Actually, hats not strictly true.
While Apple's TOS say this, its only for their own purposes.... It's the customers right to get their money back if it's not working as expected.
While this is just to back Apple up, and yes, their not required to do so, usually they will,, since they must keep the customer happy...
Thus, use this to your advantage.... and keep complaining to them if it doesn't...
I got a free iPhone 5s out of then because of 7 constant grueling weeks of complains every single day,,, even right up to management. and emailed Tim.. Personally, I reckon Apple just wanted to give it to me to i'd shut up and go away, but Apple's terrible services as of late brings this out.
They have only bought this on themselves... Unless their services start improving that is. I got the same error in iTunes tonight..
Seriously though,,, if people want their money back, all you gotta do it lie.... Tell them them you are unable to download or something, and they'll be more than happy to refund..... ( not a sure fire way, but anything is better than just taking their agreements seriously.)