Terms of sale: participants

Terms of sale: runners

Article 1. Purpose and scope

These terms of sale (the "Terms") apply to purchases made by consumers (the "Customer") on the finishers.com website, its mobile versions and its applications (the "Platform"), published 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").

They govern:

• registrations for Events sold by Finishers on behalf of their Organiser (Article 14);
• Bibs sold by Finishers in its own name (Article 15).

The resale of Bibs between participants, the sale of photos on Finishers Memories and the Finishers online shop are governed by their own terms of sale (Article 16).

The Terms relate only to the sale of products and services, and in no way to the Event itself, which takes place under the sole responsibility of its Organiser. The Platform's terms of use, the Event rules set by its Organiser (the "Rules") and, where applicable, the terms of the third-party sellers indicated during the order also apply. Placing an order constitutes full acceptance of the Terms and the Rules.

Organisers and businesses are bound by Finishers' own terms of sale applicable to them, published on legal.finishers.com.

Article 2. Definitions

• Customer: the natural person who places an order on the Platform, as a consumer.
• Participant: the person registered for an Event, who may be the Customer or a person on whose behalf the Customer orders.
• Event: the race, competition or sporting event to which the order relates.
• Organiser: the person or entity that organises the Event and sets its Rules.
• Bib: the right to take part in a race of an Event, personal and nominative, whatever its form.
• Service Fees: the fees received by Finishers in return for its services, in addition to the price set by the Organiser or the seller.

Article 3. Role of Finishers

The seller is identified before the order, in particular in the Rules, which name the Organiser, and on the Event page. Depending on the service:

• for registrations, the Organiser is the seller. Finishers acts as an intermediary, in the name and on behalf of the Organiser;
• for Bibs sold by Finishers, Finishers is the seller of the Bib, which it has acquired from the Organiser with its authorisation.

In all cases, the Organiser is solely responsible for the Event, including how it is run, its safety, its Rules, the conditions of participation and the validation of registrations. Finishers has no decision-making power over a Participant's access to the Event, which rests solely with the Organiser.

Finishers does not sell package travel. Accommodation, transport or other services associated with an Event are sold by the Organiser or by a third party, identified during the order or to whom the Platform redirects the Customer.

Article 4. Capacity and ordering for another person

The Customer must be of age and have legal capacity to contract. A minor may only be registered by their legal guardian, who orders on their behalf and accepts the Rules in their name, including any required parental authorisation.

A Customer who orders for another Participant declares that they have that person's authorisation, passes on to them the Rules, the Terms and the information about the Event, and is responsible for the accuracy of the information entered for them.

Article 5. Orders

5.1 Steps. Orders are placed in real time on the Platform. Orders sent by e-mail or post are not accepted. The Customer selects the Event, the race and, where applicable, the options offered, then enters the information requested. A summary allows the Customer to check the order, its total price and, where applicable, the Service Fees, and to correct any errors before paying. Until payment is made, the order is not final and does not constitute a reservation. The order is placed when the Customer clicks the payment button, after ticking the box by which they declare that they have read and accept the Terms and the Rules.

5.2 Confirmation. The order is firm and final once payment has actually been collected. The Customer receives a confirmation e-mail summarising the order, from Finishers or its ticketing provider. This e-mail may be delayed, in particular at times of high demand, or filtered by the Customer's inbox: its absence or delay does not affect the validity of a paid order. A Customer who has not received it within 48 hours checks their personal area or contacts Finishers' customer service before placing any new order. Every paid order is firm, including where the Customer places several orders for the same Participant or the same Event, by mistake, out of doubt as to whether a previous order went through, or by also registering with the Organiser or through another channel: such orders are not refunded. Only multiple debits for a single order resulting from a technical error, with no additional place allocated, are refunded. Finishers may, purely as a commercial gesture and without any obligation, cancel a duplicate order reported promptly, as long as the registration has not been passed on to the Organiser, after deduction of the Service Fees. The Customer is responsible for checking the e-mail address provided and their inbox, including spam folders. The confirmation is not an invoice.

5.3 Availability and refusal. Registrations and Bibs are offered subject to availability, in real time. Finishers or the Organiser may refuse or cancel an order in the event of fraud or suspected fraud, an obvious pricing error, non-compliance with the conditions of participation or the impossibility of registering the Participant for the Event, with a refund of the sums paid where the Customer is not at fault.

At times of high demand, the availability displayed is indicative and places are allocated in the order in which payments are actually collected. Being placed in a queue, adding to the basket or starting a payment does not guarantee a place. Baskets are reserved for a limited time: once it expires, the places are put back on sale. Where a payment, even if shown as accepted, is ultimately not collected, the order is deemed never to have been placed, no place is reserved and Finishers owes no compensation.

5.4 Evidence. The data recorded in the systems of Finishers and its providers constitute evidence of orders, acceptances and payments, unless proven otherwise.

Article 6. Prices and Service Fees

Prices are stated in euros, including all taxes, and are payable in euros. The registration price is set by the Organiser, and the price of Bibs sold by Finishers is set by Finishers. Different rates may be offered according to the categories set by the Organiser or by Finishers. Service Fees, whose amount or method of calculation varies by Event and service, are shown separately before payment and included in the total price. The applicable price is the one displayed at the time of the order.

Some orders allow the Customer to add options or products offered by the Organiser or third parties, including cancellation insurance, meals, equipment or services. The seller, insurer or provider of each is indicated during the order. Its own terms apply, including those relating to warranties, delivery, withdrawal and refunds, and Finishers is neither the seller nor the provider. Any customs duties and local taxes relating to delivery outside the European Union are borne by the Customer.

Promotional offers, pre-sales, flash sales and other commercial operations, including on Black Friday, are valid for their stated duration and quantities. Registrations and Bibs purchased under such offers are subject to the Terms without exception: they are neither refundable nor exchangeable, except only in the cases provided for in Articles 5.3, 11 and 15, and give no right to a refund of any price difference in the event of a later price reduction or a more favourable offer. The specific conditions shown on the offer page supplement the Terms.

Article 7. Payment

Confirming the order creates an obligation for the Customer to pay its price. Payment is made online, using the payment methods offered during the order. It is processed by an authorised payment service provider, which secures the bank details: for registrations, the provider associated with the ticketing solution used, which collects the sums on behalf of the Organiser; for Bibs sold by Finishers, the provider chosen by Finishers. Finishers has no access to card details.

Finishers is not liable for refused, rejected or failed payments, including those due to strong customer authentication, card limits, the Customer's bank or the unavailability of the payment provider. Where a payment is not collected, any temporary authorisation visible on the Customer's account is released by their bank according to its own timescales.

In the event of a refused payment, an abusive stop or an unfounded payment dispute, the registration or Bib concerned may be cancelled and the Customer's access to Finishers' services suspended, without prejudice to the recovery of the sums due and costs incurred.

Article 8. No right of withdrawal

Registrations and Bibs allow participation in an Event and are leisure activity services provided on a specific date or during a specific period. Under Article L. 221-28 of the French Consumer Code, according to which "the right of withdrawal may not be exercised for contracts: [...] 12° for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or during a specific period", they are not subject to any right of withdrawal. Consequently, every order is firm and final, subject only to the refund cases provided for in Articles 5.3, 11 and 15.

Options and products sold by the Organiser or by third parties remain subject to their own withdrawal rules, as indicated by their seller.

Article 9. Participation file and access conditions

9.1 Completing the file. The Customer completes the Participant's file within the deadline set by the Organiser or, failing that, no later than 30 days before the Event, and provides the documents required by the Rules, including a licence, medical certificate, Parcours Prévention Santé certificate or parental authorisation. The Organiser may request certain information before that date, and the Customer may then be contacted by e-mail, text message or telephone. The information entered is recorded immediately and passed on to the Organiser, which alone validates registrations and checks documents. The Customer warrants that it is accurate and complete. Any failure may make it impossible to take part in the Event, without recourse or refund.

9.2 Changes to the file. Requests to change a completed file are sent to Finishers' customer service. They are processed subject to technical and organisational feasibility, the Organiser's agreement and the time available, without any guarantee of result. Finishers is not liable if a change cannot be made, which gives rise to no refund or compensation.

9.3 Start waves and corrals. At the Organiser's request, the Platform may collect a reference time or preferred corral, which is passed on to the Organiser to organise the start waves. Corral allocation is solely the Organiser's decision, even where the Participant has provided supporting documents. If no information is provided, a corral is allocated automatically. The Organiser's decision is final and may not be the subject of any claim against Finishers.

9.4 Compliance with the Rules. A Participant who does not comply with the Rules or the Organiser's instructions may be refused access to the Event or excluded from it, without being entitled to a refund of their order.

9.5 Steps to be taken by the Participant. Where registration must be completed by the Participant, in particular by means of a link, code or form of the Organiser, including after a pre-sale made before registrations officially open, that link or code is sent by Finishers or by the Organiser to the e-mail address provided when ordering, according to the Organiser's timetable. The Participant is responsible for monitoring their inbox, including spam folders, and for completing their registration within the deadline indicated. If nothing has been received within 7 days of the announced sending date or, failing that, of the official opening of registrations, the Participant informs Finishers' customer service, which resends the details or liaises with the Organiser. If registration is not completed within the deadline indicated, or the issue is not reported within the above period, the Participant may lose the benefit of their registration, without refund. Finishers is not liable for non-receipt due to an incorrect e-mail address, filtering of the Participant's inbox or a sending made by the Organiser.

Article 10. Cancellation by the Customer

If the Customer cancels, or if the Participant is physically or materially unable to take part in the Event or to benefit from all or part of the products and services ordered, for whatever reason, including injury, illness, pregnancy, work or family commitments, a strike or transport disruption, travel restrictions, a travel advisory, an armed conflict or a geopolitical situation affecting the Participant's journey or stay, no amount is refunded as long as the Event goes ahead, unless the Rules provide otherwise or a cancellation guarantee has been taken out with the Organiser or an insurer. Travel, accommodation and other costs incurred by the Participant to attend the Event remain the Participant's responsibility in all cases.

Finishers or the Organiser may, purely as a commercial gesture and without any obligation, grant a refund, a credit or a change of holder in certain situations. Any such gesture is assessed case by case, does not constitute an admission of liability and creates no right for other orders or other Participants. Where the Organiser allows it, the Customer may resell their Bib through the resale service referred to in Article 16, or transfer it to another holder under the conditions set by the Organiser.

Article 11. Cancellation, postponement or change of the Event

For registrations, the consequences of a cancellation, postponement or change of the Event, whatever the cause, including force majeure or an administrative decision, including any refund, credit or carry-over of the registration, are those set by the Rules and the Organiser's terms, and the Organiser alone is liable for them. Finishers passes on to the Customer the Organiser's information and decisions. For Bibs sold by Finishers, Article 15 applies.

Service Fees remunerate a service already provided and are not refunded, unless the cancellation is attributable to Finishers.

Before travelling to the Event, the Customer checks that it is going ahead and consults the latest information published by the Organiser.

Article 12. Customer service and complaints

Finishers' customer service can be reached using the Platform's contact form or at contact@finishers.com. Complaints relating to the Event itself, its Rules or the validation of registrations are forwarded to the Organiser, or sent by the Customer directly to it.

Article 13. Liability

Under Article L. 221-15 of the French Consumer Code, Finishers is automatically liable to the Customer for the proper performance of the obligations arising from the contracts the Customer enters into with it, unless the failure is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.

Finishers is not liable for the organisation, running or safety of the Event, for compliance with the announced organisation, for the Organiser's decisions, or for products and services sold by the Organiser or by third parties. As the Organiser is the sole holder of information about the Event, Finishers reproduces it as accurately as possible and passes on to the Customer, as soon as possible, the information the Organiser provides, including a postponement, a change of schedule or a change of route. Only the information published by the Organiser is authoritative.

Nothing in the Terms limits the rights the Customer has under the law.

Article 14. Registrations sold on behalf of Organisers

Where Finishers sells a registration in the name and on behalf of the Organiser, the registration contract is concluded between the Customer and the Organiser, which is the seller and issues any invoices requested by the Customer. Payment is collected on behalf of the Organiser by the payment provider associated with the ticketing solution.

Finishers handles the online sale, the transmission of information and documents to the Organiser and first-level support for the Customer. Where registration must be completed on the website of the Organiser or its provider, the Customer follows the link sent to them. Where the Platform redirects the Customer to the Organiser's registration tool, the order is governed by the Organiser's terms.

Article 15. Bibs sold by Finishers

15.1 Sale. For certain Events, Finishers sells in its own name Bibs that it has acquired from the Organiser, with its authorisation. Finishers is then the seller and issues the corresponding invoice. Payment is collected by Finishers' payment provider. Finishers sets the price of these Bibs freely; it may differ from, and in particular be higher than, the price charged by the Organiser or through other channels, in return in particular for the availability of a Bib for an Event that is sold out or not yet open for registration. The Customer accepts this price by placing the order. A price difference with another channel gives rise to no refund or compensation.

15.2 Registration of the Participant. By placing an order, the Customer instructs Finishers to register the Participant for the Event with the Organiser, to send the Organiser the information and documents provided for that purpose, and to accept on the Participant's behalf the Rules and the Organiser's terms, which the Customer has accepted when ordering. The choices made by the Customer when ordering, including consent to receive communications from the Organiser, are carried over unchanged. Where direct registration is not possible, Finishers sends the Participant the link, code or procedure to complete their registration, which they must follow within the deadline indicated. Otherwise, the Bib may be lost, without refund. The Participant is a full participant in the Event and must comply with its Rules. Where the Organiser does not allow the Participant to register for a reason not attributable to the Customer, Finishers refunds all sums paid.

15.3 Registration timing and list of entrants. The Participant's entry into the Organiser's registration system may be made at a later stage, according to the Organiser's procedures and timetable, and no later than before Bib collection. Provided the Participant is registered in time to collect their Bib and start the race, such timing does not constitute a failure by Finishers and gives rise to no refund or compensation. Depending on the method of entry, the Participant may not appear, or may appear late or in a different form, in the list of entrants or start list published by the Organiser, without affecting the validity of their registration. Finishers' confirmation e-mail is proof of the order. In case of difficulty, in particular at Bib collection, the Participant contacts Finishers' customer service, which liaises with the Organiser.

15.4 Change of holder. A Bib may be transferred to another holder under the conditions and within the deadlines set by the Organiser, on request to Finishers' customer service.

15.5 Postponement or change of the Event. If the Event is postponed or changed, the Bib remains valid for the new date or the changed Event, and no refund is owed by Finishers. Where the Organiser offers a refund, a credit, a carry-over to another edition or a change of race, Finishers passes it on to the Customer on the same terms, up to the amounts and rights it obtains from the Organiser.

15.6 Final cancellation of the Event. Where the Event is cancelled with no new date, Finishers offers the Customer, at the Customer's choice, a credit, a carry-over to another edition or another race where the Organiser allows it, or a refund of the price of the Bib, excluding Service Fees unless the cancellation is attributable to Finishers. The refund is made within 30 days of Finishers being refunded by the Organiser, and no later than six months after the scheduled date of the Event.

Article 16. Services subject to their own terms

The following services are governed by their own terms of sale, presented to and accepted by the Customer at the time of purchase:

• the resale of Bibs between participants, offered on behalf of the Organiser, in which the seller is the participant reselling their Bib and Finishers acts as a technical intermediary;
• the sale of Event photos on Finishers Memories, of which the Organiser is the seller;
• the Finishers online shop, at shop.finishers.com.

These services may be offered under the identity of the Organiser or of Finishers, on dedicated pages or domains. Their terms prevail over the Terms. For these services, the Terms apply to the relationship between the Customer and Finishers only on points not covered by those terms.

Article 17. Personal data

Data collected when orders are placed are processed as described in Finishers' privacy policy and, for registrations, in that of the Organiser, on whose behalf Finishers then acts as a processor. The data passed on to the Organiser are those needed for the registration and management of the Event.

Article 18. Force majeure

Finishers is not liable for any failure caused by force majeure within the meaning of Article 1218 of the French Civil Code, i.e. an event beyond its control, which could not reasonably have been foreseen at the time of the order and whose effects cannot be avoided by appropriate measures, including:

• disruption of transport, supply or communication;
• natural disasters, such as earthquakes, fires, storms or floods, and exceptional weather conditions;
• war, riots, acts of terrorism, cyberattacks;
• epidemics and pandemics;
• administrative decisions, including those prohibiting or restricting gatherings;
• general failure of communication networks or payment providers.

Article 19. Changes to the Terms

Finishers may change the Terms at any time. The version applicable to an order is the one in force on the date of that order, published on legal.finishers.com.

Article 20. Governing law, complaints and mediation

The Terms are governed by French law, without prejudice to more protective mandatory provisions of the law of the Customer's country of residence.

In the event of a dispute, the Customer first sends a written complaint to Finishers at contact@finishers.com. If no solution is found, the 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. Failing an amicable settlement, the dispute is brought before the competent court under the ordinary rules.

Article 21. Miscellaneous

The Terms and the order form a single contract. If any clause is held invalid, the other clauses remain in force. Finishers' failure to rely on a breach does not constitute a waiver. The Terms are written in French. In the event of a translation, the French version prevails.