Terms and conditions

2. Acceptance of the terms and conditions

By accessing the website https://www.fenchell.com, you acknowledge that you have read, understood and accepted these Terms in their entirety. Use of the website is conditional upon your unreserved acceptance of these terms.

3. Intellectual property

3.1 Copyright

All content on Fenchell's website, including but not limited to text, images, graphics, logos, icons, videos, software and databases, is protected by international, Bulgarian and European laws relating to copyright and other intellectual property rights.

3.2 Use of content

You are permitted to view and print extracts of the website for personal, non-commercial purposes. Any reproduction, distribution, transmission, display, performance, publication, modification, adaptation, translation or commercial exploitation of all or part of the website's content, without the prior written authorisation of Fenchell, is strictly prohibited.

3.3 Trade marks

Fenchell's trade marks, logos and distinctive signs are protected and may not be used without prior written authorisation.

4. Use of the website

4.1 Licence to use

Fenchell grants you a limited, non-exclusive and non-transferable licence to access and use the website in accordance with these Terms. This licence is personal and non-commercial.

4.2 Restrictions on use

You undertake not to:

• Use the website for illegal or unauthorised purposes.
• Attempt to gain unauthorised access to Fenchell's computer systems.
• Introduce viruses or any other malicious code.
• Copy, reproduce or redistribute the website's content for commercial purposes.

Our e-commerce services

5. Services offered

5.1 Action Plan

5.1.1 Purpose of the service

The purpose of the "Action Plan" service is to increase the likelihood of reactivating the Seller-Client's account or listing. Like lawyers representing a client before a judge, the Company absolutely cannot guarantee the reactivation of the Client's assets. That authority belongs by right to the Marketplace, which acts in accordance with its internal policy and the laws in force. This service must be understood for what it is, namely an expertise that highlights a number of errors made by the Client — or assumed by the Marketplace — the drafting of an action plan in the appropriate language, and finally the sending of this document, by the Client themselves, to that same Marketplace.

5.1.2 Guarantees

If, despite the Client sending the Action Plan to the Marketplace, the seller account or listing is not activated/reactivated, the Company may, in certain cases, proceed to a full refund to the Client.

Conditions for a full refund by the Company to the Client:

• The Client must prove to the Company that they have followed the instructions of the Action Plan and those given in writing by the Company during the various exchanges.
• The Client must demonstrate that they comply with the rules of the Marketplaces on which they wish to do business.
• The Client must have taken steps to correct the situation identified as the source of the conflict with the Marketplace.
• The Client must have duly sent the Action Plan to the Marketplace.
• The Client may request a refund of the Action Plan from the Company at the earliest 30 days after receiving their Action Plan, and at the latest 60 days after receiving it.

If the Client conceals or omits information liable to disrupt the expertise carried out by the Company and embodied in the Action Plan, or fails to make the corrections necessary to comply with the rules of the Marketplaces on which they sell or wish to sell, the Company is entitled to refuse to refund the Action Plan to the Client.

If the Marketplace requests evidence, supporting documents, technical justifications, audit reports, signed contracts, or even invoices, or any other document or evidence outside the Action Plan, the Company cannot be held liable for the outcome of such a case. If the Marketplace refuses the Action Plan as it stands, a refund cannot be made.

Furthermore, if the reason for the fault reported by the Client at the start of the Action Plan process differs from the one reported by the Marketplace, the Company is entitled to refuse to restart the Action Plan and to refund the purchase. It may, at its discretion, restart the Action Plan or make changes to it, or offer the Client, for a fee, to rework or restart an Action Plan aimed at rectifying the original Action Plan and reporting the appropriate fault.

5.1.3 Process and exoneration

Generally, the Client contacts the Company via its website www.fenchell.com to obtain information. After an initial discussion and the completion of a digital form, the Client may decide to proceed with the Company, which will send them an invoice or provide them with a link via the website www.fenchell.com to purchase the service.

Once the purchase has been made, the Client receives an initial confirmation email from the Company, setting out the steps to follow, as well as a second email containing a download link for the invoice for the purchase of the Action Plan. The Company may request a telephone or video-conference discussion with the Client, in order to clarify the situation of the seller account or listing. This discussion, if requested in writing by the Company from the Client, is mandatory, as it will make it possible to gather the information needed to draft the Action Plan precisely and relevantly.

It is also mandatory for the Client to attend the meeting, in order to validate the strategy to be followed and the type of actions to be taken by the Client. These decisions are unilateral and belong to the Client. The Company has, and will always have, only the role of expert adviser and drafter. The Client takes responsibility for their decisions and actions, past, present and future. The Company cannot be held liable in any way, at any time, for any financial, moral or legal harm concerning the Client's seller account or listing. The Company's advice is only advice; it is up to the Client to follow it or not.

The final word concerning the seller account or listing will always belong, legitimately and incontestably, to the Marketplace. Follow-up, and therefore any adjustments to the Action Plan, are limited to three attempts over two months.

Limits: Fenchell cannot guarantee the reactivation of the Seller-Client's assets, a decision that rests with the Marketplace in accordance with its internal policies and the laws in force.

Pricing: prices are determined at Fenchell's discretion and vary according to complexity and specific needs. A quote will be provided and the Seller-Client's agreement will be required before execution.

Additional assistance: Fenchell may, where necessary, request the help of Amazon EU SARL or its contacts, without guaranteeing any result. Any assistance is carried out in compliance with the applicable legal and contractual rules.

Legal compliance: all services comply with European Union regulations, in particular the GDPR.

5.2 Seller account creation

5.2.1 Objective

To register the Client's business on a commercial platform. Fenchell acts as an intermediary using the documents provided by the Client, without guaranteeing activation of the account, a decision that rests with the Marketplace.

5.2.2 Guarantees

In the event of non-activation of the seller account, a full refund may be requested between 45 and 90 days after submission of the documents. If the account is subsequently deactivated by the Marketplace, no refund is made, but an Action Plan may be offered for a fee.

5.3 Amazon DTC – SP-API

5.3.1 Purpose of the service

To provide specific answers to the forms required to access restricted roles on Amazon.

5.3.2 Limits

No technical development or programming service is offered. The advice provided does not imply any guarantee of results.

5.3.3 Refund in the event of failure

• Up to 50% of the fee refunded after three refusals linked to the Client's business model or business.
• Full refund if the refusal is due exclusively to the answers provided by Fenchell, subject to written evidence.

5.3.4 Confidentiality and GDPR

Data is processed in accordance with the GDPR, used solely for the service and then deleted or anonymised.

5.4 AMAZON × FENCHELL referral offer

5.4.1 Definition of the service

The AMAZON × FENCHELL Referral Programme consists of putting the Seller-Client in contact with Amazon (a European entity, where applicable Amazon Luxembourg / Amazon EU), in order to allow the Seller-Client to potentially be taken on by a Key Account Manager (KAM) within an Amazon internal programme.

FENCHELL acts solely as a business introducer / connection intermediary. FENCHELL does not influence Amazon's decision, has no power to bind on behalf of Amazon, and guarantees neither the acceptance of the Seller-Client into the programme, nor the assignment of a KAM, nor the obtaining of any benefits.

5.4.2 No remuneration from Amazon – Independence

The Seller-Client acknowledges that:

• FENCHELL is not remunerated by Amazon in respect of this programme;
• Amazon may internally assess the performance of sellers associated with a partner agency, without this creating any obligation of result for FENCHELL;
• the internal operating arrangements (including management by a KAM) fall exclusively within Amazon's remit.

5.4.3 Duration – Amendments / discontinuation by Amazon

Access to the Referral Programme is intended to last three hundred and sixty-five (365) days from activation, subject to Amazon maintaining the programme and to compliance with the applicable Amazon conditions.

The Seller-Client accepts that Amazon may amend, restrict, suspend or discontinue the programme, the conditions and/or any benefits, at any time, with or without notice, without FENCHELL's liability being engaged in this respect.

5.4.4 Obligation of means – No obligation of result

FENCHELL is bound by an obligation of means. The Seller-Client acknowledges that no result is guaranteed, including (without limitation): acceptance into the programme, a response from Amazon, processing times, obtaining a KAM, obtaining benefits, unblocking an account, reactivation, lifting a suspension, recovering stock, restoring the BuyBox or performance.

5.4.5 Potential benefits – Variable and not guaranteed

Benefits, where they exist, are variable, discretionary and decided by Amazon (examples: promotional offers, advertising benefits, studies, temporary adjustments to FBA caps, etc.).

The Seller-Client understands that any benefits remain subject to the conditions imposed by Amazon (available on Seller Central) and that no benefit is owed.

5.4.6 Procedure for escalating an issue to Amazon (escalation)

For any escalation of an issue via the KAM, membership of the Referral Programme is mandatory and the Seller-Client must complete the form: https://www.fenchell.com/en/form-amazon-escalation/

Minimum conditions:

• have already opened a case with Amazon support at least 48 hours ago, which has remained unresolved;
• have attempted, where possible, to obtain a callback from Amazon support;
• provide a complete, clear and verifiable file.

If the conditions are met and the file is workable, FENCHELL will forward the request to the KAM where possible. FENCHELL does not guarantee that Amazon will process the request, nor that a solution will be provided.

5.4.7 Associated support – Scope included – Pricing

The Seller-Client acknowledges that the main value of the Referral Programme lies in the possibility of access to a KAM and in FENCHELL's ability to relay certain matters to that KAM.

The Amazon referral programme is free: onboarding and access to the programme are not billed in addition, and the referral is free for 12 months. Only submissions for Amazon's free advertising (Top Deals / flash sales) are billed at EUR 15 per unit. Coaching sessions remain available on request, at the hourly rate of EUR 100 excl. VAT.

Scope included (with no hourly billing): a quick email round trip to the KAM, understood as:

• 1 concise and structured forwarding email to the KAM (based on the items provided by the Seller-Client), and
• at most 1 simple follow-up, at FENCHELL's discretion.

Beyond this quick email round trip, any in-depth work by FENCHELL relating to organisation, mediation, file preparation/structuring, evidence gathering, rewording, multiple exchanges (emails, calls, video conferences) with Amazon and/or the Seller-Client, as well as any extended follow-up, falls within a coaching service available on request, billed at the hourly rate of EUR 100 excl. VAT.

Coaching billing arrangements:

• billing in 15-minute increments, with a minimum of 30 minutes per intervention;
• the Seller-Client's prior agreement may be given in writing, in particular by email.

5.4.8 No commitment on timeframes (no SLA)

The Seller-Client acknowledges that there is no commitment on timeframes from FENCHELL or Amazon (no SLA), processing depending in particular on the availability of the KAM, the Amazon teams, and the quality of the file submitted. The Seller-Client's notions of urgency create no contractual priority.

5.4.9 Client cooperation – Accuracy of information – Right of refusal / suspension

The Seller-Client undertakes to:

• provide accurate, complete, consistent and verifiable information;
• respond within reasonable timeframes to requests for information;
• comply with Amazon's rules and policies;
• refrain from any falsification, concealment, manipulation of evidence, or behaviour liable to harm the relationship with Amazon.

In the event of an incomplete, inconsistent, unverifiable or abusive file, or in the event of a breach by the Seller-Client, FENCHELL may refuse, suspend or interrupt the escalation, without this giving rise to any compensation. Time already spent and/or billed remains due.

5.4.10 Anti-abuse – Protection of the FENCHELL × Amazon relationship

In order to preserve the working relationship with Amazon, FENCHELL retains control over:

• the frequency and channel of follow-ups,
• the level of detail transmitted,
• and the appropriateness of any escalation.

FENCHELL may refuse any request deemed abusive, aggressive, repetitive, undocumented, contrary to FENCHELL's legitimate interests, or liable to be regarded as harassment or spam towards Amazon/the KAM.

5.4.11 Limits of our services (what FENCHELL does not do)

The Seller-Client acknowledges that FENCHELL is not a "360 agency". In particular, save under a separate contract:

• FENCHELL does not manage the day-to-day operation of Seller Central;
• FENCHELL does not manage advertising campaigns (PPC), nor ongoing optimisation;
• FENCHELL does not produce a complete action plan, exhaustive audit, or overall marketplace strategy (save under a separate quote);
• FENCHELL does not act "in place of" the Seller-Client in their obligations (documents, declarations, validations, Amazon procedures);
• FENCHELL guarantees no unblocking, reactivation, lifting of suspension, nor the obtaining of deals/benefits.

To be put in contact with a partner agency for seller account management / advertising / analysis, the Seller-Client may request FENCHELL: https://cal.com/fenchell/free-meeting-10-min

5.4.12 Financial conditions – Free programme – Refund

• Free of charge: the Amazon referral programme is free. Onboarding and access to the programme are not billed in addition, and the referral is free for twelve (12) months.
• Amazon free advertising submissions: only submissions for Amazon's free advertising (Top Deals / flash sales) are billed at EUR 15 per unit.
• Coaching: coaching sessions remain available on request, at the hourly rate of EUR 100 excl. VAT. Any coaching service already provided remains due and is non-refundable.

5.4.13 Confidentiality – Data protection – Authorisation to transmit

The Seller-Client's data is processed in accordance with the GDPR and remains hosted within the European Union. The Seller-Client authorises FENCHELL to transmit to Amazon's European entity and/or to the KAM the information strictly necessary for the connection and the processing of requests (including, where applicable, supporting documents and contextual items), and acknowledges that Amazon may process this data in accordance with its own policies.

5.4.14 Evidence – Archiving of exchanges

The Seller-Client authorises FENCHELL to retain the forms, emails, reports and exchanges relating to the Referral Programme, for the purposes of follow-up, evidence, compliance and dispute management, for the duration of performance of the contract. The corresponding personal data is deleted within approximately fifteen (15) days after the end of the contractual relationship, subject to legal and accounting documents retained in accordance with the applicable Bulgarian legal obligations (see the "Protection of personal data" section).

5.4.15 Non-circumvention – Non-impersonation – Protection of FENCHELL

The Seller-Client undertakes not to:

• solicit or follow up with the KAM "on behalf of FENCHELL", or present themselves as mandated by FENCHELL, without written agreement;
• use the exchanges or access to the KAM to circumvent FENCHELL on a matter in which FENCHELL is engaged (organisation / mediation / escalation).

Any circumvention, impersonation or conduct harming FENCHELL may result in the immediate interruption of the service, without prejudice to the sums due.

5.4.16 Liability – Cap – Exclusions

FENCHELL's liability, on all grounds combined, is strictly limited to the amount actually paid by the Seller-Client in respect of the Referral Programme over the last twelve (12) months.

Excluded, to the fullest extent permitted, are indirect damages and loss of business, including in particular: loss of turnover, loss of margin, loss of BuyBox, advertising losses, stock losses, FBA fees, penalties, loss of earnings, damage to the image of the seller account, or any consequence of an Amazon decision.

5.4.17 Governing law – Competent jurisdiction

The AMAZON × FENCHELL Referral Programme is governed by Bulgarian law. Any dispute relating to its interpretation, performance or validity falls within the exclusive jurisdiction of the Bulgarian courts, save for any mandatory provision to the contrary.

5.5 Fenchell Consulting

5.5.1 Definition of the service

Fenchell, through members of its team or external providers duly remunerated for this task, offers access to consulting experts. These services are accessible against a payment made via the form www.cal.com or directly via www.fenchell.com.

5.5.2 Purchase conditions and use

The prices of consulting services vary according to the time spent with each expert and the type of advice provided. A personalised quote will be offered according to the Seller-Client's specific needs.

5.5.3 Pricing

Prices are set according to the duration of the consultation and the nature of the advice provided. Prices will be communicated to the Seller-Client before the service booking is confirmed.

5.5.4 Refund policy

Where the Client is a professional, no refund can be made once the consulting service has been fully performed. Where the Client is a consumer within the meaning of these terms, they have the fourteen (14) day right of withdrawal provided for in the "Right of withdrawal (consumers)" article below; this right is exercised under the conditions and with the exceptions described therein, in particular where the service has been fully performed with the consumer's express agreement before the end of the withdrawal period.

5.5.5 Confidentiality

All information entrusted by the Seller-Client to the expert is kept strictly confidential on a permanent basis. Fenchell undertakes not to disclose any information without the Seller-Client's explicit consent, unless required by law.

5.5.6 Limits and liabilities

Fenchell and its experts provide advice based on their expertise, but do not guarantee any specific result. The Seller-Client is solely responsible for the use of the advice received.

5.6 Affiliation with Fenchell partners

5.6.1 Definition of the service

Fenchell offers connection with its partners directly or via forms. This service allows Clients to access the offers and services of our commercial partners.

5.6.2 Connection

The connection may be made directly via the website www.fenchell.com or through specific forms provided by Fenchell.

5.6.3 Limitation of liability

Fenchell is not responsible for the services provided by its partners. The services and products offered by partners are governed by their own terms and conditions. Fenchell disclaims all liability in the event of a dispute, failure of performance or non-conformity of the services offered by partners.

5.6.4 Prices and amendments

The prices of the services and products offered by partners are subject to change at our partners' discretion. These prices may be consulted directly on the partners' sales website or obtained through their direct sales by email or telephone.

5.6.5 Legal compliance

Fenchell ensures that its partners comply with the regulations in force in Bulgaria, in the European Union and with international standards. However, responsibility for the compliance of the services provided by the partners rests exclusively with them.

5.6.6 Confidentiality and data protection

When connecting with partners, the Client's personal data is shared solely within the framework of the services requested and in accordance with the GDPR. Fenchell ensures that its partners comply with confidentiality and data protection obligations.

5.6.7 Acceptance of the partners' terms

By using the affiliation service, the Client agrees to comply with the partners' terms and conditions, which prevail over these Terms with regard to the specific services provided by those partners.

GDPR

6. Protection of personal data

Fenchell undertakes to protect your personal data in accordance with the General Data Protection Regulation (GDPR). For any question relating to data protection, you may contact our dedicated point of contact at the following address: contact@fenchell-team.com. To find out more, please consult our Privacy Policy.

As Fenchell is established in Bulgaria, the supervisory authority competent for personal data protection is the Commission for Personal Data Protection (Комисия за защита на личните данни — CPDP / КЗЛД):

Any resident of the European Union may also lodge a complaint with the supervisory authority of their own Member State.

7. Amendments to the terms and conditions

Fenchell reserves the right to amend these Terms at any time without notice. Amendments take effect upon their publication on the website. It is recommended that you check this page regularly to stay informed of updates.

8. Termination

You may terminate your use of the website at any time by ceasing to use the website and destroying any downloaded material. Fenchell may terminate your access in the event of non-compliance with the Terms, after warning and where the breaches persist.

9. Limitation of liability

Obligation of means. For all of its services, Fenchell is bound by an obligation of means and not of result: it undertakes to apply all the care and diligence reasonably expected of a professional, without guaranteeing the achievement of a given result, which may depend on third parties (in particular the Marketplaces) or on factors beyond its control.

Scope of contractual liability. Among the services described in Article 5, only the AMAZON × FENCHELL Referral service comes with its own contractual liability framework, the cap of which is set under the conditions of Article 5.4.16 (amount paid in respect of this programme over the last twelve (12) months). For the other services, Fenchell acts as service provider and facilitator (intermediary, business introducer, drafter or expert adviser as the case may be), without entering into an equivalent liability commitment as to the result obtained from third parties (in particular the Marketplaces or partners), the refund arrangements specific to each service remaining governed by Article 5.

Fenchell cannot be held liable for indirect damages resulting from the use of, or inability to use, the website or the services offered, including loss of profits, data or other intangible losses. Nothing in these terms shall exclude or limit Fenchell's liability in cases where the applicable law prohibits it, in particular towards a consumer Client.

10. Force majeure

Fenchell will not be liable for delays or failures in the performance of its obligations in the event of force majeure, including but not limited to natural disasters, interruptions to Internet services, decisions of third parties (including Amazon EU SARL), or any other event beyond Fenchell's reasonable control.

11. Governance and dispute resolution

11.1 Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Bulgaria. Any dispute relating to their interpretation, performance or validity will be submitted to the exclusive jurisdiction of the courts of Plovdiv, Bulgaria, subject to the more favourable mandatory provisions that a consumer Client may benefit from in their State of residence.

11.2 Waiver of class actions

The Client waives, to the extent permitted by law, any class or collective action against the Company; any dispute will be handled individually and exclusively between the Client and the Company.