That may be true but doesn't help if not accepting the terms prevents you from using the device.

On a practical level you then at best have a battle to get a third party (the retailer) to give you a refund and most people faced with the option of removing and returning a huge expensive device like a fridge with no guarantee of a refund are going to just leave it.

It does need some stubborn and tenacious people to make a stand and set a president - perhaps backed by a consumer rights group but it's an uphill battle.

Sure, but that depends on the thing actually being illegal first. Genuine question - how often in practice are terms and conditions successfully challenged? My thought is that companies like that would be able to drain plaintiffs out before it getting that far very often