You're the victim if you didn't realize it was the wrong item within the return period, which is a lot more common especially among people who aren't as intimately familiar with the technical details
Plenty of people have been scammed on microSD cards, a common target for this fraud, because they didn't know how to properly test them and never pushed the capacity until after the return period.
Not saying that I'd want this to happen to me, but assuming Amazon made it right I'd say that I was just inconvenienced and they were the victim.