Finally some good news! I’ve been waiting for quite a while for such a ruling.
Edit: Seems this cites an article from 2012, I didn’t notice that (and it’s still news to me). Though there’s still hope that it’ll happen, EU is slow, but usually eventually gets shit done.
Yeah consumer retail has implied contracts that override anything you write in a TOS or EULA. You can add certain things with those but there’s still a basic commercial transaction happening that is bound to the rule of law.