Terms of sale: shop

Terms of sale: shop

Article 1. Purpose and seller

These terms of sale (the "Terms") govern sales made on the online shop available at shop.finishers.com (the "Shop") by Finishers, a société par actions simplifiée with share capital of 32,624.90 euros, registered with the Lyon Trade and Companies Register under number 891 456 758, whose registered office is at 20 rue Lortet, 69007 Lyon, France ("Finishers"), to any person placing an order (the "Customer").

Customer service: contact@finishers.com, and by telephone on +33 (0)4 51 42 01 19, Monday to Friday, 9.30 am to 6 pm.

The Customer accepts the Terms by placing an order. The applicable version is the one in force on the date of the order, published on legal.finishers.com.

Article 2. Products

The Shop offers personalised posters, made individually for each Customer from the information they enter or select, including their name, race, distance, time, route, and the language and version chosen (the "Products").

The essential characteristics of each Product, including its dimensions, finishes and versions, are shown on its page. Images are illustrations: the final result, in particular colours, may differ slightly depending on the Customer's screen and the printing process, without this constituting a lack of conformity.

The Products are manufactured, printed and shipped by a printing provider chosen by Finishers, which remains the sole seller and solely responsible to the Customer.

Article 3. Personalisation

3.1 Information provided by the Customer. The Customer enters the personalisation information themselves and is solely responsible for it. Before confirming the order, the Customer carefully checks the spelling, figures, time, distance, language, version and format chosen, as well as the preview where one is offered. Confirming the order constitutes final approval of the personalisation.

3.2 Race data. Where certain data, in particular the time or ranking, are taken from the official results published by the race organiser or suggested automatically, the Customer checks their accuracy before confirming. Finishers is not liable for errors in the official results or in information provided by the organiser.

3.3 No changes after confirmation. As the Product goes into production as soon as the order is confirmed, the order can no longer be changed or cancelled, unless Finishers expressly agrees where production has not yet started.

3.4 Errors. An error or omission in the information provided, checked or confirmed by the Customer does not constitute a lack of conformity and gives rise to no refund or free replacement. Where the Product delivered does not match the information confirmed by the Customer, due to Finishers or its provider, Finishers replaces it free of charge.

3.5 Content and rights. The Customer warrants that the information they provide is accurate, lawful and does not infringe the rights of any third party. Finishers may refuse or cancel, with a refund, an order whose personalisation is unlawful, offensive or infringes a third party's rights.

Article 4. Orders

The Customer selects the Product, enters the personalisation, then provides their contact details and delivery address. A summary allows the Customer to check the order, the personalisation, the total price and delivery costs, and to correct any errors. The order is concluded when the Customer clicks the payment button. Finishers acknowledges receipt by a confirmation e-mail summarising the order, which may be delayed or filtered by the Customer's inbox without affecting the validity of the order.

Orders placed by a minor require the consent of their legal guardian. The data recorded by the Shop and the payment provider constitute evidence of orders and payments, unless proven otherwise.

Article 5. Prices and payment

Prices are stated in euros, including all taxes, excluding delivery costs. Delivery costs, which vary according to the Product and destination, are shown before the order is confirmed and are added to the price, unless free delivery is stated. The applicable price is the one displayed at the time of the order. A later price reduction or a more favourable offer gives rise to no refund of the difference.

The price is payable in full when ordering, using the payment methods offered. Payment is processed by the Shop's payment provider, and Finishers has no access to card details. Production only starts once payment has been collected.

Any discount codes offered may be used under the conditions stated when they are issued, and are not cumulative unless otherwise stated, refundable or exchangeable for cash.

Article 6. Delivery

6.1 Delivery area. Products are delivered to mainland France and to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Any order with a delivery address outside these countries may be cancelled, with a refund.

6.2 Lead times. As Products are made to order, the delivery time includes a production time. It is shown on the Product page and in the order confirmation and runs from collection of payment. If no time is indicated, delivery takes place no later than thirty days after the order. If it is exceeded, the Customer may, after requiring Finishers to deliver within a reasonable additional period, terminate the contract in writing if delivery has not taken place within that period, and obtain a refund of the sums paid, in accordance with Articles L. 216-6 et seq. of the French Consumer Code.

6.3 Address and receipt. The Customer is responsible for the accuracy of the delivery address. A parcel returned because of an incorrect or incomplete address, or not collected within the carrier's deadlines, may be reshipped at the Customer's expense. The Customer checks the condition of the parcel on receipt and reports any damage or missing product to customer service as soon as possible, with photos. This report does not affect their legal rights.

6.4 Multiple deliveries. An order containing several Products may be delivered in several parcels.

Article 7. No right of withdrawal

Under Article L. 221-28, 3° of the French Consumer Code, the right of withdrawal may not be exercised for the supply of goods made to the consumer's specifications or clearly personalised. The Products, made individually from information specific to each Customer, fall within this exception: no order may be withdrawn, returned or exchanged for personal convenience, including a change of mind, an error in the format or version chosen by the Customer, or an error in the information they provided.

Should the Shop offer non-personalised products, they would be identified as such on their page and would benefit from a fourteen-day right of withdrawal from receipt, with return costs borne by the Customer.

Article 8. Legal guarantees

Finishers is bound by the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code and by the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

The Customer has two years from delivery of the Product to invoke the legal guarantee of conformity if a lack of conformity appears. During this period, the Customer only needs to establish the existence of the lack of conformity, not when it appeared. The Customer may obtain repair or replacement of the Product or, failing that, a price reduction or termination of the contract, under the conditions laid down in those articles. As the Product is personalised, it is in principle brought into conformity by reprinting it.

A lack of conformity includes in particular a Product damaged in transit, defective printing or a Product that does not match the personalisation confirmed by the Customer. It does not include errors in the information provided or confirmed by the Customer, the slight differences in colour or rendering mentioned in Article 2, or the data taken from official results mentioned in Article 3.2.

A Customer wishing to invoke a guarantee contacts customer service at contact@finishers.com, stating their order number and attaching photos of the Product. The costs of any return requested in this context are borne by Finishers.

Information on the legal guarantee of conformity (translation for information; only the French text is authoritative)

The consumer has two years from delivery of the goods to invoke the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for more than two years, the legal guarantee applies to that digital content or digital service throughout the supply period. During this period, the consumer only needs to establish the existence of the lack of conformity affecting the digital content or service, not the date on which it appeared.

The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of the request, free of charge and without significant inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if: (1) the trader refuses to repair or replace the goods; (2) repair or replacement takes place after thirty days; (3) repair or replacement causes significant inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or the costs of installing the repaired or replacement goods; (4) the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until the restored goods are delivered.

The above rights result from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.

Article 9. Intellectual property

9.1 Finishers' rights. The visuals, layouts, maps, illustrations and graphic designs of the Products are the property of Finishers or its partners. Purchasing a Product grants the Customer a right of personal, non-commercial use. Any reproduction, digitisation for distribution or resale of the design is prohibited.

9.2 Official posters and other posters. Posters presented as "official" are made in partnership with the organiser of the race concerned, which authorises their production and the use of its names, trademarks and logos, which remain its property. Other posters depict a route, a city, a distance or race data for purely descriptive purposes. They do not reproduce organisers' trademarks or logos, are not made, endorsed or sponsored by them, and imply no connection between Finishers and the organiser of the corresponding event. Any reference to a city, route or event serves solely to identify the memory depicted.

The Shop's content, including its texts, visuals and databases, is protected. Its extraction or reuse, including by robots or to train an artificial intelligence system, is prohibited under the conditions set out in Finishers' terms of use.

Article 10. Liability

Finishers is automatically liable to the Customer for the proper performance of the order, in accordance with Article L. 221-15 of the French Consumer Code, unless the failure is attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to force majeure within the meaning of Article 1218 of the French Civil Code. The Shop may be temporarily unavailable, in particular for maintenance. Nothing in the Terms limits the rights the Customer has under the law.

Article 11. Personal data

Data collected when orders are placed are processed by Finishers to manage orders, production, delivery and customer service, as described in Finishers' privacy policy, published on legal.finishers.com. They are passed on to the printing provider and the carrier only to the extent necessary for production and delivery.

Article 12. Complaints, mediation and governing law

Any complaint is sent to customer service at contact@finishers.com. If no solution is found, a consumer Customer may refer the matter free of charge to the consumer mediator to which Finishers belongs: AME Conso, using the form available at www.mediationconso-ame.com or by post to AME Conso, 197 boulevard Saint-Germain, 75007 Paris, France, after first sending a written complaint to Finishers.

The Terms are governed by French law, without prejudice to more protective mandatory provisions of the law of the Customer's country of residence. Failing an amicable settlement, the dispute is brought before the competent court under the ordinary rules.

Article 13. Miscellaneous

If any clause is held invalid, the other clauses remain in force. Contracts are concluded in French. In the event of a translation, the French version prevails. The Customer may keep the Terms and their order by saving or printing them, as well as the confirmation e-mail.