Terms & Conditions
General Terms and Conditions M_blades
Who are we?
- We are M_blades (hereafter: MBlades), a company organised under the laws of the Netherlands. We are registered with the Chamber of Commerce in the Netherlands under number 27372650.
- Our offices are in the Netherlands at Stadtlohnallee 29 (7595BS) Weerselo and our e-mail address is firstname.lastname@example.org .
- Our VAT-number is NL002058336B12.
When do these General Terms and Conditions apply?
- These General Terms and Conditions (version 20220404) (hereafter: the Terms and Conditions) apply to all legal relations between MBlades and persons who place an order to buy a SwinG (hereafter: Customers, the Customer or you), regardless of whether the Customers are legal or natural persons.
- The applicability of these Terms and Conditions has been confirmed by Customers. These Terms and Conditions have been provided to the Customers in the manner required by the law prior to the conclusion of an agreement between the Customers and MBlades to buy a SwinG. Regardless, MBlades will provide the Customer with a copy of these Terms and Conditions free of charge at its first request.
- Besides these Terms and Conditions, no other terms and conditions apply, with the exception of the technical manual provided by MBlades, unless MBlades agrees in writing that these other terms and conditions apply. In case of a conflict between the Terms and Conditions and the aforementioned other, as the case may be applicable, terms and conditions, the Terms and Conditions prevail, unless MBlades has agreed otherwise in writing explicitly and unambiguously.
- In case of conflicts between these Terms and Conditions and the technical manual provided by MBlades these Terms and Conditions prevail.
- Situations that are not covered by these Terms and Conditions should be assessed ‘in the spirit’ of these Terms and Conditions.
- If any one or more provisions of our Terms and Conditions are determined to be ambiguous or unclear, they should be interpreted ‘in the spirit’ of these Terms and Conditions.
What is the SwinG and how should it be used?
- We sell a short sword simulator intended for solo practice, to train in locations that wouldn’t allow the space with a full-length blade (hereafter: the SwinG or the goods). The SwinG is not intended as a weapon, nor is it meant to collide with other swords, objects or living creatures, intentionally or otherwise, so please be careful to avoid this. It is made of a non-stainless steel which will rust when kept moist over longer periods of time; the user is required to prevent this by cleaning and drying it frequently. The crossguard can be placed and removed by hand without using tools other than the Alen key for tightening the screw; if this poses any problems, please contact MBlades and please refrain from using other tools which might damage the product. Because of its weight it is adviced to treat the SwinG as a workout tool, making sure of proper warming up etc to prevent injury, just as with other training.
- THE CUSTOMER IS EXPRESSLY PROHIBITED FROM USING THE SWING (i) FOR OTHER USES THAN ITS INTENDED USE (ii) IF IT IS NOT PROPERLY MAINTAINED, (iii) IF IT IS DAMAGED, (iv) IF IT IS DEFECTIVE.
- MBlades warrants the quality of the SwinG shall be in accordance with any reasonable expectations that the Customer may have as to the quality in terms of reliability, durability and usability and that the SwinG is suitable for its normal, intended, use. In any case, MBlades warrants the specifications it has provided to the Customer regarding reliability, durability and usability are met. Notwithstanding the foregoing the Customer is to ensure the SwinG is properly maintained and the Customer is to examine whether the SwinG is damaged/defective in any way prior to using the SwinG.
- It is expressly forbidden to modify the SwinG in any way.
- Any documentation concerning the SwinG is in English. The Customer warrants that it will carefully examine the documentation and shall perform all instructions set forth therein.
- The Customer cannot derive any rights (or obligations) as the result of apparent errors or omissions in documents provided by MBlades, such as but not limited to, technical documentation, manuals, Terms and Conditions, promotional documents etc.
- If an offer by MBlades has a limited duration or is subject to conditions, this will be explicitly stated in the offer. In case an offer by MBlades is only valid during a certain term, it can only be accepted during this term. In case the offer by MBlades is only valid under certain conditions, it can only be accepted under these conditions. Offers are non-binding, unless MBlades has stated otherwise explicitly and unambiguously.
- Any offer by MBlades contains a detailed description of the content thereof. As such, the offer is limited to this description and any information omitted is not part of the offer.
- Any offer by MBlades that is accepted by the Customer, subject to clause 17, is legally binding.
- In case the offer is accepted by electronic means (i.e. on the internet / e-mail), MBlades will confirm the receipt of the acceptance of the offer as soon as reasonably possible. The Customer is entitled to withdraw (in Dutch: ontbinden) the offer until MBlades has confirmed the receipt of the acceptance.
- In case the purchase agreement is concluded by electronic means and/or the payment by the Customer is made by electronic means MBlades will ensure it has taken appropriate technical and organisational measures relating to the transfer of data and its online web shop.
- Prices mentioned by MBlades shall be including VAT, if applicable, and other applicable taxes and government levies, but not including any shipping or custom costs. In case of misprints / typing errors MBlades is allowed to correct the error and charge the correct price.
- MBlades is not entitled to change prices within a three month term after a purchase agreement is concluded, except in case of a change of the rate of VAT or any other applicable government levy and in case the cost price regarding the SwinG has changed due to government measures or price fluctuations. However, when the three-month term has expired, MBlades is entitled to change the price.
Right of withdrawal
- The Customer shall have a period of 14 days to withdraw (in Dutch: ontbinden) from a purchase agreement with MBlades and return the goods, without giving any reason, and without incurring any costs other than the costs mentioned below. The withdrawal period shall expire after 14 days from:
- a) the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods or:
- b) in the case of multiple goods ordered by the Customer in one order and delivered separately, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last good;
- c) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last lot or piece;
- d) in the case of contracts for regular delivery of goods during defined period of time, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the first good.
- The goods must be returned unused. The Customer may perform some movement with the SwinGs to check the weight and balance, however is prohibited from performing any actions that could diminish the value of the goods. Used goods are exempt from the right of withdrawal.
- The goods must be returned in the original packaging or with similar protective value and with the steel parts dried and oiled with WD40 or similar to prevent rust during transport.
- MBlades shall refund the payment received from the Customer, excluding the costs of delivery of the goods to the Customer without undue delay and in any event not later than 14 days from the day on which MBlades is informed of the Customer’s decision to withdraw from the contract in accordance with clause 23. Unless MBlades has offered to collect the goods himself, with regard to the purchase contract with the Customer, MBlades may withhold the reimbursement until it has received the goods back.
- MBlades shall carry out the reimbursement referred to in clause 26 using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise and provided that the MBlades does not incur any fees as a result of such reimbursement.
- Unless MBlades has offered to collect the goods himself, the Customer shall send back the goods or hand them over to MBlades or to a person authorised by MBlades to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to MBlades. The deadline shall be met if the Customer sends back the goods before the period of 14 days has expired.
- The Customer shall bear the direct cost of returning the goods to MBlades.
- The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The right of withdrawal shall not apply if the goods are made to the Customer’s specifications or clearly personalised.
How are the goods delivered?
- Goods shall be delivered on the address that the Customer has provided to MBlades. Any delivery times provided by MBlades are indicative.
- Unless agreed on otherwise, goods shall be delivered EX Works, meaning that the Customer incurs the risks for bringing the goods to their final destination. In case MBlades loads the goods at its premises on behalf of the Customer, he does so at the Customer’s risk and costs.
What about defects and damages?
- Any defects / damages must be reported to MBlades as soon as possible and in any event within 2 months after the Customer knew about the defect / damage. If the Customer fails to do so, it cannot claim repair of the goods, substitution of the goods or damages.
- Should the defect or damage result from a manufacturing error, the Customer will be provided with a repair kit and or instructions free of charge in case of minor damage or offered the possibility of sending the goods back for free repairs in case of a major malfunction.
- If the damage of the goods occurs due to improper use, improper handling or modification, the goods are not subject to free repairs. Should the Customer wish to repair the goods, MBlades may charge for the repair service. The price shall be established upon inspecting the goods.
- If the Customer wishes to send the goods for repairs, they are obliged to inform MBlades prior to shipping the goods.
- In case of defects / damages to the goods the Customer is to ensure that the goods are properly repaired. It is expressly forbidden to use the SwinG if it is defective and/or damaged.
What about complaints?
- While we hope you are satisfied with the SwinG, in case of complaints you can reach us at
Of course, we are also happy to discuss complaints at our address in the Netherlands at Stadtlohnallee 29 (7595BS) Weerselo
Limitation of Liability
- The liability of MBlades is limited to the amount that it is insured for under the relevant circumstances.
Retention of Title
- The goods delivered by MBlades shall remain the property of MBlades, without prejudice to the transfer of the risk in respect of such goods to the Customer. This retention of title shall end and the goods shall be regarded as having become the property of the Customer only if and insofar as the Customer has paid MBlades all that which it owes.
Intellectual Property Rights
- The technology used when creating the SwinG is protected by intellectual property rights. These property rights are owned by MBlades and/or its affiliated companies. The Customer is not entitled to disassemble the SwinG for other purposes than maintenance. Under no circumstances is the Customer allowed to retro- or reverse engineer the SwinG and/or make copies of the SwinG.
In case of disputes
- The legal relation between MBlades and the Customer is governed exclusively the laws of the European part of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
- Disputes shall be submitted exclusively to the competent court of The Hague, the Netherlands. However, if you are a consumer and have your habitual residence in the EU, you may also bring a claim to enforce your consumer protection rights in connection with the Terms and Conditions in the EU Country in which you live.