Terms of sale: participants

Terms and conditions of sale

These terms and conditions of sale (the "Terms and Conditions") govern the relationship between FINISHERS, a simplified joint stock company (société par actions simplifiée) with a share capital of EUR 32,624.90, having its registered office at 39 rue Lieutenant Colonel Prévost - 69006 Lyon, France, registered in the Trade and Companies Register (Registre du commerce et des sociétés) of Lyon under number 891 456 758 ("FINISHERS") and the customer(s) (the "Customer(s)", or "you") using the booking service available on finishers.com (the "Website") or via the FINISHERS mobile application (the "Application").

FINISHERS acts as an intermediary for the sale of products and services (the "Products and Services") between the Customer and sports events organizers (the "Organizers") on behalf of the Organizers. Consequently, these Terms and Conditions apply only to the sale of the Products and Services, and not to the event itself (the "Event"), which takes place under the sole responsibility of its Organizer.

The Products and Services available for purchase on the Website are exclusively intended for private individuals. The Terms and Conditions apply solely to customers, as defined in the preliminary article of the French Code de la consommation, who are at least 18 years of age, acting on their own behalf, and possessing the legal capacity to enter into a binding contract.

The Terms and Conditions are brought to the attention of each Customer to enable them to place an order (the "Order") for Products and Services. Consequently, placing an Order implies the Customer's full and unreserved acceptance of the Terms and Conditions, as well as the Organizer’s policy for the Event (the “Policy”).

The Terms and Conditions and the Order form an indivisible contract (the "Agreement") and must be read together.

Prices of Products and Services

The price of the Products and Services offered by FINISHERS is indicated in euros and includes VAT at the rate applicable in France on the date of the Order. The price paid by the Customer includes the Organizer’s fee as well as registration fees. However, the price does not include delivery costs and any other special services that the Customer may have subscribed to.

Different rates may be offered to the Customer, depending on the Event and prices categories set by the Organizer or by FINISHERS.

Orders can only be paid in euros, regardless of their origin. Orders shipped to countries outside the European Union are not subject to the VAT rate applicable in France. However, customs duties, local taxes, import duties, or state taxes may be payable. These duties and sums are not the responsibility of the Organizer and must be paid by the Customer, who acknowledges having been informed of this.

FINISHERS is entitled to modify its prices at any time. However, the Products and Services will be invoiced based on the prices in effect at the time the Order was placed.

For certain Events, products and options may be added to your cart at the end of the ordering process, by ticking the corresponding boxes. The description and price of these products and options are specified in the cart summary during the Order. If you include in your Order a product or service offered by one of our partners (RunMotion, Assur Connect), it is specified that FINISHERS acts only as an intermediary in the sale of these products and options but is neither the seller nor the producer of said products and options. You hereby accept the products and options’ prices, as well as our partners’ terms and conditions of sale, accessible here:

• RunMotion: https://store.run-motion.com/cgv/
• Assur Connect: https://assur-connect.com/wp-content/uploads/2021/03/BeTicketing_CG_2021_FR-1.pdf

Order

Placing the Order

All Orders are placed in real time on the Website or Application. Orders sent by email or post will not be considered. You are informed in real time of the availability of the Products and Services when you place your Order.

You will have to create a FINISHERS account to place on Order. Placing an Order implies acceptance by the Customer of the Terms and Conditions and Privacy Policy.

When you place your Order, the order summary tab allows you to check that the selected Product and Services correspond to your requirements. This page only represents an Order in progress: the Order is not final and does not constitute proof of firm reservation until you have paid for the Product and Services. If the Products and Services are not to your liking, you may abandon the ordering process.

Order Validation and Confirmation

By clicking on the "Proceed to payment" link and ticking the "I declare that I have read and accept FINISHERS' general terms and conditions of sale" box, you accept the Order fully and without reservation, as well as the Terms and Conditions.

The data recorded by FINISHERS is authentic and constitutes proof of all transactions with Customers.

Once you have validated your Order, you will receive a confirmation email from FINISHERS or FINISHERS' payment service provider, that includes a summary of the Order and a payment receipt. You must finalize your registration for the Event by visiting the Organizer's website (or of a third-party service provider) via the link provided in the confirmation email.

Your Order is only definitively confirmed and binding on FINISHERS upon receipt of this confirmation email. You are therefore invited to provide a working e-mail address when placing your Order or creating your customer account, and to check your e-mail address when placing your Order.

Payment Terms

FINISHERS reminds you that validating your Order implies your obligation to pay the indicated price.

Only the payment methods indicated on the Website or Application when placing your Order will be accepted. These payment methods allow you to proceed immediately with the purchase of Products online.

FINISHERS has entrusted its payment system to Stripe, a service provider specializing in secure online payments. This payment service provider guarantees total confidentiality of your bank details, which are secured by a SSL protocol that systematically checks the validity of access rights when you pay with a credit card and encrypts all exchanges in order to guarantee confidentiality.

Personal Data

The personal data that is collected when placing your Order will be processed electronically. You may refer to the Privacy Policy for more information regarding data processing and protection.

Shipping and Delivery

Except for race bibs that are to be collected according to the Organizer’s Policy, the Products and Services you ordered will be delivered according to the terms and conditions applicable at the time of your Order.

Access Conditions

Organizers set specific Policies for the organization of their Events, which are fully applicable to the Customers. These Policies are communicated by FINISHERS to the Customer, who accepts them. It is the Customer's responsibility to finalize their registration and provide a valid medical certificate or any other document that may be required by the Organizer.

Any Customer who does not comply with the Policy or other specific provisions of the Organizer may be denied participation in the Event or may be expelled. In such case, the Customer is not entitled to a refund of their Order. It is specified that FINISHERS holds no authority over the access conditions of a Customer to an Event; such authority is solely vested in the Organizer.

Withdrawal Right, Cancellation and Refund

Withdrawal Right

In accordance with Article L. 221-28 of the French Code de la consommation, which states that: "The withdrawal right cannot be exercised for [...] services of accommodation other than residential accommodation, services of goods transport, car rentals, catering or leisure activities which must be provided on a determined date or period", the above-mentioned withdrawal right does not apply to Products and Services that allow Customers to participate in Events, as they constitute leisure activity services. Consequently, all Orders are firm and final.

Cancellation

If the Customer (i) cancels its participation, or (ii) is physically or materially unable to benefit from all or part of the Products and Services or to participate in the Event, no amount paid to FINISHERS in relation with the Products and Services will be refundable.

If the Event is canceled due to the Organizer’s doing or due to a force majeure event (as defined by applicable law), the Organizer's terms and conditions of sale will apply.

Before attending the Event, the Customer is advised to check the Organizer's website to make sure that the Event is still taking place.

Flexibility Option

The flexibility option, available for certain Events, allows the Customer to request a refund from FINISHERS for the amounts paid to register for an Event. The flexibility option ceases to be effective 30 days before the date of the Event, or within a shorter period if specified in the special conditions at the time of the purchase.

This service is optional. It must be subscribed to and paid for by the Customer at the time of registration.

The flexibility option can be exercised by the Customer without justification to FINISHERS.

Refunds will cover the price of the race bib, but will exclude the processing fees, the cost of the flexibility option, and any options subscribed to by the Customer for a fee, during the registration for the Event.

Refunds will be processed within 15 days from the time the Customer informed FINISHERS of their wish to activate the flexibility option.

Order Tracking

You may contact FINISHERS’ customer service, by our contact form.

File Validation: Specific Fields and Conditions

Completion of the registration file

The Client undertakes to complete their registration file no later than 30 days prior to the date of the Event. However, in order to ensure the proper organization of the Event, the Organizer reserves the right to request certain information before this deadline. If applicable, the Client may be contacted by email, SMS, and/or telephone.

The Client acknowledges that the information submitted through the participation form is recorded immediately and transmitted to the Organizer without undue delay. The Client undertakes to provide accurate and complete data. Failure to comply with this obligation may result in the Client being excluded from the Event, without any possibility of appeal, refund, or compensation.

Modification of the registration file after completion

Should the Client wish to modify their registration file after completion, a request must be submitted to FINISHERS’ customer service via the official contact form. However, no guarantee of modification is provided. FINISHERS shall not be held liable in the event a modification cannot be processed, and no refund or compensation shall be due.

All modification requests are subject to technical and organizational feasibility, and will only be considered if submitted within a reasonable timeframe prior to the Event.

Starting waves and starting boxes

At the Organizer’s request, FINISHERS may collect an estimated finish time from each participant. This information is shared with the Organizer to assist with the planning of start waves.

Starting boxe assignment is carried out exclusively by the Organizer, who remains the sole decision-maker, even if the participant has submitted supporting documentation. In the absence of provided information, a random starting box will be automatically assigned to the Client.

The Client acknowledges and accepts that the Organizer’s decision shall be final, binding, and not subject to appeal or modification.

Liability and Force Majeure

Pursuant to article L. 221-15 of the French Code de la consommation, FINISHERS is automatically liable to the customer for the proper performance of its contractual obligations, unless the failure to perform is attributable to the Customer or to the unforeseeable and insurmountable act of a third party.

These Terms and Conditions pertain exclusively to the sale of Products and Services, and not to the Event itself (which takes place under the sole responsibility of its Organizer) nor to the terms of sale of the Organizer's payment services provider. FINISHERS presents information on the Products and Services to the Customer with the highest accuracy possible, based on the information provided by the Organizer (e.g., postponement of the race, schedule and courses changes). FINISHERS shall not be held liable for the Event’s organization (that is the sole responsibility of the Organizer) and how it takes place.

FINISHERS shall not be held liable for any failure to fulfil its obligations if such failure results from a force majeure event. Force majeure shall mean any external, unforeseeable and irresistible event, as defined by article 1218 of the French Code civil, including but not limited to:

• disruption of transportation or supply services, in particular postal services;
• natural disasters such as earthquakes, fires, storms and floods;
• disruption of communication channels;
• war (declared or undeclared), civil war, riots, revolution, acts of piracy, computer warfare and cyber attacks;
• sabotage, requisition, confiscation, nationalization, embargo and expropriation;
• epidemic or pandemic, i.e. the development and spread of a contagious disease on national or international territory.

Applicable Law and Dispute Resolution

Applicable Law

The Agreement shall be governed by French law.

Prior Mediation

In accordance with the French Code de la consommation regarding amicable dispute resolution, FINISHERS is a member of the FEVAD (Fédération du e-commerce et de la vente à distance) e-Commerce Ombudsman Service, whose contact details are as follows: BP 20015 - 75362 PARIS CEDEX 8 - http://www.mediateurfevad.fr. After prior written application by the Customer to FINISHERS, the mediator may be contacted for any dispute that remains unresolved.

The European Commission also provides consumers with a European dispute resolution platform, accessible at the following address: http://ec.europa.eu/consumers/odr/.

Jurisdiction

In the absence of an amicable agreement, any disputes arising from or in relation with the Contract shall be submitted to the exclusive jurisdiction of French courts.