this post was submitted on 03 Mar 2024
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You pay for something once you know what you're getting. If you don't know what you're getting, it can hardly be argued there was ever a meeting of minds. See the "The Peerless" case.
You also can't do whatever the fuck you want with someone else's property, which IMO supersedes the "getting to know the merchandise". If the terms of the seller is not sufficient, don't buy it. Or do buy it, try it out (without damaging or breaking it), and exercise your right to return if you don't like it. But don't fuck around with it unless you both agree or you pay.
Even if it is damaged or broken, you'd be able to return it for the full price, because you did not get what you were promised (at least in countries with legal warranty)
Depends on how the product is described and what the warranty covers.
Like, if these are sold as decorative art pieces, swinging them around probably voids the warranty.
If they are sold as "replica swords", and the seller assumes this means "display piece" and the buyer assumes this means "larp-usable sword", the sale is null as no meeting of minds has happened.