Terms and Conditions

Terms and Conditions of Use

Last Updated: February 21, 2025

Welcome to the website of Fenchell Capital LTD (hereinafter referred to as “Fenchell”). By accessing and using this website, you agree to comply with these Terms and Conditions of Use (hereinafter “TCU”). If you do not accept these terms, please do not use this website.

Definitions of Contract Terms
Acceptance of the General Terms
Intellectual Property
Use of the Website
Offered Services
Personal Data Protection
Modifications to the Terms
Termination
Limitation of Liability
Force Majeure
Governance and Dispute Resolution
Contact

1. Definitions of Contract Terms

To facilitate the understanding of these TCU, the following terms are defined as follows:

The Company: Refers to Fenchell Capital LTD and its team.
The Client / Seller-Client: Refers to any individual or legal entity paying for services through the website www.fenchell.com.
Marketplace / Marketplaces: Refers, without limitation, to the following platforms: AMAZON, CDISCOUNT, FNAC, DARTY, EMAG, EBAY, FRUUGO, ALIEXPRESS, WALMART, MANO-MANO.
Listing / Product Page / Advertisement: Refers to a product page written and hosted on a Marketplace, used to list a product for sale. The terms “Listing,” “Product Page,” or “Advertisement” also refer to the product itself. Therefore, reactivating a listing means that the product is available for sale again.
The Action Plan: Refers to an appeal letter, a physical or digital document, usually 2 to 5 pages long, written to be submitted to a Marketplace so that it may reactivate one or more seller accounts and/or one or more listings.
Service: Refers to any service provided by Fenchell through the website www.fenchell.com, including but not limited to: Action Plan, Account Creation, Amazon DTC – SP-API, Amazon Referral Offer, Sale of PROXIFIER Keys, Fenchell Consulting, and Partnership Affiliations.
User: Refers to any person accessing Fenchell’s website, including the Client, Seller-Client, and visitors.
Service Provider: Refers to a Fenchell partner external to Fenchell, with no other relationship than a commercial partnership, which may or may not allow Fenchell to receive commissions on the sale of services performed through Fenchell’s intermediary.

2. Acceptance of the General Terms

By accessing the website https://www.fenchell.com, you acknowledge that you have read, understood, and accepted these Terms and Conditions of Use (TCU) in their entirety. The use of the website is subject to your unconditional acceptance of these terms.

3. Intellectual Property

3.1 Copyrights

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

3.2 Use of Content

You are permitted to view and print excerpts from the website for personal and 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 prior written authorization from Fenchell is strictly prohibited.

3.3 Trademarks

Fenchell’s trademarks, logos, and distinctive signs are protected and may not be used without prior written authorization.

4. Use of the Website

4.1 License to Use

Fenchell grants you a limited, non-exclusive, and non-transferable license to access and use the website in accordance with these Terms and Conditions of Use (TCU). This license is personal and non-commercial.

4.2 Usage Restrictions

You agree not to:

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

5. Offered Services

5.1 Action Plan

5.1.1 Purpose of the Service

The purpose of the “Action Plan” service is to increase the probability of reactivating the seller’s account or listing. As with lawyers representing clients before a judge, the Company cannot guarantee the reactivation of the Client’s assets. This decision exclusively belongs to the Marketplace, which acts according to its internal policies and applicable laws.

This service should be understood for what it is: an expert analysis aimed at identifying a set of errors committed by the Client – or assumed by the Marketplace – drafting an Action Plan in the appropriate language, and finally, submitting this document by the Client themselves to the respective 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, provide 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 outlined in the Action Plan and any written guidelines provided by the Company during the process.
The Client must demonstrate that they comply with the rules of the Marketplaces where they intend to do business.
The Client must have taken corrective measures to address the issues identified as the source of the conflict with the Marketplace.
The Client must have submitted the Action Plan to the Marketplace on a regular basis.

The Client can request a refund no earlier than 30 days after receiving the Action Plan and no later than 60 days after receipt.

If the Client hides or omits information that could affect the Company’s analysis and the Action Plan, or if they fail to make the necessary corrections to comply with Marketplace rules, the Company reserves the right to refuse the refund.

If the Marketplace requests additional proof, supporting documents, technical justifications, audit reports, signed contracts, invoices, or any other document beyond the Action Plan, the Company cannot be held responsible for the outcome. If the Marketplace rejects the Action Plan as is, a refund cannot be issued.

Additionally, if the reason for the violation initially reported by the Client differs from the one identified by the Marketplace, the Company is entitled to refuse to restart the Action Plan and issue a refund. At its discretion, the Company may restart or modify the Action Plan or offer the Client a paid service to revise or create a new Action Plan that aligns with the actual violation reported.

5.1.3 Process and Liability Disclaimer

Generally, the Client contacts the Company via its website www.fenchell.com for information. After an initial consultation and completion of a digital form, the Client may choose to proceed with the Company, which will then send an invoice or provide a payment link via the website.

Once the purchase is made, the Client will receive:

A first email confirming the purchase and outlining the next steps.
A second email containing a download link for the invoice related to the Action Plan.

The Company may request a phone or video conference with the Client to clarify the seller account or listing situation. If requested in writing, this meeting is mandatory, as it allows the Company to collect the necessary details to draft an accurate and effective Action Plan.

The Client must also attend the meeting to validate the strategy and course of action. These decisions are solely the Client’s responsibility. The Company acts only as an expert consultant and writer. The Client is responsible for their past, present, and future decisions and actions. The Company cannot be held liable, at any time, for any financial, moral, or legal damages related to the Client’s seller account or listing. The Company’s recommendations are advisory only, and it is up to the Client to follow them or not.

The final decision regarding the seller account or listing will always, legitimately and indisputably, belong to the Marketplace. Follow-ups and potential Action Plan adjustments are limited to three attempts within two months.

Refund Conditions:

Limitations: Fenchell cannot guarantee the reactivation of the Client’s assets, as this decision belongs exclusively to the Marketplace, which follows its internal policies and applicable laws.
Pricing: Fees are determined at Fenchell’s discretion and vary based on the complexity and specific needs of the case. A quote will be provided, and Client approval is required before execution.
Additional Assistance: If necessary, Fenchell may seek support from Amazon EU SARL or its contacts, but without guaranteeing a result. All assistance is provided in compliance with legal and contractual regulations.
Legal Compliance: All services adhere to the regulations of the European Union, including the GDPR (General Data Protection Regulation).

5.2 Seller Account Creation

5.2.1 Objective:

Register the Client’s company on a commercial platform. Fenchell acts as an intermediary using the documents provided by the Client but does not guarantee account activation, as this decision belongs to the Marketplace.

5.2.2 Guarantees:

If the seller account is not activated, the Client can request a full refund between 45 and 90 days after submitting the documents.
If the account is later deactivated by the Marketplace, no refund will be issued, but an Action Plan can be offered as a paid service.

5.3 Amazon DTC – SP-API

5.3.1 Service Objective:

Provide specific responses to Amazon’s forms to help Clients gain access to restricted roles on the platform.

5.3.2 Limitations:

No technical development or programming services are provided.
The advice offered does not guarantee any outcome.

5.3.3 Refund in Case of Failure:

Up to 50% refund if the Client receives three refusals due to their business model or company structure.
Full refund if the rejection is solely due to the responses provided by Fenchell, subject to written proof.

5.3.4 Confidentiality & GDPR Compliance:

Data is processed in accordance with the GDPR, used only for the service, and is later deleted or anonymized.

5.4 Amazon Referral Offer

5.4.1 Service Definition:

Facilitating a connection between a Seller-Client and Amazon EU SARL for a business partnership program. Fenchell acts as a business introducer and does not influence Amazon’s acceptance decision.

5.4.2 Duration & Support:

The program is valid for 365 days, provided that Amazon EU SARL maintains it.
Fenchell provides operational and strategic support, which is charged based on current rates with prior Client approval.

5.4.3 Financial Conditions & Refund Policy:

Registration Fees: The initial price is disclosed to the Seller-Client before the service is executed.
Refund in Case of Rejection: If Amazon EU SARL declines the Client’s profile, a full refund will be issued within 15 days, provided a valid written request is submitted.

5.4.4 Confidentiality & Data Protection:

Data is processed in compliance with the GDPR and will not be shared with third parties without explicit authorization.

5.5 Sale of PROXIFIER Keys

5.5.1 Service Definition:

Fenchell sells activation keys for the PROXIFIER software. PROXIFIER has an agreement with Fenchell to offer these keys at a competitive price.

5.5.2 Purchase Conditions:

The terms and conditions for purchasing PROXIFIER keys are governed by the official website of PROXIFIER: https://www.proxifier.com/docs/. By purchasing a PROXIFIER key through fenchell.com, the Client agrees to comply with the terms set by PROXIFIER.

5.5.3 Support:

For any questions or issues related to the PROXIFIER tool or key activation, the Client must contact PROXIFIER support directly at: support.proxifier.com.

5.5.4 Limitations & Liabilities:

Fenchell acts solely as an intermediary for the sale of PROXIFIER keys and cannot be held responsible for any technical issues, software limitations, or terms of use related to PROXIFIER. Any technical support requests must be directed exclusively to PROXIFIER.

5.6 Fenchell Consulting

5.6.1 Service Definition:

Fenchell, through its in-house experts or external consultants, provides specialized consulting services. These services can be booked and paid for through www.cal.com or directly via www.fenchell.com.

5.6.2 Purchase Conditions & Usage:

Consulting fees vary depending on the expert’s time spent and the type of advice provided.
A customized quote is given based on the Client-Seller’s specific needs.

5.6.3 Pricing:

Fees are determined by consultation duration and complexity.
Prices are disclosed to the Client-Seller before confirming the service booking.

5.6.4 Refund Policy:

No refunds are issued after the Client makes a payment, regardless of the reason.

5.6.5 Confidentiality:

All information shared by the Client-Seller with Fenchell’s experts remains strictly confidential.
Fenchell will not disclose any data without the Client-Seller’s explicit consent, except when required by law.

5.6.6 Limitations & Liabilities:

Fenchell and its consultants provide expert advice but do not guarantee any specific results.
The Client-Seller is solely responsible for how they apply the advice received.

5.7 Partnership Affiliate Program

5.7.1 Service Definition:

Fenchell facilitates connections between Clients and its business partners, either directly or through specific forms. This service allows Clients to access exclusive offers and services from Fenchell’s partner network.

5.7.2 Connection Process:

Clients can be introduced to partners directly via www.fenchell.com or via specific forms provided by Fenchell.

5.7.3 Liability Limitation:

Fenchell is not responsible for the services provided by its partners.
All services and products offered by partners are governed by their own terms and conditions.
Fenchell declines responsibility in case of disputes, service failures, or non-compliance by its partners.

5.7.4 Pricing & Modifications:

Pricing for partner services and products is subject to change at the sole discretion of Fenchell’s partners.
Clients can find current prices on partner websites or request them via direct communication (email/phone).

5.7.5 Legal Compliance:

Fenchell ensures that its partners comply with regulations in Bulgaria, the EU, and international standards.
However, partners remain fully responsible for the legal compliance of their services.

5.7.6 Confidentiality & Data Protection:

Client personal data is shared only within the scope of requested services and in compliance with the GDPR.
Fenchell ensures that partners uphold confidentiality and data protection obligations.

5.7.7 Acceptance of Partner Terms:

By using Fenchell’s affiliation service, the Client agrees to comply with the partner’s general terms, which supersede these TCU regarding the specific services provided by partners.

5.8 Compliance Subsciption

Article 1: Service Purpose

This contract defines the conditions under which the Company, a compliance firm, provides the Seller-Client with a protection and periodic verification service for seller accounts on Amazon Marketplaces.
The purpose of this service is to ensure compliance of seller accounts and associated documents to prevent suspensions or sanctions by Amazon.

Article 2: Definitions

Marketplace(s): The Amazon platform(s) where the Seller-Client operates their business (e.g., France, Spain, USA, etc.).
Visit: A periodic inspection conducted by the Company on the Seller-Client’s account via Amazon Seller Central.
Required Documents: All legal, administrative, financial, or commercial documents required by Amazon or the Company to ensure seller account compliance, including but not limited to ID documents, proof of address, pro forma invoices, product compliance certificates, etc.

Article 3: Subscription Terms & Pricing

3.1. Marketplace Selection

At the time of the initial order, the Client selects the number of Marketplaces they want to be inspected.

Base price: €25 per visit, including one Marketplace.
Each additional Marketplace: +€5 per Marketplace.

Example: If the Client chooses 3 Marketplaces (France, Spain, USA), the cost per visit will be €35 (€25 + €5 + €5).

3.2. Visit Frequency

The Client can choose between 1 and 31 visits per month, depending on their needs.

Example: For 4 monthly visits covering 3 Marketplaces, the total cost will be €140 (€35 × 4).

3.3. Monthly Subscriptions

Subscriptions are billed monthly.
The Client must prepay the total amount due for the upcoming month.
Example: If the Client selects 4 visits per month for a total of €140, this amount must be paid before the start of the relevant month.

3.4. Subscription Changes

Any modification (increase or decrease in the number of visits or Marketplaces) must be requested in writing via email to the Company.
The Company will update the Client’s subscription upon receipt of the request and adjust the billing for the following month.
No refunds will be issued for already paid but unused visits.

3.5. Payment

All subscriptions are prepaid.
The Client must pay in full via Credit Card before the Company starts its services.
Non-payment of an invoice will result in the immediate suspension of the visits until the debt is settled.

Article 4: Connection to Seller Central

After the first subscription payment, the Company will request access to the Seller-Client’s Seller Central account via Amazon Marketplace Connection (AMC) under the Amazon SPN (Service Provider Network).
The connection is established after the Client accepts an email invitation sent by the Company.
Once access is granted, the Company will begin interventions on the scheduled date as per the subscription.

Disconnection:

The Client is fully responsible for disconnecting the Company from their Seller Central account.
The Company is not liable for any consequences resulting from an incorrect or delayed disconnection.

Article 5: Scheduling and Execution of Visits

5.1. Fixed Dates

Visit dates are set at the time of subscription and remain unchangeable.
For example, if the Company schedules a visit every 4th of the month, this schedule will be strictly followed.

5.2. Duration of a Visit

Each visit lasts approximately 20 to 60 minutes, divided as follows:

5 minutes for the initial connection to the Seller Central account.
Variable time for analysis, verification, and corrections, depending on the number of Marketplaces and workload.
5 minutes for report writing and submission to the Client.

If the work exceeds the allocated time, the Company will contact the Client to propose an additional quote for the extra work.

5.3. Nature of Visits

The visits primarily involve verification and, if necessary, corrections of non-compliant elements.
If no corrections are needed, the Company’s work is still considered valid, as it has fulfilled its contractual obligation by auditing the key strategic areas of the Seller account.

5.4. Seller Account Suspension

In the event of seller account suspension, the Company may continue interventions, but the nature of the work may change.
At the Client’s request, the Company can focus on identifying the cause of the suspension and attempt to resolve it within the scope of the scheduled visits.
However, if unlocking the account requires specific actions or additional work, a separate contract will be required.
In such a case, the Protection Service subscription may be suspended until the account is reactivated.

5.5. Initial General Visit

Upon the first connection to Seller Central, the Company will conduct a comprehensive general visit to assess the Seller account’s status.
The Client must promptly provide all required documents requested by the Company.
These documents will be securely stored for the duration of the contract and destroyed upon termination of the contract and subscription.
If the Client subscribes again in the future, they will be required to resubmit the necessary documents.

5.6. Liability in Case of Client Non-Cooperation

If the Client does not grant access to the Company or fails to provide the requested documents within the required timeframe, preventing the Company from carrying out its tasks (verifications, corrections, document submissions, etc.), the Company cannot be held responsible.
In such cases, no interventions will be performed, and no refund will be issued by the Company.

Article 6: Limited Warranty

The Company is committed to delivering its services with diligence and professionalism. However, it does not guarantee any specific outcome regarding Amazon’s decisions, particularly concerning the suspension or reactivation of seller accounts. The actions taken by the Company are solely intended to maximize the Client’s compliance and maintain account stability.

Article 7: Responsibilities

7.1. Company’s Responsibility

The Company undertakes to act diligently and professionally in fulfilling its assigned tasks. However, it shall not be held liable for:

Consequences arising from incorrect or incomplete documents provided by the Client.
Decisions made by Amazon following actions undertaken by the Company within its scope of expertise.
Unforeseen issues unrelated to the Company’s intervention or pre-existing issues prior to the intervention.
Suspensions or sanctions imposed by Amazon after an intervention, even if the suspension occurs shortly after a visit.

7.2. Client’s Responsibility

The Client agrees to:

Provide accurate and up-to-date information and documents.
Pay the required fees within the stipulated deadlines.
Actively collaborate with the Company to resolve any issue requiring intervention.
Refrain from engaging other service providers or making direct modifications to their seller account during the Company’s intervention period, unless prior written consent is obtained.

Article 8: Mutual Confidentiality

Both parties agree to strictly maintain confidentiality regarding all exchanged information within this contract. Any unauthorized disclosure of confidential information by either party will result in contractual and/or legal sanctions.

Article 9: Force Majeure

The Company shall not be held liable for any delays or service interruptions caused by circumstances beyond its control, including but not limited to:

Technical failures
Cyberattacks
Changes in Amazon’s policies or regulations
Natural disasters
Strikes
Any other force majeure events

Article 10: Scope of Services

The Amazon Seller Account Protection Service offered by the Company is strictly limited to:

Verification, correction, and management of administrative and compliance aspects related to the Client’s Amazon seller account.

This service does not include:

Reviewing product listings, descriptions, images, pricing, or subsequent product modifications.

For such requests, the Client must subscribe to additional services or contact the Company for a customized quote.

Article 11: Termination

The Client may terminate their subscription at any time, provided they respect a 30-day notice period. The termination will take effect at the end of the current billing period. No refunds will be issued for completed visits.
The Company also reserves the right to terminate the contract with 30 days’ notice, at its own discretion, without the obligation to provide justification.
As part of its partnerships with Amazon through the SPN program, the Company may decide to end commercial relationships with a Client without justification, in order to protect its partners, other Clients, and the Company itself.
If the Client exhibits inappropriate, abusive, threatening, or discriminatory behavior, the Company reserves the right to terminate the contract immediately, without notice or refund.

Article 12: Unilateral Modification of Terms

The Company reserves the right to modify these terms at any time.
Modifications will take effect upon publication on the Company’s website.
The Client will be informed via email and will continue to receive services upon acceptance of the updated terms.
If the Client disagrees with the modifications, they may terminate their subscription under the standard termination conditions.

Article 13: Final Provisions

These terms and conditions are an integral part of the General Terms and Conditions available on Fenchell.com.
Any dispute related to this contract shall be submitted to the competent courts in the Company’s jurisdiction, located in [specify country/city]. The Client expressly accepts this jurisdiction, even in cases of cross-border disputes.
The Client expressly waives any collective or group action against the Company. All disputes must be handled individually between the Client and the Company.

Article 14: Personal Data Protection

In providing its services, the Company may collect and process the Client’s personal data.
This data will be processed in compliance with the GDPR and applicable data protection laws.
The Client agrees that their data will be used exclusively for contract execution and commits to informing the Company of any changes to their personal information.

Article 15: Tax and Regulatory Obligations

The Company is not responsible for the Client’s tax, customs, or regulatory obligations.
The Client must ensure that all their Amazon Marketplace activities comply with applicable tax and regulatory laws.

Article 16: External Technical Interruptions

The Company is not liable for service disruptions caused by Amazon’s modifications to its tools, policies, or APIs, including restricted access to Seller Central via AMC.
In case of an external technical interruption, the Company will attempt to resume services as soon as possible but cannot be held responsible for delays or interruptions beyond its control.

Article 17: Communication and Response Times

All communications between the Company and the Client will be conducted exclusively via email, using the address provided at subscription.
The Client must regularly check their email and respond within a reasonable timeframe.
If the Client fails to respond within five (5) business days, the Company will consider that the Client has temporarily abandoned their obligation to cooperate and will suspend services until a response is received.

Article 18: Sanctions in Case of Fraud

If the Client commits fraud, provides false information, or intentionally omits relevant details, the Company reserves the right to immediately terminate the contract without a refund.
The Company may also pursue legal action, and the Client agrees to indemnify the Company for any damages suffered due to such fraudulent activities.

Acceptance of the Terms

By subscribing to the Amazon Seller Account Protection Service, the Client acknowledges having read, understood, and fully accepted these general terms and conditions.

6. Personal Data Protection

Fenchell is committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR).
The Data Protection Officer (DPO) can be contacted at: contact@fenchell-team.com.
For more details, please refer to our Privacy Policy.

7. Modifications to the Terms and Conditions

Fenchell reserves the right to modify these Terms and Conditions of Use (TCU) at any time without prior notice.
Changes take effect immediately upon publication on the website.
We recommend checking this page regularly to stay informed about updates.

8. Termination

You may terminate your use of the website at any time by stopping usage and deleting any downloaded materials.
Fenchell may terminate your access in case of violations of the TCU, after a warning and if the violations persist.

9. Limitation of Liability

Fenchell shall not be held liable for direct or indirect damages resulting from the use or inability to use the website or services, including:

Loss of profits
Loss of data
Other intangible losses

10. Force Majeure

Fenchell shall not be responsible for delays or failures in service due to force majeure events, including but not limited to:

Natural disasters
Internet service interruptions
Decisions by third parties (including Amazon EU SARL)
Any other event beyond Fenchell’s reasonable control

11. Governance and Dispute Resolution

11.1. Governing Law

These TCU are governed by the laws of the Republic of Bulgaria.
Any dispute regarding the interpretation or enforcement of the TCU shall be submitted to the competent courts of Plovdiv, Bulgaria, unless otherwise agreed by the parties.

11.2. Arbitration

In case of a dispute, the parties agree to arbitration through the International Chamber of Commerce and World Business Organization (ICCWBO).
The decisions made through arbitration shall be final and binding.

12. Contact

📧 Email: contact@fenchell-team.com
🏢 Address: FENCHELL CAPITAL LTD, boulevard Maritsa 95, Plovdiv, BULGARIA

By using our website, you acknowledge that you have read and understood these Terms and Conditions of Use (TCU) and agree to comply with them.
Fenchell is committed to providing a secure, transparent, and legally compliant experience.