That is a very unhappy Osmanthus fragrans, commonly called Tea Olive or Sweet Olive or Fragrant Olive. I'm afraid there's no way telling what the problem may be from the picture. I can only suspect that it has been ignored for many months at the nursery and is suffering the consequences.

This plant should be full, solidly evergreen in warmish climates. Container grown specimens should enjoy a fast draining potting medium and thorough watering when allowed to dry out somewhat. In very hot climates, they suffer and require protection from the hottest afternoon sun.

Return it now. Ask for refund or replacement with healthy one.