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I am a law student who loves collecting pokemon cards. Article 2 of the UCC (Uniform Commercial Code) governs the sale of goods. §2-601 of Article 2 of the UCC covers "Buyer's Rights on Improper Delivery." It reads as follows:
...if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may
• (a) reject the whole; or
• (b) accept the whole; or
• (c) accept any commercial unit or units and reject the rest
I think a good legal argument can be made that since the TPC sent out order confirmation emails (contracts) that listed the promotional Pikachu in the confirmation itself, not shipping out the order with the promotional card does in fact constitute a breach of contract. As a merchant, TPC is shipping non-conforming goods, and the buyer has a legal right under §2-601 of Art. 2 UCC to reject the non-conforming goods. Perhaps we should all be mentioning this when we contact support.
