It's written pretty clearly on the outside of the retail box. By buying it you accept those terms.I'd like to see some precedent for that. IANAL, but written contracts must be accompanied by a signature of both parties involved, in order to be binding.
The software EULA is an anomaly, and only applies because the action of clicking the "I accept" button is somehow analogous to signing a contract. But when I pick up something off a store shelf, pay for it, and walk out of the store, no contract whatsoever has been made.