It is difficult to ID plant from an image.  Sometimes it helps to see reproductive structures, it it produces them.  It is even more difficult to ID a hybrid or a plant that was selected as a new variety since many will have similar outward appearances.  You either need to rely on an expert who works with a particular plant or the place you purchase.  Some have experienced plant people who know their plants.  Others just want to sell their merchandise and do little else to obtain knowledge of the plants they sell.

Unless the variety you have has been selected to be distasteful to deer,   you probably should not buy the plant.  If you can get the name of the variety, you can sometimes find alternate sources of information that will help you care for the plant and give some idea of its resistance to wildlife.  I might be able to assist you further if you can get the  name of the variety of this plant and, if it is a hybrid, what the parent plants used to develop it.

Hi Expert, it's osmanthus heterophyllus. Thoughts on deer resistance?

The spiny leaves tend to make the plant deer resistant. 

A cautionary story:

A few years ago, when we had a severe winter and the deer could not easily get to the grass under the snow, they started eating evergreens which they would not eat in the past.  Now, they have no issues with eating a variety of evergreens during the winter.

Lesson learned, deer will adapt so they may not like this particular holly now but they may decide to try it if they are desparate.  Be vigilant in the winter.