Terms of Service

These Terms of Service (“Terms”) govern the contract between you and M-Sport Equipment Ltd (“we”, “us”) for the sale of goods and the provision of the membership service through the NextBaller storefront. They are written to be transparent and intelligible in line with Article 5 of Directive 93/13/EEC on unfair terms in consumer contracts.

Nothing in these Terms limits or excludes the protection you enjoy under the mandatory provisions of your country of habitual residence (Article 6(2) of Regulation (EC) No 593/2008, “Rome I”) or under the Consumer Rights Directive 2011/83/EU, the Sale of Goods Directive (EU) 2019/771, or the Digital Content and Digital Services Directive (EU) 2019/770.

1. Trader identity

2. Eligibility and membership

NextBaller is an invite-only members' club. To register, you must be at least 18 years old and a natural person acting for purposes outside your trade, business, craft, or profession (a “consumer” within the meaning of Article 2(1) of Directive 2011/83/EU). Access to the shop requires both a valid invite and an active subscription.

3. The service

We provide you with two things:

• The membership subscription — a recurring digital service that unlocks access to members' pricing, the shop catalogue curated for you, and store-credit issuance. This is a “digital service” within the meaning of Article 2(2) of Directive (EU) 2019/770.
• The sale of goods — individual product orders placed through the shop. Each order is a separate contract of sale governed by the relevant provisions of Directive (EU) 2019/771.

4. Conclusion of the contract

A sales contract is concluded when you click “Place order and pay €X” at checkout (where €X is the order total shown on the button) and we confirm receipt of your order. This wording is an unambiguous formulation expressing the obligation to pay, as permitted by Article 8(2) of Directive 2011/83/EU. A subscription contract is concluded when you complete the Stripe checkout for the membership plan after ticking the required express-consent boxes.

Promptly after contract conclusion, and in any event no later than at the time of delivery of the goods, we send you a confirmation on a durable medium (the order confirmation e-mail) carrying the disclosures listed in Article 6(1) of Directive 2011/83/EU. Keep that e-mail: it is your contract confirmation for statutory purposes.

5. Prices, taxes, and payment

All prices are displayed in euro (EUR), as final consumer prices including value-added tax (VAT) at the applicable rate. Shipping costs are shown separately at checkout before you confirm the order. The currency of the contract is euro.

Payment is processed by Stripe. Accepted methods are shown at checkout. For card payments, the charge is authorised immediately; for orders containing “on request” items the charge is captured only after we confirm availability, within the Stripe authorisation window stated at checkout. Subscription fees are charged on a recurring monthly basis to the payment method on file until you cancel.

No surcharge. We do not apply any surcharge to consumer card payments, Apple Pay, Google Pay, or any other accepted payment method, in line with Article 62(4) of Directive 2015/2366 (PSD2) and the Interchange Fee Regulation (EU) 2015/751. The price you see at checkout is the price you pay.

Strong customer authentication. Under Articles 97–98 of Directive (EU) 2015/2366 (PSD2) and the related Regulatory Technical Standards, your card issuer or wallet may require an additional verification step (for example a 3-D Secure prompt, a one-time code, or a banking-app confirmation) to authorise some payments. Failure to complete this step will cause the payment to be declined by your issuer; we have no ability to bypass it.

A VAT invoice meeting Article 226 of Directive 2006/112/EC is issued once payment is captured and is downloadable from your account.

6. Delivery of goods

Orders are shipped from Cyprus. The available shipping methods, the carrier, any pickup-point options, and the expected delivery timing are shown at checkout and restated in the confirmation e-mail. Unless otherwise agreed, we deliver within 30 days of order confirmation as required by Article 18(1) of Directive 2011/83/EU.

Risk of loss or damage to the goods passes to you when you, or a third party other than the carrier indicated by you, acquire physical possession (Article 20 of Directive 2011/83/EU). If delivery fails through our fault, you have the remedies set out in Article 18(2) of that Directive, including termination of the contract and reimbursement.

7. Right of withdrawal

For sales of goods, you have a statutory right to withdraw from the contract within 14 days of acquiring possession, without giving any reason. The full notice, the statutory exceptions, and the Annex I(B) model form are published at /withdrawal. You can also exercise the right in-app from the order detail page; we acknowledge the exercise by e-mail as required by Article 11(3) of Directive 2011/83/EU.

For the membership subscription (digital service), the right of withdrawal does not apply where performance has begun with your prior express consent and your express acknowledgement that the right is thereby lost (Article 16(m) of Directive 2011/83/EU). We collect that consent on the subscribe page and record the timestamp with Stripe.

8. Legal guarantee of conformity

Goods sold to you carry a minimum two-year legal guarantee of conformity under Article 10 of Directive (EU) 2019/771. The goods must, at the time of delivery and for the two years that follow, match the description, quantity, and quality agreed, be fit for the purposes for which goods of the same type are normally used, and come with any accessories, instructions, and updates you would reasonably expect.

This statutory guarantee applies in addition to any commercial warranty offered by the manufacturer.

9. Remedies if goods are not as they should be

If the goods are not in conformity with the contract, Article 13 of Directive (EU) 2019/771 gives you, in the following order:

1. The right to have the goods brought into conformity by repair or replacement, at your choice, free of charge and within a reasonable time.
2. A proportionate price reduction or termination of the contract if repair or replacement is impossible, disproportionate, or not completed within a reasonable time; if the lack of conformity is serious; or if we refuse or fail to bring the goods into conformity.

To exercise these remedies, contact us at the address above. You do not lose these rights by also exercising the 14-day right of withdrawal on an unrelated basis; they are independent statutory protections.

10. Membership: performance, updates, changes

Under Article 8 of Directive (EU) 2019/770, the membership must be in conformity with the contract throughout its duration. We will supply the updates (functional or security) necessary to keep the service in conformity for the period you would reasonably expect.

You may cancel the subscription at any time from Account → Membership; the membership remains active until the end of the paid period then ends without further charge. We may, in accordance with Article 19 of Directive (EU) 2019/770, modify the service beyond what is necessary for conformity only with a valid reason and reasonable prior notice to you, and only with the right for you to terminate free of charge if the modification negatively and not-only-minorly affects your access.

10.1 Pausing your membership

As an alternative to cancelling, you may pause an active membership from Account → Membership. While paused, billing is suspended and access to members-only features (including the ability to redeem store credit at checkout) is suspended for the same period; previously-issued store credit continues to expire on its original 12-month FIFO schedule (clause 11.3) and is not extended by the pause.

The following limits apply to pausing, to keep the feature usable for occasional breaks rather than as an indefinite freeze on the contract:

• each individual pause is between 14 and 90 days;
• cumulative pause time in any rolling 365-day window may not exceed 90 days;
• at least 30 days of active paid membership are required between consecutive pauses;
• memberships in past-due, cancelled-grace, or closed lifecycle states are not eligible to pause.

You may resume early at any time. If you do not resume earlier, the pause ends automatically on the planned end-date.

Price changes to an open-ended subscription are communicated to you by e-mail at least 30 days in advance and take effect only if you do not cancel before the new price takes effect.

11. Member credit and conditional discounts

The membership issues store credit to your account for use against future orders. Credit is issued under the following programmes, all forming part of the membership benefits package:

• a one-off join bonus on your first paid invoice;
• a recurring monthly subscription credit issued on every paid invoice;
• promotional credits, currently:
  • Birthday — €15 issued in your birthday month if you are an active or paused member and have set your birthday month in Account → Profile;
  • Anniversary — €25 at the 12-month and 24-month milestones of an active or paused subscription;
  • Refer-a-friend — see clause 11.4 below.
  Promotional credits follow the same 12-month FIFO expiry as other credits and are subject to the per-item discount cap below.
• Tier-boost credit — a monthly bonus that scales with your member tier (see clause 11.6).
• Achievement rewards — one-time credits issued when you unlock specific badges (see clause 11.7).

Credit applies automatically at checkout to reduce the cash you pay for an order, subject to a per-item cap that prevents goods from being sold below their cost floor. Credit is held in cents in your account; partial application across items is supported.

11.1 Conditional discount nature

All credit issued under this clause 11 — the join bonus, the monthly subscription credit, promotional credits, tier-boost credit (clause 11.6) and achievement rewards (clause 11.7) — is a conditional discount offered in connection with an active NextBaller subscription. None of it constitutes gifts, vouchers, prepaid funds, or sums redeemable for cash. The value depends on the continued performance of the subscription contract.

If the subscription contract is withdrawn within the 14-day cooling-off period under Directive 2011/83/EU:

1. any unredeemed credit balance is voided (not refunded as cash);
2. for credit already redeemed on a shipped order that you elect to keep, NextBaller may, at its sole discretion, either (i) treat the order as standing and the credit as earned by virtue of the subscription start, with no clawback (default behaviour); or (ii) where you also exercise the order cooling-off right and return the goods, offset the goods refund by the unearned discount value, refunding only what you actually paid in cash.

The 14-day order cooling-off right under Directive 2011/83/EU remains intact and unaffected by this clause; what changes is the treatment of the discount portion, not your right to return goods.

11.2 Order refunds where credit was applied

When an order on which credit was applied is fully or partly refunded outside the subscription cooling-off scenario above:

• the cash portion of the refund returns to your original payment method;
• the credit portion is restored pro-rata to your balance, with its original expiry date preserved (it is not reset or extended);
• for partial refunds, the restored credit is computed as: original credit applied × (refund amount ÷ order total).

If a refund is processed after a credit’s original expiry date through no fault of yours (for example an administrative correction), we re-issue that credit portion with a new 12-month expiry so that you are not double-penalised.

11.3 Credit expiry and cancellation outside cooling-off

Credit issued to you carries a 12-month expiry from the issuance date and is consumed in first-in-first-out order (oldest first). Expired credit is removed from your spendable balance. There is no balance cap.

If you cancel the subscription after the 14-day cooling-off window, your unredeemed credit balance remains usable until the end of the paid period (after which the account closes) or the credit’s individual expiry date, whichever comes first. Credit already redeemed on shipped orders is unaffected by cancellation.

11.4 Refer-a-friend programme

Each member receives a personal referral code. When a friend signs up using your code, becomes a paid subscriber, and places their first qualifying order, you receive store credit on the conditions set out below. The programme is currently available to members resident in Cyprus only.

The programme rewards the sender only. The receiver does not earn a referral-specific bonus; if eligible, they join on the standard new-member onboarding offer described above in clause 11 (join bonus and monthly subscription credit), independent of whether they used a referral code.

Eligibility

A personal referral code is generated for your account automatically when you complete signup. Payout of the sender reward additionally requires that, at the time the receiver’s qualifying order ships, you hold an active or paused NextBaller subscription. If your subscription has closed before that moment, the pending referral does not pay out. The receiver must be a paying NextBaller member at the time their qualifying order is placed.

Sender reward — €15 store credit on qualifying ship

If a friend signs up using your code and places a qualifying order whose total at checkout (after shipping) is at least €60, we issue you €15 store credit at the time their order ships. The credit appears in your account balance immediately on ship and is subject to the per-line discount cap (clause 11.1) and the 12-month FIFO expiry (clause 11.3).

Clawback of sender reward

The €15 sender credit is subject to reversal in three cases:

1. the receiver’s qualifying order is fully refunded (full return of all items);
2. the receiver’s qualifying order is cancelled before fulfilment completes; or
3. an anti-fraud review concludes that the referral was placed in breach of these terms (for example, address-sharing between sender and receiver).

A partial refund does not reverse the credit, even if the net retained value of the receiver’s order falls below €60 — the qualifying order did occur. A reversal is applied silently to your store-credit balance; you can see the movement in your account history. If the credit has already been spent, the reversal is recorded against your account and applied against future credit under clause 11.1’s conditional-discount mechanic.

Programme limits

• One referral per receiver, ever (the receiver can only redeem one inbound code in their lifetime on NextBaller).
• A referral remains claimable for 90 days from issuance; if the receiver does not subscribe and place a qualifying order within that window, the referral expires unredeemed.
• Each sender is subject to a lifetime cap on paid referrals that scales with their member tier: NEXTBALLER One and Two — 10 paid referrals lifetime; NEXTBALLER Three — 15; NEXTBALLER Elite — 20; NEXTBALLER Forever — 25. At the moment a referral becomes payable, the cap applicable to your tier at that moment is checked; payouts that would exceed it are declined. Reaching a higher tier raises the cap for future referrals but does not revive previously declined ones.
• Self-referral, address sharing between sender and receiver, and other patterns indicative of abuse are flagged for review and may be rejected. We retain discretion to refuse a payout where abuse is suspected.
• The sender reward is a conditional discount under clause 11.1, not a gift or voucher, and is not redeemable for cash.
• Material changes to the programme’s economics are announced by e-mail at least 30 days in advance (consistent with clause 15). Referrals that have been claimed before a change takes effect continue under the economics in force at the moment of claim.

What your referrer can see

If you sign up using a friend’s referral code, your full name and a partially-masked e-mail address (for example, “matic@…example.com”) appear in your friend’s referral dashboard so they can see whether their referrals have completed and qualified for payout. Your physical address, payment details, order contents, and any other personal data are never shown to your referrer. See the privacy notice for the legal basis and your rights.

11.5 Member tiers

NextBaller membership has five tiers — NEXTBALLER One, Two, Three, Elite, and Forever — that recognise tenure with the programme and cumulative engagement. Your current tier is shown in Account → Membership.

Qualification operates on a dual-path basis. Whichever path produces the higher tier at the moment of evaluation is the tier you hold:

• Tenure path — months of paid subscription tenure combined with the number of qualifying paid orders (orders with a gross value of at least €60 in the statuses paid, shipped, or delivered).
• Spend path — your lifetime cash spent on orders, being the portion of order totals paid in cash after any store credit applied, summed over all paid, shipped, and delivered orders.

Tier is recomputed nightly from your account data; promotions and demotions are reflected on your dashboard within 24 hours of the triggering event. Tier may move down as well as up if your underlying numbers fall — for example, if a refund reduces your lifetime cash spend below a threshold. Tier-boost credit (clause 11.6) and achievement rewards (clause 11.7) already issued are not clawed back on demotion; they remain redeemable subject to clauses 11.1 and 11.3. The lifetime referral-cap rule in clause 11.4 references the tier you hold at the moment a referral becomes payable.

The thresholds in this clause are economics of the programme and may be revised on 30 days’ notice in accordance with clause 15. Any tier you have already attained at the moment a change takes effect is preserved for the remainder of the calendar month in which the change is made; the new economics apply to qualification thereafter.

11.6 Tier-boost credit

When the nightly recompute places you in a paying tier (NEXTBALLER Two or above), NextBaller issues a monthly tier-boost credit in addition to the standard €10 monthly subscription credit. The boost amount scales with your tier:

• NEXTBALLER One — no boost;
• NEXTBALLER Two — €2 per month;
• NEXTBALLER Three — €5 per month;
• NEXTBALLER Elite — €8 per month;
• NEXTBALLER Forever — €8 per month.

Tier-boost credit is issued at most once per calendar month per account and only in months in which you hold a paying tier. It is a conditional discount under clause 11.1, follows the same 12-month FIFO expiry as other credits (clause 11.3), and is subject to the per-line discount cap. If your tier changes mid-month, the boost already issued for that month is not adjusted; the next month’s boost reflects your then-current tier.

11.7 Achievement rewards

NextBaller maintains a catalogue of achievement badges — milestones you can unlock through your activity on the programme. Each achievement is awarded once per account, ever, and where the achievement carries a credit reward, the corresponding credit is issued atomically when the badge is awarded.

The current catalogue, with reward values:

• First Pair — €5 — your first shipped order;
• Squad Founder — €5 — your first paid referral (a referral that has met the payout conditions in clause 11.4);
• Pass to a Mate — €5 — a paid referral placed within the first 30 days of your subscription;
• Founders Club — no credit reward — issued by NextBaller to members of the launch cohort as a non-monetary recognition;
• Boot Collector — €10 — €500 cumulative cash spent on orders;
• Train Hard — €10 — four paid orders within any rolling six-month window;
• Squad Captain — €25 — five paid referrals.

Achievement rewards are conditional discounts under clause 11.1, subject to the per-line discount cap, and follow the 12-month FIFO expiry of clause 11.3. They are not gifts, vouchers, or sums redeemable for cash. A reduction in the underlying activity after an award (for example, a refund that reduces your cumulative cash spent below the Boot Collector threshold) does not revoke an award already made.

NextBaller may add, retire, or rebalance achievements on at least 30 days’ notice by e-mail to active members, consistent with clause 15. Achievements already awarded under a then-current catalogue are not retroactively revoked or revalued.

12. Our liability

We are liable to you for damage caused by our wilful misconduct and negligence in accordance with Cypriot law. Nothing in these Terms limits or excludes:

• liability that cannot be limited or excluded under applicable law (including, without limitation, liability for personal injury, death, fraud, or gross negligence);
• your statutory rights under Directive (EU) 2019/771 or Directive (EU) 2019/770;
• the mandatory protection of your country of habitual residence (Article 6(2) Rome I).

Subject to the above, our liability for foreseeable losses arising from a single contract of sale is limited to the price you paid for that contract. For indirect or consequential losses that were not reasonably foreseeable by both parties at the time of contracting, we are not liable. This clause does not displace or limit any right that Annex I of Directive 93/13/EEC presumes unfair.

13. Complaints and dispute resolution

If you have a complaint, please write to info@m-sportsolutions.com. We aim to acknowledge complaints within 48 hours and resolve them within 14 days.

If the dispute cannot be resolved with us directly, you may use:

• the European Commission's Online Dispute Resolution platform under Regulation (EU) 524/2013;
• an alternative dispute resolution (ADR) entity listed by the Cyprus Consumer Protection Service under Directive 2013/11/EU;
• the competent consumer-protection authority in your country of habitual residence.

We are not currently committed to using a specific ADR entity but will consider any reasonable proposal you make in writing.

For the single point of contact covering product-safety notifications, data-protection enquiries, and consumer-dispute referrals, see our Legal and safety contact page.

14. Governing law and jurisdiction

These Terms and any contract formed under them are governed by the laws of the Republic of Cyprus. This choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence (Article 6(2) Rome I).

Under Article 18 of Regulation (EU) 1215/2012 (Brussels Ia), as a consumer you may bring proceedings against us either in the Cypriot courts or in the courts of the EU Member State where you are domiciled. Proceedings against you may be brought by us only in the courts of the Member State where you are domiciled.

15. Changes to these Terms

We may amend these Terms to reflect changes in the law, our service, or the platform. Material changes are announced by e-mail and by a notice on the site at least 30 days before they take effect. If you disagree with a material change, you may cancel your subscription and close your account before the change takes effect without any additional cost.

16. Contact and notices

All notices to us should be sent in English to the contact above. We will send notices to you at the e-mail address on your account. You are responsible for keeping it current.

17. Related documents

• Privacy policy
• Right of withdrawal and model form
• Accessibility statement