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Company Registration – BULGARIA
Definition of the terms of the contract
The Company:
Refers to the HOCHOFEN Company and its team, which acts through the website www.fenchell.com , and operates the brand FENCHELL.
The Client:
Refers to the Customer, natural person or legal entity, paying for a service via the website www.fenchell.com , in order to obtain one or more services from the Company HOCHOFEN.
Marketplace:
Refers to, but is not limited to, the following marketplaces: AMAZON, CDISCOUNT, FNAC, DARTY, EMAG, EBAY, FRUUGO, ALIEXPRESS, WALMART, MANO-MANO.
Listing :
Refers to a product sheet written and hosted on a Marketplace, allowing a product to be advertised. It is understood that “listing” also refers to the product behind the product sheet.
Action Plan:
Refers to a letter of appeal, of self-criticism claimed by the Marketplaces in case of disputes with one of its sellers, it is a document in physical or digital format, usually 2 to 5 pages, written for sending to a Marketplace, so that the latter can reactivate one or more seller-accounts, and / or, one or more listings.
“Seller Account” or “Customer Account”:
Refers to the account established on the Marketplace, allowing Customer to sell its products.
Customer-Company:
Refers to the company registered for the Customer.
Target Country:
Country in which the Client-Company is or will be located.
Nominee-director:
Refers to a nominee, employee of the Company, allowing on behalf of the Client, to act as sometimes Director of the Client-Company and sometimes as shareholder of the Client-Company, or both, in the operations of management, opening of bank accounts and accounts on Marketplaces.
Client Contract:
A contract signed by the Client and drawn up by the Company for the purpose of creating and maintaining the Client Company.
The contract binding the Company to the Client is for twenty-four months and is automatically renewable at the end of the contract. If the Client wishes to terminate the contract, the written notice must be sent no later than ninety days before the end of the contract. The contract will be presented in “doc” or “word” format and must be signed by hand and returned to the Company without delay in order to start the Company’s registration.
Registration of bank account and deposit of capital:
Purpose:
The purpose of the bank account registration is to open bank accounts by the Company’s action, for the Company-client for the benefit of the Client, these bank accounts will be opened in the target countries and beyond, in several currencies, according to the possibilities and wishes of the Client.
The bank account also allows the deposit of the Capital of the shareholders, represented or embodied by the Client.
I. Process – Opening – Required documents :
The Client usually contacts the Company via the website www.fenchell.com, to obtain information.
After an initial interview and the completion of a digital form, the Client may decide to continue the relationship with the Company, which will issue an invoice or provide a link via the website www.fenchell.com to proceed with the purchase of the service.
Once the purchase is made, the Client will receive a first confirmation email from the Company, indicating the steps to follow and the documents to return to the Company, as well as a second email containing a link to download the invoice for the purchase.
The Company may ask the Client for a telephone or video interview in order to clarify the situation of the Client’s business or Company.
This interview, if requested in writing by the Company to the Client, is compulsory, as it will allow the collection of the necessary information leading to the registration of a Sales Account.
This interview may also be requested by the banking partners in order to open an account.
It is therefore also mandatory that the Customer attends.
The Client takes responsibility for his decisions and actions, past, present and future, and the Company cannot be accused in any way, at any time, of any financial, moral or legal damages, concerning the Client’s Company.
The Company will only ever work with the documents provided by the Client, and cannot create or falsify any.
In order to create the Client Company, the Company will first register a telephone line, a business email and a postal address, all in the name of the Client Company.
Thanks to this device, the Company will be able to start the registration procedure with the target countries to obtain the Client-Company, the tax numbers and other official documents, which will be later given to the Client.
The Company, through its website https://www.fenchell.com/en, uses its own lawyers and accountants to register the client-company, and works directly and without intermediaries with notaries, sworn translators and banks.
The Company will present several contracts and mandates to the Client, who will have to sign them and attach the necessary Identity documents for the Company to start the registration of bank accounts and the Company-client.
Sometimes the Client will be asked to go to the embassy of the target country from his country.
For example, if the Client wants to set up a client company in Bulgaria, he will have to go to the Bulgarian embassy in China to have the legal documents notarized and signed and return the original documents to the Company’s address.
In order to start the establishment of the Client Company, the Company submits the constituent documents of the Client Company to the various banks for account opening.
The banks are free to refuse, which is why the Corporation will submit the Corporation’s file to several banks.
The process of examination and opening of accounts can take up to 4 weeks, depending on whether the Client-Company is opened with a Nominee-director or directly in the name of the Client.
To open the bank accounts the following elements are necessary, here is a non exhaustive list:
– The articles of association of the Client Company
– A notarized proof of the Company-client’s address
– Identification documents of the Manager and the shareholder – if different
– Proof of residence of the Manager and the shareholder – if different
– Capital to be deposited in cash in a local bank, which will be deposited in person by the Nominee-director, an employee of the Company and the official representative of the Client Company, during the first meeting with the Bank
– The “Power of Attorney” signed by the Client and notarized by the notary of his choice
II. Guarantees
The “deposit” or “escrow” bank account allows the deposit of the share capital, which is the first act of creation of the Client Company.
If no local bank accepts the creation and therefore the opening of the deposit account, it is impossible for the Client Company to be founded.
The Company acts as an intermediary with the Banks, in order to participate in the opening of the bank accounts, however its actions end as soon as the bank accounts are transmitted to the Client, who will be responsible for changing all the access codes, access codes that must remain hidden from the Company’s eyes.
At no time shall the Client divulge these new codes or other confidential information that would allow access to the Company’s bank accounts during the life of the Company-Client.
The general sales conditions and internal rules of each Bank will be transmitted to the Client after the opening of the Company-Client’s accounts.
The Company’s accountant, assigned to the Client, will have a so-called “passive” access to the Client’s accounts, in order to carry out the monthly accounting of the Client Company.
This access is made on request to the Client, the latter if he refuses this access to the accountant, finds himself in this case, deprived of the accounting included in his monthly subscription, accounting whose expenses will not be reimbursed to him, and exposes himself by the same to the fiscal penalties of the target country.
This access is carried out by the Client himself, who is aware that all the operations of the Company-Client’s accounts are known to the Company and its staff.
The Company does not offer any guarantee regarding the opening of bank accounts, the Company will go as far as asking 10 banks to open a bank account, and considers the contract fulfilled as soon as one account is opened, including the bank account opened in E-bank (or Fintech).
In the case of opening an account in an E-bank, the Client himself will have to open a personal account without delay, in order to allow the Company to create a Professional account in the name of the Client Company.
In case of disputes between the Client and the Company regarding the operations and taxes to be paid by the Company-client, the Client shall demonstrate the Company’s error and discuss it with the Company without delay, so that the Company can confirm or deny the detected errors.
The Company will carry out the accounting in a totally legal, right and ethical way, in order to keep the Company-client in compliance with the tax authorities, and also in order to optimize the taxes due by the Company-client to the tax authorities.
III. Monthly Maintenance:
The monthly maintenance, also referred to as the maintenance subscription, includes but is not limited to:
– The rental of an address in the target country allowing the reception and the scanning of the mails of the tax authorities, among others.
– The edition of real invoices of services allowing the creation of accounts on the various Marketplaces such as: Amazon, Emag, Cdiscount, Ebay, etc…
– The rental of an “RDP” type server
– Rental of IP addresses dedicated to the Customer
– Rental of a local mobile number, allowing the reception of security SMS on a telephone held by the Company
– The interface with the banks, which means that the Company is available to dialogue and exchange on behalf of the Client with the banks in which the Company-client that he owns or rents, holds bank accounts
– Rental of a server dedicated to the Company-client, allowing the creation and exploitation of professional emails usable within the framework of the Company-client’s activity
– Monthly accounting, including connection to the “EORI” number (if the company is located in the European Union), connection and declaration of the amounts due by / with VAT, in each country concerned, first level accounting performed by an accountant of the Company, on behalf of the Company-client, including the reading of the bank accounts, the agglomeration of the invoices, and the declaration of all the accounting operations to the tax authorities of the target country.
– A Nominee-Director / Prêt-nom, allowing on behalf of the Client and the Client-Company, the registration of the latter, the registration of several bank accounts, the registration of all the legal and fiscal numbers necessary for the creation and operation of the Client-Company.
Depending on the target country, the Nominee-Directors may be covered by health insurance, also called “SSN” or “Social Security”, which is included in the monthly fee charged to the Client Company.
Social Security is generally calculated on a slice of the minimum wage imposed on individuals in the target country.
This means that the monthly fee may change without notice from the Company, either up or down, depending on what the target country is.
IV. Bank Cards and Bank Accounts:
The Company works with several banks depending on the country, these are local business banks and E-banks operating in several countries of the world, allowing the initial deposit of the Company-Client’s share capital and the issuance of Bank Cards issued in the name of the Company-Client.
These Bank Cards will be sent at no extra cost to the Client’s home address as soon as the Company receives these Bank Cards.
This may take several weeks depending on the location of the Client’s home.
The Company acts as an intermediary with the Banks, in order to participate in the opening of the accounts, however its actions end as soon as the bank accounts are transmitted to the Client, who will be responsible for changing all the access codes, access codes that must remain hidden from the Company’s eyes.
At no time shall the Client divulge these new codes or other confidential information that would allow access to the Company’s bank accounts during the life of the Company-Client.
The general sales conditions and internal rules of each Bank will be transmitted to the Client after the opening of the Company-Client’s accounts.
The Company’s accountant, assigned to the Client, will have a so-called “passive” access to the Client’s accounts, in order to carry out the monthly accounting of the Client Company.
This access is made on request to the Client, the latter if he refuses this access to the accountant, is in this case, deprived of the accounting included in his monthly subscription, accounting whose costs will not be refunded.
This access is carried out by the Client himself, who is aware that all the operations of the Company-Client’s accounts are known to the Company and its staff.
The Bank Cards, issued in the name of the Company-client, will be sent at no extra cost to the Client’s home address as soon as the Company receives the said Bank Cards, so that the Client can enjoy the Company-client’s financial income.
This may take several weeks depending on the location of the Client’s home.
The Company cannot guarantee that the Bank Cards issued by Bulgarian banks will work in the Client’s country.
V. Closing of bank accounts:
In case the Client wishes to have the Company’s bank accounts closed, he/she may notify the bank directly, or contact the Company if the Company is a nominee-director for these accounts.
The closing and transfer of funds will be handled by the Bank concerned, the Company cannot commit itself on the procedures and deadlines, specific to each banking institution.
VI. Notary :
The Notary is necessary in several circumstances, during the different stages of the life of the Company-client, the Notary may be mandated by the Company or by the Client himself, in particular, among others, to notarize certain personal documents.
Several local notaries are hired by the Company.
VII. Account management :
Bank charges of any kind cannot be paid by the Company, which is a stranger to these bank accounts and only intervenes to open them, mandated by the Client to carry out this action for his sole benefit.
VIII. Creation of the Company :
Purpose: The purpose of the establishment of the client-company is to register a Bulgarian company by the Company for the benefit of the client interested in establishing such a company for business purposes. It is understood that this Client Company comes with a unique tax number.
1. Registration process:
The Company will register the Client-Company and its components in the following manner:
After signing the Client Agreement, the receipt of funds from the Client by the Company, the Company will register an address in the name of the Client Company, a name determined by the Client.
Then the Company appoints one of its employees as Nominee-director.
Then comes the creation of the bank account that will allow the deposit of the social capital, social capital deposited in cash on receipt by the Nominee-director.
The registration of the client-company can then start, the Company asks its in-house lawyer to start this procedure with the Bulgarian administration.
Once received by the Company, the Notary will stamp the Company’s incorporation documents, which will allow the opening of bank accounts in other banks.
The Social Security number of the nominee-director, the VAT number and its extensions, the EORI number and the tax number of the client-company will be registered by the Company within 15 days after the effective registration of the client-company.
The bank accounts are passively connected to the Company’s accountant to prepare the accounting and to set up the connections with the tax authorities.
2. Necessary documents – Embassy – Notary :
The following is a non-exhaustive list of documents required to open the Client Company, which may come from the Company or the Client himself:
– Notarized proof of the Client’s address
– Identity documents of the Manager and the Shareholder – if different.
– Proof of residence of the Manager and the shareholder – if different.
– Capital to be deposited in cash in a local bank, which will be deposited in person by the Nominee-director, an employee of the Company and the official representative of the Company-client, during the first meeting with the Bank
– Power of attorney” signed by the Client and notarized by the notary of his/her choice
For some documents and in some cases, it is necessary for the Client to go to the Bulgarian Embassy in his/her country to have the Power of Attorney notified and to have a number of documents notarized from there.
In this case, it is also necessary for the Client to send these original documents by mail to the Company’s address.
The Client will be informed about this provision before signing the Client Agreement.
The drafting of the Articles of Association will be carried out by the Company’s lawyer, according to the Client’s wishes, which will be recorded in the form prior to the drafting of the Client Agreement.
3. Sending of the constitutive documents
The constitutive documents of the Client Company will be scanned and made available to the Client as soon as they are received by the Company, and will be sent by email or, in special cases, by post to the Client’s address, at no additional cost.
4. Maintenance of the Company
The Company-Client will be kept up to date, i.e. the accounting and payments of the various taxes will be made for the sole purpose of enabling the Company-Client to evolve legally.
In case of penalties due to the Bulgarian Tax Authorities, there will be no advance payment of the Company, the payment of these penalties will be charged to the Client in advance.
5. Ancillary act – Distribution or redemption of shares
The Company will charge for any act that changes the Articles of Association of the Client Company or other constitutive documents, or the address of the Company, according to the schedule attached to the Client Agreement.
6. Resale / Redemption of the Company
In some cases, the Company may undertake to buy back all or part of the Client Company at the end of the twenty-four month contract if the Client so requests, the particular conditions of which shall be stipulated in the Client Agreement.
7. Liquidation
The Client may request the Company to liquidate the Company-Client, the terms and conditions and the liquidation costs are specified in the Client Agreement.
The bank accounts will be closed separately and the mail received by the Client-Company will be redirected until thirty days after the liquidation of the Client-Company, all without additional costs.
IX. Accounting :
Purpose: The purpose of accounting is to ensure the overall accounting of the Client Company, the tax declaration, and the payment of VAT and other taxes, to the tax authorities, in accordance with the laws of the countries in which the Client Company operates.
The accounting fees are included in the monthly fees on a fixed basis with variable applied according to the number of invoices, all fees are listed in the schedule attached to the Client Agreement.
1. Accounting – Access to bank accounts – invoices
Warning:
Accounting is performed monthly by the Company’s Accountant.
In case of non-completion of the accounting, or obvious fraud on the part of the Client, or any other representatives of the Client Company, penalties will be applied by the tax authorities of the target country, and may go as far as the seizure of the bank accounts, in addition to the penalties a rate of charges will be applied, revised annually by the central bank of the target country.
VAT rates are subject to change depending on the laws of the country and the type of products or services marketed, as well as taxes on dividends and various taxes such as income tax will be billed to the Client-Company each month.
2. Interface with the dedicated accountant
The Company’s internal accounting team will carry out the accounting with the invoices given by the Client in due time and disclaims any responsibility in case of false documents provided by the Client, or in case of delay of the Client in the delivery of the invoices.
The Customer will be able to check the accounts of the Company-Customer by visiting the Fenchell.com customer area and will be able to contact the accounting team via a dedicated email address or directly via Whatsapp, Wechat or Telegram chat.
3. EORI
The EORI number will be registered at the time of registration of the client-company and transmitted to the client without delay.
The registration fee is included in the first payment made by the Customer.
4. VAT
The VAT number is registered in Bulgaria and is automatically extended to all EU countries. This number is required at the time of the passage of the goods through customs, as well as the EORI number.
The declaration of VAT is made on the invoice, for that the Client must send before the end of the month, all the invoices to the accounting department of the Company.
The Company takes care of the declarations and payments to the tax authorities of the different countries.
The payments concerning the VAT will be charged to the Client, or if he wishes, to the Company-client.
The rate of VAT may change depending on the country and the goods, it is the Client’s responsibility to clearly indicate the VAT rate to be charged on the invoices or via an added note.
X. Nominee-Director :
Purpose: A Nominee-director or Prêt-nom, allows on behalf of the Client and the Client-Company, the registration of the latter, the registration of several bank accounts, the registration of all the legal and fiscal numbers necessary for the creation and the exploitation of the Client-Company, but also the creation of telephone numbers and the visits to the Notary.
1. Appointment
The Nominee-director is appointed by the Company internally.
2. Management of the Nominee-Director
The Company manages its Nominee-director and can also, if necessary, rent his identity documents to the Customer for the purpose of creating accounts on the Marketplaces.
3. Nominee-Director fees
The monthly maintenance fees cover the social security expenses of the Nominee-director, whose function is to be the director of the Client Company, it is mandatory that he has health coverage in case of accident, and is covered for his retirement.
His salary is also taken into account in the monthly maintenance fee.
4. Prerogatives
The Nominee-director can be in certain cases director or shareholder and sometimes both at the same time, all depending on the wishes of the Customer expressed in the Customer Agreement.
The Nominee-director cannot do anything by himself and his powers are limited by an internal contract to the Company which limits his real responsibilities to that of employee of the Company.
Only the Client can really and according to his wishes, decide the determining actions for the Client-Company, which means that legally and officially in the eyes of the authorities, the Nominee-director represents the Client-Company and puts at risk his identity and his civil and penal responsibilities, the Nominee-director therefore allows to cover the Client and to protect his anonymity and his actions.
XI. Dedicated RDP Server, Dedicated IP, and Pro Email:
Purpose: The purpose of the Dedicated IP RDP Server and Professional Email, is to create a secure connection to create the Company-Client and allow its operation by the Company and the Client.
It is not a VPN as such, but a gateway connection made with the allocation of an IP address registered in the source country, in this case Bulgaria.
1. Creation
The creation and setting up of the RDP server, the dedicated IP address, the domain name registration and the professional email will be done by the Company.
2. Operation
The operation, maintenance, configuration and invoice management are carried out by the Company. In fact the Company is the owner and the whole of this structure is rented to the Client whose subscription fees cover the reasonable use of this structure.
3. Payment / Invoices
The costs of this structure are borne by the Company, which will invoice the end Client via monthly fees, or subscription fees.
4. Privacy and data protection
All of this information transiting on these servers and domains will be kept confidential, only the Company in some cases, and the Client if necessary, will have access to it.
The subscription to these services is included in the monthly subscription including accounting and other services to be paid monthly to the Company.
XII. Mobile Number :
Purpose: The purpose of the local mobile number, is to allow the receipt of calls from tax authorities and the receipt of SMS if necessary, in order to access applications or access secured by the Client.
1. Creation
The mobile line, the SIM card and the phone allowing the reception of SMS and calls, are generated by the Company on behalf of the Client-Company, forty-eight hours after the signature of the Client contract and the receipt of the funds from the Client to the Company.
The contract will be signed by the Company-Client’s agent, manager or director, who acts as the Company-Client’s operational representative.
2. Operation
The Company undertakes to pay the bills for this mobile line in cash every month and to leave the receiver phones connected at all times so that the SMS messages of the Company-Client can be received at any time of the day and night.
3. Payment / Invoices
Payments and invoices are kept at the discretion of the Company which will not share this information with the Client.
4. Privacy and Data Protection
The messages received, calls, and other confidential information, received or emitted by the telephone used to effectively manage the mobile number dedicated to the Company-customer, will not be disclosed to anyone outside the employees of the Company, and in case of alleged leakage of information for any reason, the Company will immediately notify the Client so that it takes the necessary security measures, and also the Company will provide within twenty-four hours, a new SIM card and a new cell phone, so as to continue without interruption, the service “mobile number”.
XIII. Invoices – proof of domicile :
Purpose: The purpose of the proof of domicile of the Client Company, allows the latter to justify a physical establishment and a local operation with a local staff.
This type of invoice can be, but is not limited to: Electricity bill, water bill, internet box bill.
These invoices are paid by the Company via the Client’s monthly subscription.
1. Creation – date of first issue
The creation of the contract will take place forty-eight hours after the registration of the Company-Client by the Company, the first invoice will therefore be issued 31 days after the signature of the contract.
2. Representation on the invoices
The Company will create the invoices, or direct debit vouchers, in the name of the Company-Client, and will pay them in cash directly to the various branches of the suppliers.
The contract will be issued by the supplier on presentation of the legal representative of the Client Company, i.e. in most cases by the Director or Manager, and therefore by the Nominee-director who will personally go to the supplier’s headquarters to create the contract on behalf of the Client Company he represents.
3. Scanning and Shipping
The invoices will be scanned and sent by email or in the Client’s client space, monthly, approximately seventy-two hours after their receipt.
XIV. Mailbox:
Purpose: The purpose of the Company-Customer’s Mailbox is to allow for the addressing of this company, and the receipt and shipment of mail and packages for the benefit of the Company-Customer.
1. Creation
The date of opening of the address and commissioning of the mailbox, usually occurs first at the founding of the Company-customer, which means that after the signing of the contract-customer by the Client and the receipt of the funds of the Client by the Company, will elapse a period of 7 days for the commissioning to be functional, the Client will be informed of this opening, in writing.
2. Operation
The operation of the address and the mailbox attached to it, depends exclusively on the Company, which guarantees the integrity of all types of mail in the mailbox.
Except for the deterioration of the mail by the postal services or the sender himself.
Likewise, the Company declines all responsibility in case of theft during transit or delivery of the mail, and on the contrary, will participate in the various complaints in case of theft or misappropriation of the mail as soon as it has reached the mailbox of the Company-customer.
The Company will then carry out all possible investigations, at its own expense, to identify the thieves and will contact the competent authorities as well as the insurance companies contracted for its activity, in order to obtain compensation for the damage caused to the Company-customer.
The Company also undertakes, within the framework of the monthly paid subscription, to manage the opening of the mail and to make the scans or to send the originals, if necessary, to the Client’s home in his country of residence.
The mailings are limited to two single mailings per month to all countries, each single mail containing a maximum of three A4 sheets, the scans are limited to twenty scans per month, corresponding to twenty A4 pages.
XV. Confidentiality :
With the exception of financial partners allowing financial transactions between the Company and the Client, and only upon request from them in very specific cases involving disputes or alleged violations of their internal policies, the Company undertakes not to disclose any information concerning the Client, his Company or his Seller Account, or in connection with his purchase on the Company’s platform: www.fenchell.com/en to any third party, and this, without time limit.
All information transmitted by the Client to the Company is protected and encrypted, we attach great importance to this information deemed strategic and vital to the Client’s business.
We also expect the information provided by the Company to the Client to be kept confidential, and the services provided and the advice given by the Company to the Client to be kept confidential without time limit.
Plan of action
Definition of contract terms
The Company :
Refers to FENCHELL and its team.
The Client:
Refers to the Client, paying for services via the website www.fenchell.com.
The Marketplace :
Refers to, but is not limited to, the following marketplaces: AMAZON, CDISCOUNT, FNAC, DARTY, EMAG, EBAY, FRUUGO, ALIEXPRESS, WALMART, MANO-MANO.
Listing :
Refers to a product listing written and hosted on a Marketplace, used to advertise a product. It is understood that by “listing” we also mean the product itself. Therefore, reactivating a listing means that the product is again available for sale.
The Plan of Action, or Action Plan :
Refers to an appeal letter, it is a physical or digital document, usually 2 to 5 pages, written for submission to a Marketplace, so that the latter can reactivate one or more seller accounts, and/or one or more listings.
The Action Plan first delivered will mark the beginning of the process and the opening of the warranties on the date of said delivery. Any subsequent adjustments will in no way affect the warranty period.
“Seller account” or “Customer account”:
Refers to the account established on the Marketplace, allowing the Client to sell their products.
I. Object of Service and Limits:
The object of the “Action Plan” service is to increase the likelihood of reactivating the client’s account or listing.
It is necessary to specify that, like lawyers representing a client before a judge, the Company cannot absolutely guarantee the reactivation of the Client’s assets, this competence belongs to the Marketplace by right, which intervenes according to its internal policy and in accordance with the laws in force.
This service should be understood for what it is, that is to say an expertise allowing the highlighting of a number of errors committed by the Client – or supposed by the Marketplace – the drafting of an action plan in the appropriate language, and finally the sending of this document, by the Client himself to this same Marketplace.
II. Guarantees:
If despite the sending of the Action Plan by the Client to the Marketplace, the seller account or listing are not activated/reactivated, then the Company may in some 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 he has respected the instructions of the Action Plan and those given in writing by the Company during the various exchanges, that he respects the rules of the Marketplaces on which he wishes to do business, that he has taken measures to reform the situation designated as the source of the conflict with the Marketplace, and that he has sent the Action Plan to the Marketplace regularly.
The Client may request a refund of the Action Plan from the Company, no earlier than 30 days after receiving his Action Plan, and no later than 60 days after receiving his Action Plan.
If the Client hides or omits information likely to upset the expertise carried out by the Company and materialized by the Action Plan, or does not make the necessary corrections to comply with the rules of the Marketplaces on which he sells or wishes 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, even invoices, or any other document or evidence outside the Action Plan, the Company cannot be held responsible for the outcome of such a case, and 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 Customer at the beginning of the Action Plan process is different from that reported by Amazon, 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 Customer, for a fee, to rework or restart an Action Plan aimed at rectifying the initial Action Plan and denouncing the appropriate fault.
III. Process and Disclaimer:
Usually, the Client contacts the Company through its website www.fenchell.com for information.
After a first interview and the completion of a digital form, the Client can decide to proceed with the Company, which will send him an invoice or provide him with a link via the website www.fenchell.com to purchase the service.
Once the purchase is made, the Client receives a first email confirmation from the Company, indicating the steps to follow, as well as a second email containing a download link for the invoice of the purchase of the Action Plan.
The Company may request a telephone or videoconference interview with the Client, in order 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 allow the collection of necessary information leading to the precise and relevant drafting of the Action Plan.
It is also mandatory that the Client attend the meeting, to validate the strategy to be followed by the Client and the type of actions to be taken by the Client, these decisions are unilateral, they belong to the Client, the Company has, and will always have, only a role of expert-adviser and writer.
The Client takes responsibility for his decisions and actions, past, present and future, the Company cannot be held responsible in any way, at any time, for any financial, moral or legal damages regarding the Seller account or listing of the Client.
The Company’s advice is only advice, it is up to the Client to follow them or not.
The final word regarding the Seller account or listing will always, and in a legitimate and indisputable manner, belong to the Marketplace.
Follow-up, and therefore possible adjustments to the Action Plan, are limited to three attempts over two months.
IV. Confidentiality:
Except for financial partners allowing transactions between the Company and the Client, and only upon their request in very specific cases involving disputes or alleged violations of their internal policies, the Company commits to not disclosing any information regarding the Client, their business or seller account, or related to their purchase on the company’s platform: www.fenchell.com, to any third party and this, without time limit.
All the information transmitted by the Client to the Company, are protected and encrypted, we place great importance on this information deemed strategic and vital for the Client’s business that calls us.
Likewise, we expect that the information provided by the Company to the Client will be kept confidential, and that the Action Plan and the advice given by the Company to the Client will remain secret without time limit.
Guideline
Definition of contract terms
The Company:
Refers to FENCHELL and its team.
The Client:
Refers to the Client, paying for services through the website www.fenchell.com.
The Marketplace:
Refers, without limitation, to the following marketplaces: AMAZON, CDISCOUNT, FNAC, DARTY, EMAG, EBAY, FRUUGO, ALIEXPRESS, WALMART, MANO-MANO.
Listing:
Refers to a product page created and hosted on a Marketplace, used to advertise a product. It is understood that by “listing” we also mean the product itself.
The Action Plan:
Refers to a letter of appeal, self-criticism, it is a document in physical or digital format, usually 2 to 5 pages, written for submission to a Marketplace, so that the latter can reactivate one or more seller accounts, and/or one or more listings.
“Seller account” or “Client account”:
Refers to the account established on the Marketplace, allowing the Client to sell their products.
The Guideline:
Refers to a several-page guide, in .PDF format, written and sold by www.fenchell.com, containing a method for safely and legally registering a seller account on Marketplaces.
I. Object of Service and Limitations:
The object of the “Guideline” service is to allow the Client to register a seller account on a Marketplace for commercial purposes.
It is necessary to specify that as a writer, the Company cannot absolutely guarantee the registration of a Seller Account on a Marketplace, regardless of the efforts made by the Client.
The decision belongs solely to the Marketplace, which intervenes according to its internal policy and in accordance with the laws in force.
This service should be understood for what it is, that is, the assistance of a qualified and expert team in registering Seller Accounts, by selling a proven, functional method, in direct relation to the criteria of the Marketplaces.
Nothing illegal will be advised to the Client through the Guidelines.
II. Guarantees:
We do not offer any guarantee, and no refund, the Guideline is considered consumed – read – and therefore non-refundable by the Company, as soon as it is bought, and downloaded.
III. Process and Disengagement:
Usually, the Client contacts the Company through its website www.fenchell.com, to get information and buy their Guideline.
Once the purchase is made, the Client receives a first email from the Company confirming the purchase, allowing the Client to download their Guideline, and a second email containing a link to download the invoice for the purchase.
The Company works within the limits of the laws of the countries in which the Marketplaces operate, and according to the rules of these same Marketplaces, which each have their own policies, in constant evolution.
The final word concerning the Seller Account or the listing, will always belong, and in a legitimate and unchallenged way, to the Marketplace.
IV. Confidentiality:
Except for financial partners allowing financial transactions between the Company and the Client, and only upon their request in very specific cases involving disputes or alleged violations of their internal policies, the Company undertakes not to disclose any information concerning the Client, its Company or its Seller Account, or in relation to its purchase on the company’s platform: www.fenchell.com , to any third party, and this, without time limit.
All information transmitted by the Client to the Company is protected and encrypted, we attach great importance to this information considered as strategic and vital for the Client’s company calling on us.
Similarly, we expect the information provided by the Company to the Client to be kept confidential, and that the services provided and the advice given by the Company to the Client, remain secret without time limit.
The Guidelines cannot be resold, under penalty of legal action.
Account Creation
Contract Terms and Definitions
The Company:
Refers to FENCHELL and its team.
The Client:
Refers to the paying client using the website www.fenchell.com to obtain one or more services.
The Marketplace:
Refers to, but is not limited to, the following marketplaces: AMAZON, CDISCOUNT, FNAC, DARTY, EMAG, EBAY, FRUUGO, ALIEXPRESS, WALMART, MANO-MANO.
Listing:
Refers to a product page created and hosted on a marketplace, used to advertise a product. It is understood that by “listing” we also mean the product being advertised.
The Plan of Action or Action Plan:
Refers to an appeal letter, self-critique document, typically in physical or digital format, usually 2-5 pages, written to be sent to a marketplace in order to reactivate one or more seller accounts, and/or one or more listings.
“Seller Account” or “Customer Account”:
Refers to the account established on the marketplace, allowing the client to sell their products.
I. Service Objectives and Limits:
The objective of the “Account Creation” service is to register the Client’s business on a marketplace for commercial purposes.
It is important to note that as an intermediary, with only the client’s supporting documents, the Company cannot guarantee the registration of a seller account on a marketplace. The decision is solely the right of the marketplace, which operates according to its internal policy and in accordance with applicable laws.
This service should be understood for what it is, that is, the assistance of a qualified and expert team in the registration of seller accounts, allowing for the preparation of supporting documents provided by the client, their submission to the targeted marketplace, and final configuration to the client’s preference.
II. Guarantees:
If despite our efforts, the seller account is not activated, the Company may proceed with a full refund to the Client.
Conditions for a full refund from the Company to the Client:
The client may request a refund from the Company, no earlier than 45 days and no later than 90 days from the submission of all supporting documents to the Company, as listed in the “Account Creation” service order form.
The client, to obtain this refund, must contact the Company and make a written request. If the Company has delivered a functional, approved, and open seller account to the targeted marketplace, and after receipt by the client, this seller account is deactivated or disapproved by the marketplace, the client cannot seek compensation from the Company for any reason.
The Company may then intervene through an action plan charged at the current rate, to help the client obtain the reactivation of his seller account.
If the client hides fundamental information from the Company, or omits information that would disrupt the registration carried out by the Company, or provides false documents or other elements that violate the rules of the marketplaces on which he wishes to sell, the Company has the right to refuse a refund for the service to the client.
III. Process and Disengagement:
Typically, the client contacts the company through its website www.fenchell.com for information.
After an initial interview and completion of a digital form, the client can decide to proceed with the company, which will then write an invoice or provide a link through the website www.fenchell.com for the purchase of the service.
Once the purchase is made, the client will receive a first email confirmation from the company, indicating the steps to follow and a second email containing a link to download the invoice for the purchase.
The company may request a telephone or video call interview with the client in order to clarify the situation of the client’s business or company.
This interview, if requested in writing by the company to the client, is mandatory as it will allow the collection of necessary information leading to the registration of a seller account in compliance with regulations.
It is also mandatory for the client to attend the interview.
The client takes responsibility for their decisions and actions, past, present and future, and the company cannot be held responsible in any way at any time for any financial, moral or legal damages regarding the seller account or the client’s business.
The company will only work with documents provided by the client himself and cannot create or falsify any documents.
The company operates within the limits of the laws of the countries in which the marketplaces operate and according to the rules of these marketplaces, which each have their own policies, constantly evolving.
The final word regarding the seller account or listing will always, legitimately and indisputably, belong to the marketplace.
To create the seller account, the company will register a telephone line in the client’s name, a domain name with a professional email address in the client’s business or brand name, assign a unique and protected IP address, and work through a browser specifically developed for the creation of seller accounts.
With this system, the company guarantees the absence of duplicate accounts, also known as “multiple accounts,” which can lead to the suspension of seller accounts.
IV. Confidentiality:
Except for financial partners allowing financial transactions between the company and the client and only upon their request in very specific cases involving disputes or alleged violations of their internal policies, the company commits to not disclose any information regarding the client, their business or seller account, or related to their purchase on the company’s platform: www.fenchell.com, to any third party and this, without time limit.
All information and documents provided by the client will be kept confidential and will only be used for the purpose of creating and managing the seller account.
The company also commits to protecting the client’s data in accordance with the General Data Protection Regulation (GDPR).
Contract NNN
Definition of Contract Terms
The Company :
Refers to FENCHELL and its team.
The Client :
Refers to the Client, paying for services through the website www.fenchell.com, in order to obtain one or more services.
The Marketplace :
Refers, but not limited to, the following marketplaces: AMAZON, CDISCOUNT, FNAC, DARTY, EMAG, EBAY, FRUUGO, ALIEXPRESS, WALMART, MANO-MANO.
Listing :
Refers to a product sheet written and hosted on a Marketplace, announcing a product. It is understood that by “listing” we also mean the product behind it.
The Action Plan :
Refers to an appeal letter, self-criticism, it is a physical or digital document, usually 2 to 5 pages, written in order to send to a Marketplace, so that it can reactivate one or more seller accounts, and/or one or more listings.
“Seller account” or “Customer account”:
Refers to the account established on the Marketplace, allowing the Client to sell their products.
The Company-Client :
Refers to the company registered for the Client.
The Contract NNN :
Refers to the commercial contract of non-disclosure, non-use, and non-circumvention, written by the Company’s lawyers.
I. Service Object and Limits :
The object of the “Contract NNN” service is to create a Contract NNN for the Client in the country they will choose among the options provided and to allow their Company to sign this Contract NNN with their supplier or customer.
II. Guarantees :
Conditions for a full refund of the Contract NNN to the Client:
The Client can request a refund for their purchase from the Company at the earliest 25 days and at the latest 60 days after the receipt of payment by the Company, if the Company has not completed the Contract NNN within the given timeframe, or if it contains false clauses.
The Client, to obtain this refund, will need to contact the Company and make the request in writing.
The Client is responsible for the use they will make of the Contract NNN, free to modify it, sign it or not, the Company declines any responsibility in case of misuse, and in a general way of all the subsequent consequences of the purchase of the Contract NNN.
If the Client hides fundamental information from the Company concerning the parties mentioned in the Contract NNN, or omits information likely to upset the drafting and accuracy of the Contract NNN, the Company will refuse any refund if requested by the Client.
III. Process and Disengagement:
Usually, the Client contacts the Company via the website www.fenchell.com for information.
After an initial interview and completion of a digital form, the Client can decide to continue their relationship with the Company, which will then draft an invoice or provide a link via the website www.fenchell.com to proceed with the purchase of the service.
Once the purchase is completed, the Client will receive an initial email confirmation from the Company, indicating the steps to follow and the documents to return to the Company, as well as a second email containing a download link for the invoice for their purchase.
The Company may request a telephone or videophone interview with the Client, in order to clarify the situation of the Client’s business or Company.
This interview, if requested in writing by the Company to the Client, is mandatory, as it will allow for the collection of necessary information leading to the proper registration of a seller account.
It is therefore also mandatory for the Client to attend.
The Client takes responsibility for their decisions and actions, past, present, and future, the Company cannot be held responsible at any time, in any way, for any financial, moral, or legal damages concerning the Client’s Company.
The Company needs certain sensitive information from the Client, such as :
- The price of the products
- The addresses, names and first names of the parties involved in the Contract NNN
- The names of the companies involved in the Contract NNN
- The terms of sale
- The commercial clauses
- The margins practiced
- The financial penalties
This information, the list of which is not exhaustive here, is necessary for the drafting of the Contract NNN by the Company, it is therefore essential that this information reach the Company without delay, 48 hours after the purchase or even before the purchase. The deadlines for refunds and deliveries will be proportionally impacted in case of delay on the part of the Client to deliver these complete information.
IV. Confidentiality :
With the exception of financial partners allowing financial transactions between the Company, the Client, and only upon their request in very specific cases involving disputes or alleged violations of their internal policies, the Company is committed to not disclosing any information about the Client, the various parties involved in the Contract NNN and their respective people and Companies, or anything that could be related to the purchase of the Contract NNN on the Company’s platform: www.fenchell.com, to any third party, and this, without a time limit.
All information transmitted by the Client to the Company is protected and encrypted. We attach great importance to this information deemed strategic and vital for the Client’s company that calls on us, and also for the third parties, named in the Contract NNN.
Similarly, we expect the information provided by the Company to the Client to be kept confidential, and that the services provided and the advice given by the Company to the Client remain confidential without time limit, except for the dissemination of these elements provided in the framework of normal use of the Contract NNN.