Terms and Conditions

Terms of Use
Last updated: December 14, 2024

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

Table of Contents

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

1. Definitions of Contract Terms

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

The Company: Refers to Fenchell Capital LTD and its team.
Client / Selling Client: Refers to any individual or legal entity paying for services via 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: Refers to a product page created and hosted on a Marketplace, used to list a product. By “Listing” or “Product Page”, we also mean the product itself. Thus, reactivating a listing means the product is available for sale again.
Action Plan: Refers to a letter of appeal, a physical or digital document, generally 2 to 5 pages, drafted to be submitted to a Marketplace, so that it can reactivate one or more seller accounts and/or one or more listings.
Service: Refers to any service provided by Fenchell via the site www.fenchell.com, including but not limited to: Action Plan, Account Creation, Amazon DTC – SP-API, Amazon Referral Offer, PROXIFIER Keys Sale, Fenchell Consulting, and Affiliation with Fenchell Partners.
User: Refers to any person accessing Fenchell’s website, including Clients, Selling Clients, and visitors.
Provider: Refers to a Fenchell partner, external to Fenchell and having no other connection than a commercial partnership that may allow Fenchell to receive commissions on services sold through Fenchell.

2. Acceptance of the General 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 site is conditioned upon your unconditional acceptance of these terms.

3. Intellectual Property
3.1 Copyright

All content present on Fenchell’s site, including but not limited to texts, 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 authorized to view and print excerpts from the site for personal and non-commercial purposes. Any reproduction, distribution, transmission, display, performance, publication, modification, adaptation, translation, or commercial exploitation of any part of the site’s content, without Fenchell’s prior written permission, is strictly prohibited.

3.3 Registered Trademarks

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

4. Use of the Site
4.1 License for Use

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

4.2 Usage Restrictions

You agree not to:

Use the site 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 site’s content for commercial purposes.

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 probability of reactivation of the Client-Seller’s account or listing. Like lawyers representing a client before a judge, the Company cannot absolutely guarantee the reactivation of the Client’s assets. This competence rightfully belongs to the Marketplace, which acts according to its internal policies and in compliance with applicable laws. This service should be understood as it is, that is, an expertise that highlights a number of errors made by the Client – or assumed by the Marketplace – drafting an action plan in the appropriate language, and finally sending this document, by the Client themselves, to the 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 with 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 provided in writing by the Company during various exchanges.
The Client must demonstrate compliance with the rules of the Marketplaces on which they wish to do business.
The Client must have taken measures to correct the situation identified as the source of conflict with the Marketplace.
The Client must have regularly sent the Action Plan to the Marketplace.

The Client can request a refund for the Action Plan from the Company no earlier than 30 days after receiving their Action Plan and no later than 60 days after receiving it.

If the Client hides or omits information that could disrupt the expertise carried out by the Company and embodied by the Action Plan, or does not make the necessary corrections to comply with the rules of the Marketplaces on which they sell or wish to sell, the Company is entitled to refuse the refund of the Action Plan to the Client.

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

Furthermore, if the reason for the fault reported by the Client at the beginning of the Action Plan process differs from that reported by the Marketplace, the Company is entitled to refuse to restart the Action Plan and to refund the purchase. At its discretion, it may restart the Action Plan or make modifications to it, or offer the Client, for a fee, to rework or restart an Action Plan aimed at rectifying the initial Action Plan and addressing the appropriate fault.

5.1.3 Process and Exemption

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

Once the purchase is made, the Client receives a first confirmation email from the Company, outlining the steps to follow, as well as a second email containing a download link for the invoice of the Action Plan purchase. The Company may request a telephone or videoconference interview with the Client to clarify the situation of the seller account or listing. This interview, if requested in writing by the Company to the Client, is mandatory as it will gather the necessary information for the precise and relevant drafting of the Action Plan.

It is also mandatory that the Client attend the meeting to validate the strategy to follow and the type of actions to undertake. These decisions are unilateral and belong to the Client. The Company has, and will always have, only a role of advisor-expert and drafter. The Client takes responsibility for their past, present, and future decisions and actions. The Company cannot be held responsible in any way, at any time, for any financial, moral, or legal damage 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 regarding the seller account or listing will always, legitimately, and indisputably belong to the Marketplace. Follow-up, and thus any adjustments to the Action Plan, are limited to three attempts over two months.

Conditions for Refund:

Limits: Fenchell cannot guarantee the reactivation of the Client-Seller’s assets, as this decision rests with the Marketplace according to its internal policies and applicable laws.
Pricing: Fees are determined at Fenchell’s discretion and vary based on complexity and specific needs. A quote will be provided, and the Client-Seller’s agreement is required before execution.
Additional Assistance: Fenchell may, if necessary, seek assistance from Amazon EU SARL or its contacts, without guaranteeing results. All assistance is carried out in compliance with legal and contractual rules.
Legal Compliance: All services comply with European Union regulations, notably GDPR.

5.2 Account Creation
5.2.1 Objective:

Register the Client’s business on a commercial platform. Fenchell acts as an intermediary with the documents provided by the Client, without guaranteeing the account activation, as this decision rests with the Marketplace.

5.2.2 Guarantees:

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

5.3 Amazon DTC – SP-API
5.3.1 Purpose of the Service:

Provide specific responses to forms to access restricted roles on Amazon.

5.3.2 Limitations:

No technical development or programming services are offered. The advice provided carries no guarantee of results.

5.3.3 Refund in Case of Failure:

Up to 50% of fees refunded after three refusals related to the Client’s business model or company.
Full refund if the refusal is due exclusively to responses provided by Fenchell, subject to written proof.

5.3.4 Confidentiality and GDPR:

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

5.4 Amazon Referral Offer
5.4.1 Service Definition:

Connecting a Selling Client with Amazon EU SARL for a commercial program. Fenchell acts as a business introducer without influencing Amazon’s acceptance decision.

5.4.2 Duration and Assistance:

The program is active for 365 days, subject to maintenance by Amazon EU SARL. Fenchell provides operational and strategic support, billed according to current rates with the Client’s prior agreement.

5.4.3 Financial Conditions and Refund:

Registration Fees: The initial price is communicated to the Selling Client before service execution.
Refund in Case of Refusal: If Amazon EU SARL refuses the profile, a full refund will be made within 15 days, subject to a valid written request.

5.4.4 Confidentiality and Data Protection:

Data is processed in accordance with GDPR and not disclosed to third parties without explicit authorization.

5.5 PROXIFIER Keys Sale
5.5.1 Service Definition:

Fenchell sells activation keys for the PROXIFIER software. PROXIFIER has a contract 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 conditions of the key owner’s website: https://www.proxifier.com/docs/. By purchasing a PROXIFIER key via fenchell.com, the Client agrees to comply with the conditions outlined by PROXIFIER.

5.5.3 Support:

For any questions or issues regarding the PROXIFIER tool or activating a key purchased via fenchell.com, the Client must contact PROXIFIER support directly at: support.proxifier.com.

5.5.4 Limitations and Responsibilities:

Fenchell acts solely as an intermediary for the sale of PROXIFIER keys and cannot be held responsible for technical issues, limitations, or usage conditions of PROXIFIER. Any technical assistance or support related to PROXIFIER must be addressed directly to PROXIFIER.

5.6 Fenchell Consulting
5.6.1 Service Definition:

Fenchell, through its team members or externally contracted providers duly compensated for this task, offers the provision of consulting experts. These services are accessible for a fee via the cal.com form or directly via fenchell.com.

5.6.2 Purchase and Usage Conditions:

Consulting service fees vary based on the time spent with each expert and the type of advice provided. A personalized quote will be offered based on the Client-Seller’s specific needs.

5.6.3 Pricing:

Fees are based on the duration of the consultation and the nature of the advice provided. Prices will be communicated to the Client-Seller before confirming the service booking.

5.6.4 Refund Policy:

No refunds can be made after the Client’s payment, for any reason.

5.6.5 Confidentiality:

All information provided by the Client-Seller to the expert is kept strictly confidential permanently. Fenchell commits not to disclose any information without the explicit consent of the Client-Seller, unless required by law.

5.6.6 Limitations and Responsibilities:

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

5.7 Affiliation with Fenchell Partners
5.7.1 Service Definition:

Fenchell offers connections with its partners directly or through forms. This service allows Clients to access offers and services from our commercial partners.

5.7.2 Connection Process:

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

5.7.3 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 declines any liability in case of disputes, service deficiencies, or non-compliance of services offered by partners.

5.7.4 Pricing and Modifications:

The prices of services and products offered by partners are subject to change at the partners’ discretion. These prices can be viewed directly on the partners’ sales sites or obtained through their direct sales via email or phone.

5.7.5 Legal Compliance:

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

5.7.6 Confidentiality and Data Protection:

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

5.7.7 Acceptance of Partners’ Terms:

By using the affiliation service, the Client agrees to comply with the partners’ general terms, which take precedence over these Terms regarding the specific services provided by these partners.

6. Personal Data Protection

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

7. Modifications to the General Conditions

Fenchell reserves the right to modify these Terms at any time without notice. Changes take effect upon their publication on the site. It is recommended to regularly check this page to stay informed of updates.

8. Termination

You can terminate your use of the site at any time by ceasing to use the site and destroying any downloaded material. Fenchell can terminate your access in case of non-compliance with the Terms, after warning and in case of persistent violations.

9. Limitation of Liability

Fenchell cannot be held liable for direct or indirect damages resulting from the use or inability to use the site or the services offered, including loss of profits, data, or other intangible losses.

10. Force Majeure

Fenchell is not responsible for delays or failures in fulfilling its obligations in case of force majeure, including but not limited to natural disasters, internet service interruptions, third-party decisions (including Amazon EU SARL), or any other event beyond Fenchell’s reasonable control.

11. Governance and Dispute Resolution
11.1 Applicable Law

These Terms are governed by the laws of the Republic of Bulgaria. Any dispute related to the interpretation or execution of the Terms will 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 resort to arbitration through the International Chamber of Commerce and World Business Organization (ICCWBO), whose decisions will be final and binding.

12. Contact

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

Fenchell Capital LTD

Business Center Fenchell, Pobeda 25, Plovdiv, BULGARIA.

By using our website, you acknowledge that you have read and understood these Terms of Use and agree to comply with them. We commit to providing you with a secure, transparent experience in compliance with applicable regulations.