Terms of Service

1. The site

The company 5EUROS with the trade name ComeUp, a simplified joint stock company with a capital of 30,000 euros, registered with the RCS of Paris 829 285 451 00011, whose head office is located at the Centre d''Affaires Reims - Bezannes 7 rue Pierre SALMON 51430 BEZANNES, offers on its website accessible at https://comeup.com (hereinafter the "Site") a platform of online services. The Site proposes to Internet users, through its intermediary, to enter into contact with each other, with the exclusive aim of selling and/or buying dematerialized services.

2. Acceptance of the conditions of use of the Site

Access to the Site is reserved for any person connecting to comeup.com (hereinafter the "Visitor"). A Visitor may not, however, take any action on the Site other than visiting the pages that are authorized to him. On the unauthorized pages, he will be invited to create an account (he will then be a "Member") to go further. The full acceptance of these Terms of Use by the Visitor is necessary upon registration on the Site. This acceptance is materialized by the Visitor's action of clicking on the "Create an account" or "Become a Seller" button, which takes the place of an electronic signature and, by express agreement, has the value of a handwritten signature between the Site and the Visitor. Without this acceptance by the Visitor, the registration cannot be validated.

3. Definitions

The specific terms and expressions used in these Terms of Use have the following meaning (whether used in the singular or plural):

"Affiliate" means a Member who is a beneficiary of the ComeUp affiliate system.

"ComeUp Plus" means ComeUp's subscription service for Sellers.

"ComeUp Direct" means the voice and video messaging system between Sellers and Buyers.

"Chat" means a messaging system that allows Members to communicate with each other through messages.

"Buyer" means a Member of the Site who purchases a service from a Seller and pays the Seller accordingly.

"Account" refers to the personal space created by the Member on the Site, containing his/her personal information (identification, statistics on the Site, etc.) accessible thanks to the combination of an email address and a Password defined by the Visitor at the time of creating his/her Account.

"Verified Account" is an Account with a validated e-mail address.

"Terms of Use" refers to the present Terms of Use of the Site that the Visitor accepts in their entirety when creating his Account.

"Dashboard" means the page that summarizes a Member's purchases, services and sales.

"Member" refers to a Visitor who has an Account on the Site and who is identified on the Site.

"Password" means the password chosen by the Visitor when creating his Account in order to access the Site. It must contain at least 6 alphanumeric characters.

"Option" is attached to a service and allows to make this service more complete. An option can modify the rate and the delivery time of the service.

"Wallet" represents the Member's virtual account on the Site. It contains the amount of money that the Member has at his disposal that he can spend by purchasing services or withdraw via the payment methods offered by the Site.

"Pseudonym" is a sequence of at least 3 characters and can be up to 16 characters long and can only contain letters, numbers and underscores. It designates the name chosen by the Member to represent him/her on the Site.

"Service" refers to a service, whether professional or non-professional, offered by a Member of the Site.

"the Site": refers to the Site comeup.com and its company 5EUROS SAS.

"Visitor": means an Internet user who visits the Site without having an Account.

"Seller" is a Member who has obtained the Seller level.

4. How to Create and Delete an Account on the Site

4.1. Creation and validation of an Account

In order to create an Account, the Visitor must enter an e-mail address of his choice, a unique and secret Password and a Nickname in the corresponding form on the Site. The Visitor may also use the automatic creation of an Account via Facebook or Google.

This information is strictly personal. The Visitor must guarantee its confidentiality and ensure that it is not used by others. Therefore, when a Visitor's login and password are used, there will be a presumption that it is the Visitor who uses them. Following the click on the "Register" button, his registration will be finalized.

4.2. Deleting an Account

A Member may delete his or her Account at any time. To do so, simply go to the settings page and click on "Delete your account".

In the case of a deletion of the Account by the Site or the Member, comments, services and various interactions created by the said Member will be removed from the Site and will no longer be visible. Orders that are not in "completed" status will be canceled and the money will be returned to the Buyer. The sums in the Member's wallet will no longer be recoverable.

For security reasons, the Site reserves the right to keep the information of a Member for 6 months even if it is no longer visible to other Members.

4.3. The different levels

4.3.1. What is a level

When a Visitor becomes a Member of the Site, he/she has access to different levels depending on his/her status as a Seller. Each level allows access to a certain number of functionalities. Once a level has been obtained, the Member will be notified by e-mail. In case of refusal or loss of a level, he will receive the reasons by e-mail.

4.3.2. The level 0

When a Member has just registered, he automatically obtains the level 0. He can then buy normally on the Site but in no case to start selling.

4.3.3 The Seller level

To obtain the Seller level:

The Seller level allows the Member to:

The Site does not allow the Member to be a Seller if the Member's country of residence is listed at this address https://support-en.comeup.com/article/1494-are-there-any-country-restrictions-on-comeup

The Site prohibits to be a Seller level for any Member falsifying his real IP address by means of a proxy or VPN.

4.3.4. The verified Seller level

To obtain the verified Seller level:

4.3.5. Loss of a level

In case the Member makes a change on his account (modification of his contact details, profile picture, e-mail address, ComeUp Plus offer...), it may result in a loss of level. The Member will have to redo the validation process to regain his level or to take the right ComeUp Plus offer.

5. The services

5.1. Content of a service and copyright

The Seller declares that it owns at the outset, and then assigns all rights of use relating to the service it sells, unless otherwise stipulated at the outset, notified in the details of its service. The Site reserves the right to use any material related to a service and any content published on the Site for marketing, promotional or publishing purposes, without limitation of use.

Please note that the Site only accepts dematerialized services, i.e., services that do not require physical delivery or meeting. The entire delivery process must take place in the Site's order manager.

5.2. Price of a service and its options

5.2.1 Minimum and maximum price

The price for a service can be set between 5 € and 5000 €.

5.2.2 Options

A Seller can modify the price of his service:

Each order will result in a total net revenue of the order (price of the service + possible options + express delivery) for the Seller, after its effective delivery (See section 7 - end of order) minus the commission and VAT.

5.2.3 Minimum wage policy

We encourage sellers to set their prices considering their local minimum wage. Sellers set their prices and delivery time. As such, they should always determine their prices to ensure that they earn more than the local minimum wage in the country they reside in upon completion of their service.

5.3. Commission and bank charges

5.3.1. For a Seller benefiting from a ComeUp Plus offer

Whatever the amount of the order, the Site's commission is 1 € excl. In addition to this, bank and verification fees are to be paid by the Buyer.

In the event that a Buyer adds an Option or express delivery to an order already in progress, an additional commission of 1 euro (excl. VAT) will be charged, as well as bank charges of the total added.

5.3.2. For a Seller without ComeUp Plus offer

Whatever the amount of the order, the Site's commission is 20% of the amount before tax, excluding tip. In addition to that, bank and verification fees are to be paid by the Buyer.

In the event that a Buyer adds an Option or express delivery to an order already in progress, 20% of the additional commission will be deducted, as well as bank charges of the total added.

5.3.3. Application and change of the commission

The commission is calculated at the time of payment by the uyer. In case a Seller subscribes to a ComeUp Plus offer during the order processing, the commission will not change and will always be the one applied at the time of payment. This rule also applies if a Seller cancels his ComeUp Plus offer during the processing of the order, the commission on this offer will remain at 1 € HT.

5.4. Creating a service

5.4.1. Information about the Seller

To be able to submit, edit or activate its services, the Seller must have reached the Seller level as specified in point 4.3.3 of these conditions.

5.4.2. Limitation of the number of services

A Seller can only have 6 services (validated or not validated) at the same time on the Site, each composed of a maximum of 10 options. These numbers can be increased with a ComeUp Plus offer (see section 14).

5.4.3. Creation of a service

In order to create a service, the Seller must go to the page https://comeup.com/sales/services and click on "New service". He will then be invited to fill in a form and to validate it according to the conditions of Article 5.6.

5.5. Service status

A service can have several states on the Site.

5.6. Validation of services and options

When a service is submitted or modified, it is then reviewed by the Site's moderation team, which will check and review all the information.

The Site systematically refuses the services:

Each service may have its own specificities, this list is not exhaustive.

In order to correct small errors and to avoid back and forth between the Site and a Seller, the Site reserves the right to modify the text and/or images of a service as well as its possible options.

The Site undertakes to validate and index on the Site a service and its possible Options and express delivery as soon as possible. Any refusal of a service or an option will be justified by e-mail to the Seller and in the list of its services.

In the event that a service or option is incomplete at the time of its submission, the Site will send a request for modification to the Seller. The Seller will then have to make the modifications and the service will be back on hold for moderation.

In the event that the Site makes multiple moderation returns without sufficient changes from the Seller, the service will be disabled.

5.7. Editing a service

Each Seller can edit the content of its service directly via its Dashboard. Each modification to a service's description, instructions, option or image will result in the change of its status to "awaiting moderation". Once the modification is validated by the Site team, it will return to its original status.

Once a service is validated by the team, its category or categories can no longer be modified by the Seller.

Each Seller can modify/add Options or express delivery to a service at any time. Each change made by the Seller will be verified by the Site team and these changes will be referenced on the Site only after this verification.

6. Custom offers

6.1. Access conditions

All Sellers with an active ComeUp Plus plan can propose a custom offer to a Buyer.

6.2. Creation and duration of a custom offer

A custom offer can be created by a Seller for a specific Buyer. The offer is strictly reserved for the Buyer it is intended for.

After clicking the "Make an Offer" button, the Seller selects the service related to the offer, a delivery time, a price, and an optional description.

Once validated, this offer will be visible in the chat to the Buyer and the Seller. The Buyer can then choose to accept or reject it.

If the offer is accepted, the Buyer will be redirected to the payment page as defined in section 7.2. If it is rejected, it will no longer be purchasable.

After the Seller creates and sends the custom offer to a Buyer, it remains active for 7 days.

6.3. Payment of a custom offer and order process

An offer that has been accepted and paid is then considered a complete order by the Site. The order process is defined in section 7.

6.4. Limitation of custom offers

The Seller must not provide a service that is not allowed on the platform (see section 5.6.) in a custom offer.

The Seller commits to providing a custom offer associated with one of their services. A custom offer aims to complement a service with work that was not foreseen in the basic offer and its Options or to propose a service planned at a different price.

The Seller commits to discussing with their client to clearly specify the content of their custom offer, as they would for a service.

In the event of a breach, the Site reserves the right to sanction a Seller according to the conditions defined in Article 13.

7. Ordering Process

7.1. The order

To make a purchase, you must have an account. Then, on the desired service, click on "order". It is then possible to choose the payment method: PayPal, Credit Card or Wallet (see section 6.2), if available.

Once the order is paid, it will be directly transmitted to the Seller. The Seller then has 48 hours to accept or decline the order. If the order requires instructions for its completion, the Buyer shall transmit to the Seller during this period all instructions necessary for the proper completion of the order. The Seller shall not accept the order until he has everything in hand to carry it out.

In the event that the order is refused by the Seller, it shall be canceled in accordance with the conditions of Article 7.8.2.

If the Seller has not accepted or refused the order within 48 hours, it will be canceled according to the conditions of article 7.8.2.

In case the order is accepted by the Seller, its status will change to "In Progress" and the delivery period will start.

7.2. Payment

7.2.1. Payment methods

For the payment of an order, the Site supports 3 payment methods:

7.2.2. Tipping

When paying for an order, the Buyer can freely leave a tip to the Seller. This tip is then included in the price of the order and the bank charges are applied. In case a Seller does not have a ComeUp Plus offer, the 20% commission taken by the Site does not apply to the tip. To add a tip, the Buyer has the choice to add 5%, 10%, 15% or 20% to the order price excluding bank charges.

7.2.3. Priority assistance

When paying for an order, the client can freely choose to subscribe to priority assistance concerning this order.

This assistance guarantees to the account that subscribed to it, and as long as the order is not canceled or completed, an answer within 1 hour through the Help Center.

This delay applies to messages sent from 8:00 a.m. to 6:00 p.m. (Paris time), 7 days a week. From the moment the message is sent outside of these hours, the website does not guarantee an answer within 1 hour, but in the best delays possible.

If the order is canceled, priority assistance is fully refunded to the client.

7.3. Discussion before and during the order

7.3.1 The chat

As soon as an order is created, a discussion opens between the Buyer and the Seller thanks to a chat system that will serve as a means of exchange during the entire order until the order is completed (see Article 6.6. End of order). In this chat, the Buyer and the Seller shall respect the conditions of Article 9 "Member Responsibilities and Guarantees".

7.3.2 ComeUp Direct

When a Seller has a ComeUp Plus premium offer, he has the possibility to activate ComeUp Direct from his settings.

This gives him the possibility to initiate a call to his Buyer, from the ComeUp chat. Once the call is launched, he will be able to talk to him, share his screen and activate his camera.

At the end of the call, the duration of the call will be recorded in the chat.

The Seller is responsible at the end of the call to make a summary of the discussion if this discussion contains elements essential to the order.

7.4. The delivery

Once the Seller has completed his order, he can deliver it directly on the order tracking interface via the forms provided for this purpose.

A Seller who declares that he has delivered his order on the Site without having actually delivered it in full will be penalized according to the conditions set forth in Article 13. The delivery must be made only when the Seller has finished what is planned in his service.

Once the Buyer has been delivered, the order will change to the status "Delivered". Three cases are then possible:

A Buyer does not receive any compensation for leaving a review of an order.

As long as the Seller and the Buyer agree to proceed with alterations, their number will be unlimited. However, they may cancel the order according to the terms and conditions set forth in Article 7.7.

7.5. Alterations

7.5.1. Request for retouching

Following a delivery made by the Seller, the Buyer has 7 days to request a rework. Once the alteration is requested, it must be accepted by the Seller. Depending on the stage of the order, the Buyer can also open a dispute, this option will then be displayed on his order tracking.

7.5.2. Acceptance of the alteration

If the alteration is accepted, the order will be in "in progress" status until the Seller delivers his work again.

The delivery time is then increased by the same amount as the basic time and is calculated at the time the Buyer made his request for alterations.

Example: A Buyer places an order that is to last 6 days. He asks for an alteration on January 1st, the alteration is accepted on January 3rd, the Seller has until midnight on January 7th to deliver before being out of time.

7.5.3. Refusal of the alteration

If the alteration is refused, the Buyer has 7 days to open a dispute according to the conditions of Article 7.5.3 or to finish the order by noting it. Once the deadline has passed, the order will be automatically terminated.

7.6. End of the order

An order is defined as "Finished" when the Buyer has validated the delivery made by the Seller or when the Seller has delivered but the Buyer has not made any return 7 days after the delivery. Seller and Buyer can continue to chat in the chat room 7 days after the order is closed but cannot intervene on the order.

The Site will then deposit the amount of the order into the Seller's wallet. Once this money is in the Seller's wallet, he can then withdraw it according to the conditions defined in Article 8. Once the order is completed, billing documents are available and described in Article 7.11 Billing.

The status "expired" also marks the end of the order. This status is explained in the conditions of article 7.12.

7.7. Late delivery

A delivery is considered to be late when the delivery time of the order is exceeded.

As soon as an order is late, it is notified as such on the order manager.

7.8. Cancellation

7.8.1. Mutual cancellation

As long as the order has not reached the status of "completed" or "expired" and when the Site proposes it, the Buyer can ask his Seller to cancel his order on the order manager. However, the Seller is under no obligation to accept. The Buyer and the Seller can discuss in the messaging system to reach an agreement. It is to be noted that if the Buyer has requested a cancellation and the Seller does not respond within 48 hours, the order is automatically canceled. If the Seller agrees, the money is returned to the Buyer according to the conditions defined in Article 7.9.2.

7.8.2. Unilateral cancellation by the Seller

At any time and as long as the order has not the status of "completed" or "expired", the Seller may unilaterally cancel the order, without asking for the Buyer's opinion. The money is then returned to the Buyer according to the conditions defined in Article 7.9.2. The Site reserves however the right to contact a Seller to ask him to justify a cancellation. Without a reason considered valid by the Site, the Site reserves the right to sanction a Seller according to the conditions defined in Article 12.

7.8.3. Unilateral cancellation by the buyer

A buyer can cancel an order unilaterally in two situations: If the Seller has exceeded its delivery time on the offending order. If the Seller has not yet accepted the order and therefore has not yet started work. In these two cases and only in these cases, a button will appear in the order manager so that the Buyer can cancel it directly. The Site will then refund the amount spent for this order within the time limits defined in Article 7.8.3.

7.8.4. Cancellation and usage rights

In case of an order cancelation. The Buyer cannot use the work produced by the Seller during that order for any purposes.

7.9. Refund conditions

7.9.1. General

The Site will not be able to proceed in any way to the refunding of a Buyer directly on his bank or PayPal account following an order, whatever its status.

It is also recalled that under Article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts for the supply of digital content not provided on a material medium whose execution has begun after prior express consent of the consumer. The Buyer thus waives his right of withdrawal and therefore of reimbursement.

To obtain a refund, the Buyer, when an order is "in progress", will have to use the "mutual cancellation" described in Article 7.8.1 or the "unilateral cancellation by the Buyer" in Article 7.8.3.

When an order has the status "completed", the money being paid to the Seller, there is no more possibility of cancellation and thus of refund. When an order has the status "expired", there is no more possibility of cancellation and thus of refund.

7.9.2. Full refund

When the order has the status "canceled", the amount is refunded in full to the Buyer, including commission, tip, bank charges and VAT. If several partial refunds lead to a total refund and thus a cancellation, the amount is returned in full to the Buyer, including commission, tip, bank charges and VAT.

7.9.3. Partial refund

When a partial refund is executed, the partially refunded amount is returned to the Buyer. However, the commission, bank charges, and VAT associated with the commission and charges will not be refunded.

7.9.4. Time and method of refund

A refund is always executed immediately by the Site, whether it is total or partial, on the payment method that was used. Depending on the payment method the Buyer has used, the amount will be refunded immediately to his Wallet, to PayPal within the time frame of the conditions defined by PayPal and to his bank account within the time frame of the conditions defined by Braintree.

7.10. The dispute

7.10.1. Opening of a dispute

During an order, when the Seller and his Buyer do not manage to agree on the cancellation of an order or a retouching, the Buyer will have the possibility of asking for the opening of a litigation on his order manager in the following cases:

Once the dispute is opened, the order is then frozen and cannot be modified.

7.10.2. Course of a dispute

When the dispute is opened, the Site makes intervene a mediator to find the best possible outcome to the problem in a discussion including the Buyer and the Seller. The mediator will study the order and propose solutions if possible. If no solution is found, the mediator will then have the choice to:

The decision of the mediator is firm and final. It cannot be challenged.

7.10.3. Disputes and usage rights

In case a Buyer cancels an order. If the order enters a dispute and the mediator rules fully in favor of the Buyer. Said Buyer cannot use the work produced by the Seller for any purposes.

7.10.4. PayPal or bank recourse on the part of the Buyer

If during a dispute opened on the Site the Buyer decides to open a recourse via his method of payment (PayPal or his banking institution) then the mediator will stop all mediation and will leave the order "Frozen" while waiting for the end of the recourse.

7.11. Billing

7.11.1. Case of an individual Seller

The Site publishes in the name and on behalf of the Seller the necessary documents so that the Buyer can justify his expenditure. This is page 1 of the billing document. In the case of an order to a private individual, this one does not have the right to invoice but can all the same propose its services; the edited document is then not an invoice but a receipt.

As this is a private seller, there is no VAT on the amount due to the seller.

The amount indicated is the amount due to the Seller. This document is also given to him so that he can justify his income and make the appropriate declarations.

7.11.2. Case of a professional Seller

The Site publishes in the name and on behalf of the Seller the necessary documents so that the Buyer can justify his expenditure. This is page 1 of the billing document. In the case of an order to a professional or an auto-entrepreneur, this one has the right to invoice, the Site makes it thus for him by taking into account its statute, its country as well as that of the Buyer.

The amount indicated is the one that belongs to the Seller. This document is also given to him so that he can justify his income and make the appropriate declarations.

7.11.3. The invoice of the Site

On page 2 of the document of invoicing is the part which relates to the service of the Site i.e. the setting in relation between the Seller and the Buyer.

It is an invoice for the Buyer. The amount paid by the Buyer when ordering corresponds to the Seller's invoice added to the Site's invoice.

7.12. Expiration of an order

When an order exceeds 5 months between the time it was paid and whatever its status (except in dispute), it will automatically take the status "expired" on the Site. The total amount paid by the Buyer will then be put to the benefit of the Site. However, a Buyer with an expired order can write to https://comeup.com/contact and ask for a voucher equal to the amount paid minus the amount of VAT if VAT has been paid and bank charges. However, no refund will be possible.

7.13. Adding, modifying and withdrawing a review

7.13.1. Adding a review

Adding a review is available to the Buyer 7 days after the order is set to "delivered" status. Submitting a notification will change the status of the order to "completed". No review can be submitted at any other time, especially after a dispute has been settled by the Site.

7.13.2. Modifying a review

The Site will be able to modify the review only in the following cases:

In no case the Site will be able to change a positive review into a negative review and vice versa.

7.13.3. Deletion of a review

The Buyer can request the removal of his review by contacting the Site on https://comeup.com/contact. The comment will then be removed as soon as possible.

A Seller can only ask for the removal of a review filed on one of its services when:

8. Withdrawing money

8.1. Hyperwallet

In order to retrieve money from his or her Wallet, the Member must use Hyperwallet. By agreeing to withdraw money, Member agrees to the terms of Hyperwallet [https://www.hyperwallet.com/legal/] The amount that can be withdrawn by the Member must be at least 1 Euro per transfer to Hyperwallet.

8.2. Withdrawal Process

The withdrawal request is made from the "Portfolio" page and can be made at any time. Once the withdrawal request has been made, the withdrawal appears in the list with the status "pending". The Site will then verify this transfer request to ensure that fraud and money laundering are avoided. Once the verification process is complete, which can take anywhere from 3 to 5 days, the wire transfer is set to "approved" and the money is sent to the Member's Hyperwallet account. If this is the first withdrawal, the Member will be asked to set up his Hyperwallet account. He will have to follow the instructions given by the Site.

Once the money has been transferred to the Member's Hyperwallet account, the Member will be able to retrieve the money according to the conditions set by Hyperwallet.

8.3. Blocked Withdrawal

In the event that the Site observes irregularities as described in Article 11.2 or in the delivery process, withdrawals will be blocked and the Site will then contact the Member.

8.4. Fees

Withdrawal amounts will be credited to the Hyperwallet account configured by the Member.

Please note that the Site will not take any commission or fees on a withdrawal to Hyperwallet.

Hyperwallet does charge fees, however, so please contact them for more information https://pay.hyperwallet.com/hw2web/consumer/page/contact.xhtml#selfServiceSupport

9. Member Responsibilities and Guarantees

Sellers and Buyer agree to carry out the entire ordering process on the Site. Any external communication is strictly forbidden. An order that has been processed outside the classic ordering process will not be considered valid by the Site and will not be insured in case of a problem.

A Member undertakes never to transmit personal details, telephone number, e-mail address, instant messaging address, except if this information is specifically requested in the instructions for carrying out a service.

A Member may not promote any product or service, company or URL, whatsoever, except for items found on the Site.

A Member is responsible for the information he or she puts on the Site. He/she undertakes to provide complete and honest information as requested by the Site. This information must correspond to reality.

A Seller must honor his transactions and cannot cancel any without a valid reason.

Under the terms of the tax legislation, the Seller must declare any occasional profit on his income tax return (n° 2042) in the category of non-commercial profits (BNC) if he is an individual. For the professionals (micro-business, auto entrepreneur, SARL, etc.) the perceived incomes will be integrated in the accounting balance sheet. The Site declines any responsibility towards the Seller who would not respect his tax obligations of declaration of the incomes generated by the sold service.

A Member undertakes to keep his Identifier and Password secret and confidential.

A Member acknowledges that he/she is solely responsible for the use he/she makes of the Site.

A Member also agrees not to allow any person to access the Site via his or her Account.

A Member acknowledges that the Site is not responsible in any way for difficulties encountered in accessing and using the Site due to electronic communication networks and in particular Internet access services.

A Member is not authorized to make any comments that are illicit or contrary to good morals (in particular obscene, indecent, defamatory, pornographic, abusive, threatening or harassing of any kind).

A Member may not make statements that could reasonably be considered defamatory or damaging to the image of the Site.

A Member acknowledges that by violating these Terms of Use, he or she may be subject to a sanction as defined in Article 12.

In case of closure of the Account by decision of the Site, the Member will no longer be able to register or have access to the Site without the written agreement of the Site.

The Member acknowledges that any attempt to enter the Site's system in an unauthorized manner or on an Account, interfering with the procedures or performance of the Site, or deliberately damaging the Site is subject to prosecution in civil and/or criminal court and immediate closure of his Account.

A natural person or a legal entity may have only one Account on the Site. A Seller cannot have several accounts.

All abusive behavior buyers engage in toward sellers are grounds for “Deletion of the Account and all its affiliated data.” and "Banning of the Member's IP address.” (See Article 13. Sanctions for more information) Such behavior includes but is not limited to:

Any behavior that may be considered unethical or abusive will be investigated by our moderation team and dealt with according to their investigation.

A member agrees not to discriminate against any other user on the basis of gender, race, religion, sexual orientation, or other basis. Such discrimination can lead to “Deletion of the Account and all its affiliated data.” and "Banning of the Member's IP address.”. (See Article 13. Sanctions for more information)

10. Access to representation and freedom of association

ComeUp supports all efforts by Sellers to collectively organize or form a trade union.

Collective bargaining through trade unions can often bring about more favorable working conditions.

11. Fight against fraud

11.1. Fraudulent services

The Site undertakes to fight within the limits of the possible against the services which would prove to be scams or ill-intentioned Sellers.

All the services being read again by our team before validation, it is advisable to the buyers not to give any confidential information, no password, no banking data, e-mail address or personal telephone number to avoid at most the risk of fraud. In the event that the behavior of a Member is suspicious, it must be immediately reported to the Site's managers via the contact form on comeup.com/contact.

In the event that Sellers do not respect our conditions, they will be exposed to the sanctions detailed in article 13.

11.2. Management of unpaid invoices

In the fight against overdue payments, bank fraud and money laundering, the Site validates all requests for withdrawal of money after analysis of the transactions within a maximum of 5 working days as specified in Article 8.

In the event that the Site suspects a transaction (false orders, use of a stolen credit card, etc.), the User's account will be blocked for analysis and the User will be contacted by the Site in order to obtain additional information on his identity. Once the analysis is done, if the Site detects fraud, the Account will be banned and the Seller will not be able to withdraw the amount from his Wallet. If everything is in order, the limit will be lifted.

In case an order is found to be unpaid and its status is not completed, it will be canceled by our services without any possible compensation for the Seller even if the latter has started or delivered it.

11.3. Robot

The use of computer programs or artificial intelligence to create Members or services is strictly forbidden on the entire Site. Any Member created automatically will be sanctioned by the Site according to the conditions defined in Article 13.

11.4. False reviews

A Member who has placed an order and deliberately left a positive or negative review will have his or her review removed. In the case of a suspicious review, the Site will make the necessary verifications to judge whether this review is sincere and honest according to the work that has been done.

11.5. Identity theft

A Seller declaring themselves on the Site with an identity that is not his will be immediately removed from the Site according to the conditions defined in Article 13.

12. Publication of public information relating to the services

Members agree to the use of their Pseudonym for promotional and advertising purposes on the entire Site and in all types of media. Members also agree that their service(s) associated with their Username may be used throughout the Site and in any type of media. In the event that the Site wishes to add additional information to this communication, a prior request will be made by e-mail to the Members concerned. In the event of no response from them, the Site will consider that the response is negative.

13. Sanctions

In the event that a Member does not respect the Terms of Use of the Site, one or more sanctions will be applied, including

The decision of the sanction applied is at the discretion of the administrators of the Site. In the event of a problem under French law, the Site may also file a complaint with the competent legal authorities.

In the case of identity theft, the sums remaining in the wallet will not be returned to the Seller but kept in escrow or returned to the Buyer.

In all cases, the Member will be informed of his sanction by e-mail as soon as possible.

14. Affiliation

14.1. Access

To become an Affiliate, the Member must either have previously obtained the Seller level defined in the conditions of article 4.3 or validate the following conditions:

Being an Affiliate allows the Member to:

The Site prohibits the Member from being an Affiliate if his country of residence is in the list available at this address.

14.2. Sponsoring a Member

In the "Affiliate" section, an Affiliate has the possibility to retrieve a code that is his or her referral code. This code can be added to any URL on the Site. For example, a Member can directly add "?sponsor=CODE" on the registration address or on one of its services.

Once the Visitor arrives on the Site via this address, if he registers during his session, the Visitor becomes a Member with the owner of the code as his sponsor if he has not changed the code in the "Sponsor" field of the registration form.

It is also possible for a Visitor to register on the Site with knowledge of the sponsor code. To do this, he must add it in the field provided for this purpose during his registration.

The sponsor will be able to access the list of his godchildren from his affiliate space.

14.3. Restrictions

A Seller can only have one sponsor. Once the sponsor has been chosen, it cannot be changed. If a Seller has not chosen a sponsor at the time of registration, he will have 3 months to do so. After this period, a Seller will not be able to have a sponsor.

14.4. Advantages for the sponsored person

14.4.1 Case without ComeUp Plus offer

If the Seller does not have a ComeUp Plus offer at the time he/she becomes a referral, the Site does not offer any benefits. When the Seller activates a ComeUp Plus offer, he/she will automatically benefit from an extra month added free of charge at the time of subscription. This extra month is cumulative with other benefits such as the trial period.

14.4.2 Case with ComeUp Plus offer

In the case where the Seller benefits from a ComeUp Plus offer active at the time he/she becomes a referral, the Site will automatically add 1 extra month to his/her offer. This extra month can be cumulated with other advantages such as the trial period.

14.5. Benefits for the sponsor

14.5.1 Definition

When an Affiliate is the sponsor of a referral, he/she will be able to earn a commission in the form of a percentage of the total amount of the referral's completed orders, depending on the affiliate program in place at the time of the referral's acquisition, excluding bank fees and the Site's commission. These earnings will be earned and withdrawable according to the conditions defined below.

14.5.2 Affiliate program

An affiliate program defines the commission that a sponsor earns on an order completed by one of his referrals. There can only be one active affiliate program per referrer at any one time.

The commission paid varies according to the date the order is placed in relation to the date of registration of the referral on the Site.

By default, the affiliate program defines the commission as follows

This default affiliate program may be modified, either in terms of commission or duration, without prior notification from the Site to the Affiliates.

The Site may set up multiple affiliate programs with different commissions and durations.

14.6. Validation and withdrawal of a win

When an order is placed by a Buyer with a referral, the potential commission earned by the referral appears in the referral's current earnings. This gain is definitively validated and "pending withdrawal" when the order is completed and only in this case. The site reserves the right to cancel a commission if the order is canceled after it has been completed.

14.7. Withdrawal of earnings

The Affiliate may transfer his/her winnings to his/her ComeUp portfolio when the pending winnings exceed 50 euros. The Affiliate can choose the amount he/she wants to transfer. Withdrawal to Hyperwallet can then be made from the wallet according to the conditions in Article 8.1.

15. ComeUp Plus Plans

15.1. Definition and access

ComeUp Plus plans are made for Sellers who wish to have access to additional features on the Site. To purchase a ComeUp Plus plan, the Member must go to: https://comeup.com/plus

15.2. Details of plans

15.2.1. Trial plans

A Seller who has never subscribed to a ComeUp Plus trial plan can try the formula he/she wants: standard or premium. To do so, he/she must go to the page https://comeup.com/plus and click on "Try for free". The Seller will then be invited to enter their payment information. The payment method will not be debited at this stage.

This trial plan is valid for one month or two months (if the Seller has a referrer code). The Seller can change plans when they want to during the trial period.

Once the trial period is over, the initially chosen ComeUp Plus plan will be automatically renewed, and the payment method will be debited (see 14.3.4 - renewal).

When a Seller has completed, even partially, their trial period, they will not be able to benefit from a new trial period.

15.2.2. The standard plan

A Seller who has purchased a ComeUp Plus Standard plan or who benefits from the trial plan gets the advantages described on the page https://comeup.com/plus

15.2.3. The premium plan

A Seller who has purchased a ComeUp Plus Premium plan gets the advantages described on the page https://comeup.com/plus

15.3. The "Verified seller" status

When a Seller is a Verified Seller, he/she automatically obtains the status of "Verified Seller".

The loss of the "Verified Seller" level leads to an automatic withdrawal of the "Verified Seller" status.

15.4. Subscription and payment

15.4.1. Choice of the plan

A Seller who wishes to subscribe for the first time to a ComeUp Plus plan will obligatorily have access to the trial plan described in article 15.2.1. He/She can choose the Standard or Premium plan.

15.4.2. Duration

A ComeUp Plus plan can be subscribed for 1 month or 12 months and automatically renewed at the end of each period. When choosing the 12-month plan, the payment will have to be done at one time and the Seller will automatically get a discount of 2 months free.

15.4.3. Payment

To validate the trial plan or purchase a ComeUp Plus plan, the Seller will be invited to choose a payment method. The Site accepts payment by credit card, PayPal, or via its ComeUp wallet (see payment conditions detailed in article 7.2.1).

In the case of the trial plan, the payment method will not be debited but a pre-authorization will be made for the credit card and PayPal. 3-D Secure must be active to validate the credit card pre-authorization. The ComeUp account must have at least the amount of money needed to cover payment for the selected trial offer. Depending on the payment method chosen, if the pre-authorization is accepted or the ComeUp wallet is sufficiently funded, the trial plan is activated for one month or two months (if the Seller has a referrer code).

In case of a subscription to a plan, the payment method will be debited for the chosen duration: 1 month or 12 months, and then automatically renewed every month or every year. When the payment method has been correctly debited, the plan is definitively validated.

15.4.4. Renewal

Once the first month or year is over, the account is automatically renewed using the same payment method that was used when the ComeUp Plus account was purchased. For example, for an account purchased on the 5th of the month, the renewal will take place on the 5th of the following month. The principle is similar for a yearly payment.

15.4.5. Unpaid

In case the Site does not manage to deduct the amount necessary for the payment of the ComeUp Plus account renewal on its anniversary date, the Seller commits themself to update their payment method within 4 days following this refusal of payment. Once these 4 days have elapsed and without any action from the Member, the Member will no longer have access to his ComeUp Plus plan. The Member will then lose the benefits acquired in the manner described in Article 15.4.4.

15.5. Cancellation and change of plan

15.5.1. Cancellation of a ComeUp Plus plan

Cancellation of the ComeUp Plus account can be requested at any time. To do so, the Member must go to the page https://comeup.com/plus and click on "Change plan" by choosing the free plan.

This cancellation will be effective on the anniversary date of the account renewal, every month or every year depending on the type of subscription subscribed. On this date, the Seller will lose the benefits acquired in the manner described in Article 15.4.4.

Once a cancellation request has been made, there will be no more withdrawals from the Site.

15.5.2. Upgrading to a higher plan

An upgrade to a more expensive ComeUp Plus account will be effective immediately upon payment and validation. The anniversary date of the account will be updated to become the upgrade date. The renewal will then take place according to the conditions defined in Article 15.2.3. Please note that even if there is time remaining on the previous plan, the Site will apply a pro rata at the time of payment.

15.5.3. Switching to a lower plan

A downgrade to a cheaper ComeUp Plus plan will be effective immediately upon payment and validation. The Seller will then lose the benefits acquired described in Article 15.4.4. The renewal then takes place according to the conditions defined in Article 15.3.4. Please note that even if there is time remaining on the previous plan, the Site will apply a pro rata at the time of payment.

15.5.4. Loss of Benefits

In case of cancellation, termination of the trial plan, or change of plan to a lower plan, the Seller loses the benefits of the ComeUp Plus account to which he/she had subscribed.

Switching from a ComeUp Plus premium plan to a ComeUp Plus standard plan

Changing from a standard ComeUp Plus plan to a free plan

Switching from a ComeUp Plus Premium plan to a basic plan

The actions taken by the Site correspond to all the actions detailed in the 2 previous parts.

The actions taken by the Site correspond to all the actions detailed in the 2 previous parts.

It is to be noted that a Seller who has requested a change of ComeUp Plus plan or a cancellation will not be able to make a new one or buy a ComeUp Plus plan again until the Account has been updated.

15.6. Refunds

Once paid, a ComeUp Plus plan cannot be refunded under any circumstances. The cancellation of a plan is defined according to the conditions of Article 14.5.

15.7. Invoice

When a plan is purchased and for each renewal, an invoice is available in the "Purchases" part of the Site, section "Invoices".

16. Intellectual Property

Copyright (c) 2024 ComeUp SAS - All rights reserved. ComeUp is a registered trademark of ComeUp SAS. The names of editors, media, services and more generally companies or products mentioned are the trademarks of their respective owners. All rights not expressly granted are reserved by ComeUp SAS. Any illicit exploitation of all or part of the content of the Site and of the intellectual property rights will be the subject of a complaint to the competent legal authorities.

17. Personal data, classification and security

17.1. RGPD

The obligation to provide information already exists in the Data Protection Act. It is reinforced by the RGPD: the information must be more complete and more precise.

In this context, we have updated this part of the conditions on 27/05/2018. The data controller is [email protected].

17.2. Privacy Policy

Personal information is collected through forms present on the pages of the Site such as the registration form or allowing a Member to update his/her profile. The data collection tools present on the Site are :

All information on sales, Sellers and buyers is not shared with a service provider outside the Site. It may however be used internally for the algorithm of sorting services in the search and categories or the management of e-mails.

17.3. Right of opposition and withdrawal

The Site is committed to offering a right of opposition and withdrawal of personal information. The right to object is the possibility for Members to refuse that their personal information be used by the Site as mentioned in Article 12. The right of withdrawal is the possibility offered to Members to request that their personal information no longer appears on the Site.

It should be noted that the right of opposition does not apply to the processing. It would indeed be contrary to the objective of fighting against tax fraud to allow taxpayers to oppose the collection of information about them.

In order to exercise these rights, the Member can send his request: By post: 5euros / ComeUp Centre d''Affaires Reims - Bezannes 7 rue Pierre SALMON 51430 BEZANNES By e-mail: comeup.com/contact

17.4. Right of access

In accordance with the law "informatique et libertés" of January 6, 1978 amended in 2004, Members have a right to access and rectify their information that they can exercise by sending their request: By post: 5euros / ComeUp Centre d'Affaires Reims - Bezannes 7 rue Pierre SALMON 51430 BEZANNES By e-mail: https://comeup.com/contact

17.5. Ranking

Ranking services in the search and in the categories is an algorithmic process described here: https://support-en.comeup.com/article/1499-how-are-services-ranked

17.6. Security

The personal information that the Site collects is kept in a secure environment. Persons working for the Site are required to respect the confidentiality of the information.

To ensure the security of personal information, the Site uses the following measures: high degree of confidentiality by integrating the latest technological innovations to ensure the confidentiality of your transactions.

However, as no mechanism offers maximum security, there is always a degree of risk involved when using the Internet to transmit personal information.

18. Terms and conditions of payment

The Site uses the PayPal and Braintree payment platforms. By agreeing to the terms and conditions of use of the Site, Member agrees to be bound by Braintree's terms and conditions, or PayPal's user agreements. Braintree TOS: https://www.braintreepayments.com/fr/legal

19. Notice Requirements

A Member can choose to enable push notifications on his browser to get alerts when he receives a message, has a new order, etc. (non exhaustive list). All notifications can be managed from this page: https://comeup.com/configuration/notifications By accepting the notification system, the Member is bound by the terms and conditions of OneSignal: https://onesignal.com/privacy_policy. To stop depending on these terms and conditions and to remove his data from their system, the Member must unsubscribe from the notification system.

Changes impacting sellers on the platform will be notified to sellers on the platform 30 days in advance. Sellers will be notified through the following means:

20. Consumer Mediator

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, 5EUROS adheres to the Consumer Mediator of the FEVAD (Federation of e-commerce and distance selling) whose coordinates are as follows Médiateur de la consommation FEVAD BP 200015 - 75362 PARIS CEDEX 8 - [ https://www.mediateurfevad.fr] After prior written request of the consumers towards 5EUROS, the Service of the Mediator can be seized for any dispute of consumption whose settlement would not have succeeded. To find out how to contact the Mediator, Click here.

21. Modification of the Terms of Use

The Site reserves the right to update or modify all or part of these Terms of Use at any time and without notice. Members are therefore advised to visit the Site regularly to review the current version.

Continued use of the Site shall constitute acceptance by the Members of the modifications made to the Terms of Use.

22. Applicable Law and Jurisdiction

These Terms of Use are subject to French law. Unless otherwise provided by mandatory law, the Member agrees that the courts of the jurisdiction of the Court of Appeal of Reims shall have exclusive jurisdiction over any claim, dispute or difference relating to the Terms of Use.

23. Nullity and autonomy of contractual provisions

If any provision of the Terms of Use is found to be invalid, this shall not affect the validity or enforceability of the remaining provisions of the Terms of Use.

24. Miscellaneous Provisions

The Site's waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any right to enforce that provision or any other provision of the Terms of Use.

25. Legal Notices

The Company ComeUp SAS is the editor of the Site comeup.com, the Internet users are the editors of the contributions on the Site. Under this information, the Company ComeUp SAS is a technical provider of the Internet in the sense of the Community Directive 2000/31/EC of June 8, 2000 on electronic commerce. Its head office is in Reims (SIRET 81752772400014) and its capital is 35 000 euros. The company OVH is the host of this Website.

This Website has been declared to the Commission Nationale de l''Informatique et des Libertés, which issued receipt no. 1679209 on June 11, 2013. For any questions, please consult the conditions of use of the Site. For all complaints about a content appearing on the website of ComeUp SAS and alleging an infringement of the public order or the rights of third parties, it is compulsory to fill in the contact form: comeup.com/contact.

Copyright (c) 2024 5EUROS SAS / ComeUp. All rights reserved. version number : 4.3 last update date : 13 march 2024