I'm not a lawyer nor a consumer law expert. My theory of the case is that if the goods delivered were known to be unfit by the vendor, consideration was not me

I'm not a lawyer nor a consumer law expert. My theory of the case is that if the goods delivered were known to be unfit by the vendor, consideration was not met and the contract wasn't formed. Some of these contracts waive the implied warrant of merchantibility. Not sure which jurisdictions allow that. Not sure if the warrant of merchantibility is still 'implied' if a specific use is advertised and the product isn't fit for that use. I suspect the unconscionability test in contract law is stronger in contracts of adhesion.