AFnord: Was it not more along the line of the consumer having to be realistically able to have the chance to read the TOS before doing a purchase, or otherwise it would be invalid? (And a TOS on some website somewhere would not be enough, the consumer had to have it readily available at the moment of purchase)
Well, it's a bit of everything. Some of it is simply flat out void (for example, certain limitations of liability on the seller's behalf) regardless of whether the consumer reads it or not. Sellers (and consumers) simply cannot sign away your basic rights, much like you cannot sign a contract for someone to murder you.
As far as I remember, the reasonableness test applies to blue print clauses - whether the consumers do actually get adequate opportunity to read the ToS/EULA/etc when finalising their purchase. But I might be wrong on this.
