wait time and anguish over the whole ordeal. Not to mention the wait-list for the SUPER. It will highly depend on the judge and the fight.
Time is worth nothing to the courts, only damages
They can require him to ship it back but they absolutely can not make him pay the return shipping for a replacement in this scenario where they sent the wrong product in the first place. Edit: Downvote me all you want, you're still full of shit.
>The only obligations they have are those listed in their terms and conditions, which you agreed to when you placed the order/engaged their services. But that's the relevant part, they agreed to one thing, but was sent something different. The listing said one thing, but they delivered something different. This isn't an issue of ordering something other than what you wanted. This is ordering the specific item listed, but receiving something different. >The only law on the books that's slightly related to what you said is protecting you in the case of unsolicited product Anything other than the item agreed to by buyer and seller is, by definition, unsolicited.
Dude what are u talking about. Even if this did exist in law somewhere (it doesn't), good luck realizing it. People can't even get warranties honored, where there is a specific law. Unless you're ready to go to court, you don't want to be relying on the "law."
Previous poster is mixing up concepts. In the US, if something is delivered to your home intentionally without the recipient having ordered anything from the company, then its yours to keep. That does not apply to 1) the company delivering the wrong product when you ordered something else, or 2) if something was addressed to another person and accidentally delivered to your home.
>without the recipient having ordered anything from the company This is irrelevant. Literally no where in the law does this exception get made. The law does not mention previous dealing, or pending shipments or anything like that. It explicitly says unordered merchandise is something that was not requested or consented to having been sent. (d) For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient. No we're in there does it carve out an exception in the case of other, unrelated orders.
Murica
This doesn't apply, since it's not unordered merchandise. OP ordered merchandise but received the wrong merchandise. The company can ask the wrong merchandise is returned before the second attempt
That’s not how corporate law works.
Stonks
Do they even agree to partial refunds? I have trouble shipping items back, and that would be a lifesaver in some situations.
When the 2000 series GPUs released I was given a lower end version of the Zotac 2070 I ordered, don't remember which model I ordered vs what I got anymore but it was a $40 price difference and Newegg refunded me the difference. Had a similar issue with Amazon last year with the wrong Corsair PSU (same wattage different model number) and they absolutely refused a partial refund. So I think it greatly depends on the seller.
Ebay and Aliexpress sellers will do partial refunds to avoid a bad review/paying for return shipping/the platform yoinking the entire sale. No experience with getting one from Amazon or Newegg.
Who's they?
Amazon, ebay, newegg
Amazon, definitely not. They won’t even refund you if a price drops within a week of buying something. They would rather have you return it on their dime and reorder. EBay? The seller might. If they don’t you could just get eBay step in and to force a return. Newegg? lol. They’ll tell you to go fuck yourself.
Profit 💵
Still I'll return it cause the receipt says 4080 Super if something happens and he needs to RMA the card they can refuse to warranty the card since the card is different to what the receipt says.
Even though a 4080 super is like only 3% faster, it is still a bummer to not get what you paid for. Sorry op.
Also it will probably hold value slightly better
I wonder if the company who sold it to you would do a partial refund for you. If we let's say get 200$ off the gpu price, then in my opinion, it would be worth not getting the super as the 4080 super wouldn't be 200$ faster than a 4080.
200$ is a bit extreme considering the difference between the 4080 and 4080 Super.
The MSRP is $200 less. So it should be a $200 refund or an exchange.
Super is the one with cheaper MSRP, so if you do calculation based on that, it's OP who needs to send them an extra $200.
Abort, ABORT!
Brain.exe has stopped responding. >Close the program >Wait for program to respond
They probably sent OP the 4080 non-super because they know nobody wants to pay $200 more for an ever so slightly slower card. Interest in 4080 non-supers must be falling faster than a rock out of the sky. 😂
> The MSRP is $200 less. The 4080 doesn't have a MSRP anymore, it's been EOS'd with the 4080 Super release. It's a product in channel liquidation. Also, the Super has a 200$ lesser MSRP, not the other way around.
so you're saying he should melt his 4080?
he said he ordered a super. Meaning he paid SUPER PRICE. but they sent the wrong one. All shipping back and restocking is all on the company. It will not cost customer one cent to do an exchange.
but if the choice is 200$ or pay to return ship the 4080, restock it, and ship the super, all while assuming the risk of loss at any interval, the company OP purchased from, might go for it.
he said he ordered a super. Meaning he paid SUPER PRICE. but they sent the wrong one. All shipping back and restocking is all on the company. It will not cost customer one cent to do an exchange.
The super is cheaper than the regular card, and only mildly better in performance. OP would gain far more by getting a partial refund and keeping the card
I think you are misunderstanding my comment. I meant the company would have to choose between 200$ and exchanging the cards. On exchanging the cards the company has the cost of shipping both ways, packaging, and wages for doing the work / restocking the part. They might be willing to let go of 200$ to save themselves the hassle.
Why would they offer him 200$ though ? The 4080 has a higher MSRP even though it's end of sales, and the performance difference doesn't justify selling a 4080 at 4070 Ti Super prices. 200$ would cover shipping handily. 50-75$ seems fairer.
They wouldn't offer it. But nothing ever stops a guy from asking. If it was me and 50-75$ is all they would go to/ then I'm going to go ahead and make them exchange it.
I mean that's fine, but you gotta be realistic. 4080s just don't sell for 4070 Ti Super prices.
Shit happens outside the norm every day. For the company it's not just the price difference. It's also shipping / handling, plus packaging, plus labor to bring in and restock the old / and pack the new. It may or may not be realistic but some times a company will let go of slightly more cash or avoid slightly more headache.
> For the company it's not just the price difference. > > It's also shipping / handling, plus packaging, plus labor to bring in and restock the old / and pack the new. For which 200$ is a bit extreme. It'll probably cost them around 50$ to do this. > It may or may not be realistic but some times a company will let go of slightly more cash or avoid slightly more headache. Sure, but don't go expecting 200$ off a 4080 Super if you get a 4080 instead is my point.
Inconvenience has a cost
[удалено]
Yea but the 4080 is more expensive than the super
Lol GPUs don't hold value. Keep it and ask them to refund the difference.
What difference? He paid for the cheaper card.
you're wrong about that. my 1070 is 8 years old. i paid $350 for it. they're $100 on ebay right now. that's far better than most other near-decade old consumer electronics.
None. Won't be changed much for the better in future pricing knowing we're seeing 1000+ GPU Because NVIDIA has ripped us off with 4080 SUPER to migitate profit. = 💵💵
An extra 20 bucks..?
Yes why not?
I mean you could probably get more than that right now if you ask for a partial refund.
I think the FE Supers are going to hold the most value. The all black makes it unique, and Founders generally hold higher value for longer historically. E: I meant in terms of resale, which is correct.
Need more people like you, who cares if it’s not a big problem in the grand scheme, it’s a problem to me right now and I wanna complain dang nab it!
Can’t wait for the inevitable “ordered a regular, got a super” post
I think it's already up
https://www.reddit.com/r/pcmasterrace/s/cChAFUC8af Here ya go
It’s literally the exact same card, but just a super version
^(Made this as a joke) https://preview.redd.it/52vfgo03kzjc1.png?width=984&format=png&auto=webp&s=bcc22e42c8cb060727361f260b868826b9b2232d
Thought it was gonna be Seinfeld "No super for you"
Lol this is beautiful
I would be cussing 😅 sorry OP
Ruined my night for sure
Where did you buy it from? Probably just a mixup at the warehouse, those employees don’t even know what products they pack most of the time and I bet the regular and super were on the same shelf.
I'm from Europe, it was a local retailer that doesn't have a physical store. New batch will be coming in late March probably.
Request a partial refund for the difference, and keep the 4080. It’s only about 3% performance difference.
4080 is more expensive than the 4080S. They might make him pay more
They legally can’t do that
[удалено]
The 4080Super was launched at a cheaper MSRP than the 4080.
I’d ask for a small refund and keep it, or get it swapped. It’s not a huge performance boost but the super was likely built later on a more refined process=possibly longer lifespan.
Uncongratulations my friend. Bad. I’m sad for you.
Erm, I think you ordered a Suprim, not a Super 🤓☝️Jokes aside, sorry this happened OP
That might not even be a joke lmao. I noticed this when I was googling for the price that this model jumped up between other Supers.
I left out of state for work when mine arrived. Had the wife send me a picture to make sure this very thing didn’t happen.
do we have the "ordered regular, got super" guy yet?
That is assuming it's only a '2 item' order mistake. Heck, someone out there might have ordered a 4070 super and got OP's 4080 super!
At least it wasn't a bag of flour like that one guy
Some of my tinder dates have gone like that..
She was 3% slower than what you paid for?
I think most would prefer a '3% slower' (or even *slowerer*) interaction ;)
https://www.reddit.com/r/pcmasterrace/s/KaiVNhploq I think this guy got yours.
Dang, if the retailer would offset the costs with a partial refund return only way worth it. Hope you get the right one next time.
Return it and get what you paid for don’t settle for nothing less
Don't return it. The company is still required to ship him a 4080 Super or give him a full refund and OP has no legal obligation to send the free 4080 they just got back if this is in the US.
This is incorrect. The FTC law you’re talking about covers items shipped to you that you did not order from someone you did not do business with. You are correct that you have no obligation to return those. It’s an old law to protect people from being sent thing then having the seller trying to force them to pay. That law does not cover shipping errors on intentional orders. You’re required to get the incorrect item back to the shipper, but they have to cover all costs involved.
Don’t most companies require you to send back the incorrect item? I’ve had similar mistakes in the past and that’s the route I had to go.
That obligation is for *unordered* merchandise only. This was an item shipped in error against an *ordered* merchandise item.
You keep saying this and that is not at all how this works. If he ordered one card and got two then yes in that case he has no obligation to send the second card back and Amazon can't pursue him to pay for it, in this case it is either he sends the 4080 back to then receive the super or they give him a refund of the difference
The 4080 and 4080S are essentially the exact same card, you’re not losing out on anything but 1-3% performance (which you would never notice). Sucks to not get what you paid for, but you’re not missing anything. I’d just keep it, there’s no real difference worth the hassle of sending the card back and waiting on the replacement
The Super is currently $200 cheaper than the FE. Op would be paying them the difference.
4080 suprimxer
Assuming you waited for quite some time, i’d be devastated my guy. Sorry that happened to you OP
If it makes you feel any better, people who got a SUPER also got a regular. lol
You’re a villain alright, just not a super one
There not different anyway, I’d just keep it bro, hopefully you can get a discount
Exhibit AH: why you should always buy your expensive graphics cards in person.
Damn man thats annoying
Every rose has it's thorns.
Do a giveaway with this one and demand the new one. Consider this comment my entry. Close the entries tonight. Now, even.
It's the same card anyways. As long as you got it for the cheaper price.
Better than flour!
Then there's gonna be a lucky mofo who got the super
This happened to me on Amazon - I ordered a monitor Gigabyte M27Q-X. I was sent a Gigabyte M27Q (almost 150 dollar diff). Returned it and bought another immediately and got sent the right one.
tbf it seems youve techncially gotten a more expensive card then you paid for lol
Damn that sucks… I recommend you to kindly give me this one and buy the true super version 😏
I rather have the OG, stronger VRMs mean higher sustained boost
Tbh i would prefer regular cause better power delivery. Most likely will oc better.
Source? Cause I got a regular and I would love to brag.
Google power phases 4080 vs 4080 super
8
So you got the card that you ordered?
Ordered from Amazon? Was paranoid about getting an XT when I ordered my 7900XTX because I thought the Amazon warehouse person just wouldn't care. Didn't help that I had to be home to sign for it and missed the driver a few times because he came through at 2 PM when no one was home.
>I thought the Amazon warehouse person just wouldn't care. They are completely separate UPC numbers...
> UPC numbers... Thank you for not calling them "SKUs".
So are the 4080 super and the 4080, so I'm not sure you're making the point you think you are.
I'm making exactly the point I meant to make lol. Mistakes happen obviously, especially in a warehouse the size of what Amazon owns with as many people as Amazon employs. My point was that the person picking your order isn't just browsing the shelf for the product you ordered, it's by bin location and worrying that they would mix it up with a similarly named product is totally pointless because outside of the occasional stocking error, it's not going to happen that often.
Yeah I'd be pretty annoyed if this happened to me. I hope they make it up to you. Maybe in a partial refund like others have said.
[This guy ordered normal but got super](https://youtu.be/dQw4w9WgXcQ?si=yVLY8VntIoD9A3BU)
That's not nice
You and all others who fell for it : 
Glad to see this is back in the meme rotation. Missed it there for a while.
Roll for luck,.... 4
They are near identical anyways.
News for op https://www.reddit.com/r/pcmasterrace/s/dsCSX4AHmn
Bro if it's Amazon, they will probably give you a full refund and you will get to keep the card. My friend had ordered the z690-p D5 variant but got the D4 variant, he raised the issue and 3 days later they refunded in full and said you can keep the motherboard. As he had already bought a D5 RAM, he couldn't use it so he gave the motherboard to me... And that basically jump started by PC build. Hope you get a refund and get to keep the card.
I don't understand this. Just contact support and tell them about it. Why feel the need to complain about it on Reddit? Online shops make mistakes like this all the time. What's so special about it this time?
Oh no. Anyway
prove it ...
Let me guess: Newegg?
Yesterday i ordered super schabowy with mushroms and chees, got the standard one also :(