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

M-Sport Equipment LtdEleftherias 77 Shop No. 1, 7102 Aradippou, CyprusVAT CY10442302YReg. HE 454228E-mail: info@nextballer.eu

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. Three types of credit are issued:

  • 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.

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

The join bonus, the monthly subscription credit, and any promotional credits are conditional discounts offered in connection with an active NextBaller subscription. They are not gifts, vouchers, prepaid funds, or redeemable for cash. Their 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 active member receives a personal referral code. When a new member signs up using your code, becomes a paid subscriber, and places their first qualifying order, both of you receive store credit on the conditions set out below. The programme is currently available to members resident in Cyprus only.

Receiver reward — €15 store credit on first paid month

If you sign up using a friend’s referral code and become a paying NextBaller member, we issue €15 store credit to your account when your first paid subscription month settles. The credit applies to any future order on the storefront subject to the per-line discount cap (clause 11.1) and the 12-month FIFO expiry (clause 11.3). One referral reward per account, ever. If you cancel within the 14-day cooling-off window, the credit follows the conditional-discount treatment in clause 11.1.

Sender reward — €15 store credit after qualifying order

If a friend signs up using your code, you receive €15 store credit 14 days after their first qualifying order ships. A qualifying order is a single order whose total at checkout (after shipping) is at least €60. The 14-day delay is an anti-abuse window; the reward is paid at the end of it unless the order has been returned, refunded, or flagged for fraud review in the interim.

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 may earn up to 10 paid referrals in any rolling 12-month window. Additional successful referrals beyond this cap do not pay out.
  • 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.
  • Both rewards are conditional discounts under clause 11.1, not gifts or vouchers, and are not redeemable for cash. The economics may be tuned with reasonable prior notice.

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@nextballer.eu. 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

Last reviewed: April 2026