[piva00]

This kind of legal loophole might be common in the USA but in the EU is much harder to weasel out of obligations from the spirit of the law with legalese.

They can wrap as in many disclaimers as they want, if the law is clear that consumers had a presumption of delivery due to marketing promises which were unfulfilled they are on the hook for it.

It's why many American companies constantly complain about EU regulations, they empower consumers which is "bad for business™" since fraud becomes much harder to wrap in loopholes.