Yes, though this is especially true when it's consumers 'agreeing' to the TOS. Anything even somewhat surprising within such a TOS is basically thrown out the window in European courtrooms without a second look.
For actual, legally binding consent, you'll need to make some real effort to make sure the consumer understands what they are agreeing to.
For actual, legally binding consent, you'll need to make some real effort to make sure the consumer understands what they are agreeing to.