Get yourself together Rick! We're not twelve anymore.

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Let's assume that's true. What are you going to do about it? The only possible option you have for doing anything about is to take GOG to court and test those claims of yours.

And if you aren't going to do that, then whether it's binding or not is a moot point, because even if it's not, you still can't do anything about it anyway.

I expect you won't take them to court though because you probably know you don't have a strong case and it wouldn't be worth your legal expenses.

Sorry for stoking more fire into this very hot furnace, but I really dislike this trend of power-users / old-time users of the service taking defensive position for the service they've emotionally attached to, that are ready to write apologetic letters on their behalf. I had enough of that crud on Steam discussion forums (every time somebody would suggest a QoL improvement in their Ideas discussion thread, there are five dozens of users ready 24/7 to tell you "oh, well, that's not how the service works so they will unable to make the change, also you should've read their ToS", sometimes said in very galling and nasty manner), so much so I stopped pouring any money into their service.

Guys, please stop doing that and saying how they had to read ToS before making the purchase - it's insultingly anti-consumer and generally unhelpful.

That being said, @Rick_Carufel - you might as well just opt-out from buying PC games, because there are millions of possible combinations of hardware and OS/drivers software for something to go wrong for just a small set of users. That's something old-time PC gamers just got used to and usually ready to jump through those "idiotic" hoops, as you call it, to make the game run stable.
In your case I would've guessed that it's the multi-core of your CPU that causes the crashes on FO3
If you're actually interested in playing this game, then please refer to this very simple fix

That said, I think that being as much consumer friendly as you can, especially when your major competitors already are, is crucial for success.

Write any post about much needed QoL improvements on GOG and there's a good chance you'll get uprepped and a dozen of people agreeing with you.

However, you seem to forget that GOG provides DRM-free games, so once you download the installer it basically stays yours. When they remove a game from your library, you still have an installer and a game and there are no built in mechanisms preventing it form working when it's not on your account any more. So you can't really "resign" from your purchase in a manner similar to returning a product you don't want, like you can on Steam for example.

Therefore GOG implemented a policy of trying their best to fix your problems before they offer you a refund. The policy seems fair to many of us and we know that GOG shows a lot of leniency and good will in those cases. So when you write an angry post, like Rick_Carufel did, you are probably not going to hear a lot of sympathetic voices.

*continues to grumble in a corner*

I didn't forget about that and I know exactly the reason for why GOG are doing this (I was hesitating to write it up in my post, but decided not to in order to not delve far off the point), but you can't really fight these types of illegitimate acquisitions of the game copy, because there are already ways to get that copy without any need to buy the game in a first place.

If customer has bought the drm-free product and then refunded it, it is up to good trust of the service into customers honesty to remove that installer.
However, if the customer is not interested in service or growing a library, they're unlikely to ever keep their business with that service, especially when they try to keep the unsatisfactory purchase hostage. You will not gain anything from just refunding the money to customer, but if you refuse to refund, then you will gain negative feedback inside and outside of the service. People who will hear that feedback would be more hesitant to do their first purchase, knowing that if they don't like something they can effectively kiss their money goodbye.

P.S. I don't think that at any point of both of my post I've expressed anger. I've only expressed my concerns about the policy that, in my opinion, hurts GOG more than it helps long-term

I'm not seeing much difference between refusing to know tos and traffic regulations. Both prevents from having fun without agreeing to some conditions.
The forum is full of people willing to help for a thank you you don't even get often. The guy doesn't even want any help, he just want few bucks. Most probably 6 core cpu is the problem in this case, but since he seems to know better, it's a time wasting for anyone willing to help. I'd say leave it as it is, natural selection.