Putting something in your ToS that is contrary to federal regulations will not alleviate the company from complying with those federal regulations. A companies ToS does not override federal regulations LDO.
When You Must Cancel an Order
You must cancel an order and provide a prompt refund when:
•the customer exercises any option to cancel before you ship the merchandise;
•the customer does not respond to your first notice of a definite revised shipment date of 30 days or less and you have not shipped the merchandise or received the customer’s consent to a further delay by the definite revised shipment date;
•the customer does not respond to your notice of a definite revised shipment date of more than 30 days (or your notice that you are unable to provide a definite revised shipment date) and you have not shipped the merchandise within 30 days of the original shipment date;
•the customer consents to a definite delay and you have not shipped or obtained the customer’s consent to any additional delay by the shipment time the customer consented to;
•you have not shipped or provided the required delay or renewed option notices on time; or
•you determine that you will never be able to ship the merchandise.
http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
The actual FTC regulation underlying the above summary from the FTC website is Title 16 CFR 435. Section 2 of part 435 covers when a company must give refunds for delays.