Well, they’d argue that, while there was no TOS at sale, they did have a “shrink wrap EULA” that said “agree to these terms or return the item” and the terms in

Well, they’d argue that, while there was no TOS at sale, they did have a “shrink wrap EULA” that said “agree to these terms or return the item” and the terms included a “we can change these terms at any time but you can’t” clause. It’s ridiculous, but it’s the way it is now (in the US).