Whilst I agree with you in regards to pirating a game to "find out whether you like it" not really being acceptable, that doesn't address the issue of games which perform poorly, are of poor quality/don't meet the advertising, or are simply so full of bugs they just don't run (*cough* Batman), and the examples you've given aren't really accurate parallels in that respect.
If you bought a pack of cigarettes and they were all damp and ruined, you could take them back.
If you bought a bottle of wine/expensive food and it had gone bad, you could take it back (and in fact many brands have a "satisfaction guarantee" which applies even if you simply "don't like" the product).
If you went to a (decent)restaurant and didn't get what you ordered/it was over/undercooked/cold/etc. then you could send it back.
If you went to the cinema and the sound/picture was cutting out every 10 minutes then I doubt you would find it difficult to get your money back.
And yet, if you buy a game and it doesn't run properly, has the graphics of a 10 year old game despite the fancy "screenshots" on the box, or is so full of bugs that you can't get past the first level, then it's "tough luck, thanks for the £40, bye now"?
So you say "don't buy the game until someone else has so you can find out what it's really like"? If everyone did that, then no game would ever be sold because everyone would be waiting for someone else to buy it!
In terms of a trial/demo, the Steam refund system is definitely a step in the right direction, but IMO it should be based on the average completion time of the particular game (with a minimum of say 20-30 mins).
E.g. a £5 indie game which takes people an average of 2hrs to complete shouldn't need more than 20-30 mins to get a good idea of whether it's "for you", whereas a bigger, more complex 50-60+ hour game like The Witcher 3 might take you 5-6 hours just to get out of the starting/tutorial area and start getting used to the gameplay mechanics - by the time you've configured your graphics settings/controls/etc, 2 hours is barely enough time to do the first quest! IMO the time period to allow for a refund should really reflect that.