Assuming you’re talking about the US, this is correct.
In the US you need to both actively acknowledge acceptance of the T&Cs, which simply opening a package typically doesn’t meet.
Also, and arguably more important, they need to include the entirety of the T&Cs for you to be able to review before accepting. This means on the packaging or presented at time of purchase, not requiring you to go elsewhere to find them or having to search them out.
Now even though it’s not legally enforceable, I’d say it’s still scummy and companies that do it should be avoided.
It’s not legally binding.
Assuming you’re talking about the US, this is correct.
In the US you need to both actively acknowledge acceptance of the T&Cs, which simply opening a package typically doesn’t meet.
Also, and arguably more important, they need to include the entirety of the T&Cs for you to be able to review before accepting. This means on the packaging or presented at time of purchase, not requiring you to go elsewhere to find them or having to search them out.
Now even though it’s not legally enforceable, I’d say it’s still scummy and companies that do it should be avoided.