I agree.
The foundations of any contract are negotiation and mutual agreement to the terms. As you pointed out, I have to buy and pay for the product before I learn the true terms of the "contract." Furthermore, if I buy the product from a retail outlet, the sales person is in no position to negotiate - or even explain - the terms of the "contract." Obviously, there is no negotiation involved; it is a "take it or leave it" offer, and I have to buy the product to learn the full scope of the terms.