It say you will get instant items on preorder?!? Well?

[DrForester]

Its not 'false advertising'... you don't know what that means... because if you order it next week, it WILL be instant. It's only NOT instant because they can't process them fast enough. That is NOT what false advertising means. IT IS STILL INSTANT. You get the items the INSTANT they process your order. A delay in processing orders doesn't make that false advertising.
Does standing in line at an event labeled early access mean it's false advertising if you still get in before it starts, just because you didn't get to instantly walk in? No. Same thing applies.

I think it's a fair statement, even if not a legal one. This happens with EVERY expansion pre-order launch. They know full well their website can't take it, and they refuse to invest in a working storefront. They know it's going to be full of crashes and errors for a day or more.

Even if they're too cheap to implement a queue system, they could split up opening pre-orders for the physical and digital version to split up the surge on their website.

At the very minimum, maybe state before pre-orders even open that the store is likely to be hammered and that there will likely be delays instead of promising "instant delivery!"