TERMS & CONDITIONS

OVERVIEW (click here for PDF Download)
Effective date: 1st of January 2021

DEFINITIONS

The|Tides Wellness: Trade name of the private company with limited liability MadebyStudiokA B.V. with its registered offices in Amsterdam, the Netherlands, registered with the Trade Register of the Dutch Chamber of Commerce under number 61076236, or any of its group companies.

Partners: Any party which has or will have a contractual relationship of any nature with The|Tides Wellness.

The Parties: The|Tides Wellness and the Partner jointly.

The Products: Each and any product or/and accessories, treatments and training manufactured, sold, distributed and/or supplied by The|Tides Wellness.

GENERAL

These terms and conditions shall apply to all contracts for the supply of The|Tides Wellness Products, Accessories and the use of The|Tides Wellness BrainBody Wellness™ Treatments and Training.

The|Tides Wellness reserves the right to change these terms and conditions at any time.

HOW TO ORDER

Partners can order through The|Tides Wellness Pro website. This direct line of order can only be accessed by Partners approved by The|Tides Wellness. If you cannot login or access the wholesale webshop please contact us.

RETAIL WHOLESALE ORDERS

    • Minimum Spend: The minimum spend for the wholesale opening order is € 1000 ex. VAT.
    • Minimum Quantity: For the opening order, a minimum quantity of 3 SKU of each product on your order is required.
    • Repeat Orders: Repeat wholesale orders must be a minimum amount of € 250 ex. VAT.
    • Please note minimum spend amounts do not include shipping costs.

PROFESSIONAL USE ORDERS

    • Minimum Spend: The minimum spend for the opening order is € 1000 ex. VAT.
    • Repeat Orders: Repeat orders must be a minimum of € 250 ex. VAT.
    • Please note minimum spend amounts do not include shipping costs.

SHIPPING AND INSURANCE COSTS

    • Allow a minimum of 5 workdays for products to be dispatched from the warehouse following the receipt of the approved purchase order and respective funds.
    • Shipping costs depend on your location and the weight of the packages. Shipping will be charged on checkout.
    • At The|Tides Wellness we use only the most trusted and cost-effective couriers to ensure your shipping costs are kept as low as possible.
    • Orders shipped to countries outside the EU may be subject to import taxes, customs duties and fees levied by the destination country. These fees remain are the sole responsibility of the purchaser and are not included in our international shipping fees.
    • Shipping costs will be complimentary above an order of € 500 ex. VAT for Partners located WITHIN the Benelux.
    • Shipping costs for Partners OUTSIDE the Benelux will be charged in full unless otherwise agreed in writing by both parties.

The|Tides Wellness shall provide the Partner at its request with all the adequate transport insurance details required upon the request of the other party. The Partner acknowledges and accepts that The|Tides Wellness will not transport Products without adequate transport insurance. The costs in relation to (arranging for) transport insurance shall always remain the sole responsibility of the Partner.

PAYMENT AND DELIVERY

    • In the absence of written agreement to the contrary, payment shall be due in advance by bank transfer. The costs of payment transactions shall be borne by the Partner.
    • Once payment has been received the stock will be distributed to the Partner. It will take 1-7 working days once payment has been received for us to process your order.
    • Goods will be delivered to the address nominated by the Partner at the time of ordering.
    • Orders shipped to a address in the Netherlands should arrive within two days of dispatch. Most European addresses arrive within five days of dispatch but can take up to 10 days. Delivery times outside the EU can vary depending on the region of the address.

Preferred Payment Terms: to be eligible for an account with preferred payment terms, the Partner must be approved by The|Tides Wellness.

For credit customers a standard 14-day payment schedule applies from date of invoice.

An invoice will be issued to you upon dispatch of the Products and/or, Treatments & Training. Value Added Tax will be added to all orders placed within the Netherlands, which is payable by the Partner.

Any variations on The|Tides Wellness payment terms will be stated on individual invoices and agreed to prior to order fulfilment.

Failure to pay on time will result in late payment charges which shall be calculated in accordance with statutory commercial interest of Section 6:119a of the Dutch Civil Code (as amended) from the date the payment was originally due until the date of actual payment. The|Tides Wellness reserves the right to add interest at the current legal rate to all our invoices that are not paid within 14 days (or within an alternative timescale agreed prior to order confirmation).

Failure to pay may result in The|Tides Wellness taking further action which includes but is not limited to: further charges or details being passed to debt collection agencies.

The|Tides Wellness reserves the right to charge an administration fee for any late payment notices which we send to you in the event of your late payment. The|Tides Wellness also reserves the right to cancel any discount that The|Tides Wellness may have offered to the Partner, to alter payment terms and/or to suspend or cancel future deliveries in the case of late payment.

Payments should be made by wire transfer to the account as detailed on The|Tides Wellness invoice.

CANCELLATION

The|Tides Wellness reserves the right to cancel or suspend the order at any time if the Partner becomes bankrupt or insolvent, enters into any arrangement with their creditors, or becomes a company that goes into liquidation or is being wound-up, or becomes a partnership which is being dissolved or if, in The|Tides Wellness reasonable opinion, one of the aforementioned events is likely to occur. The Partner must notify The|Tides Wellness in writing immediately if any one of the aforementioned events occurs.

In such cases the Partner shall become liable to pay the total value of the order if the product has been dispatched or a restocking charge of 5% of the order value.

If The|Tides Wellness reputation, treatments and/or company standards are being damaged while continuing a business relationship, The|Tides Wellness also reserves the right to terminate the relationship with 30 days notice.

RRP AND DISCOUNTS

Wholesale and recommended retail prices may fluctuate due to market forces and we reserve the right to alter them periodically. 30 day notice will be given to all Partners prior to any price changes.

Discounts cannot be applied by the Partner to The|Tides Wellness products without The|Tides Wellness prior written consent.

REFUND POLICY

    • The|Tides Wellness does not provide refunds or exchange for change of mind, so please choose carefully.
    • The Partner must notify us immediately if the Partner finds any of The|Tides Wellness products supplied to be defective in any way (which must be no later than 48 hours of receipt of the order) and allow The|Tides Wellness an opportunity to investigate.
    • Where The|Tides Wellness has agreed that the Products are defective then The|Tides Wellness will supply suitable replacement goods free of charge and arrange for the return of defective products.
    • The|Tides Wellness does not accept the return of faulty items that have been opened or used.

SELLING

The Partner is permitted to resell the goods to consumers only at specified locations or store branded websites. Any changes to such locations will require The|Tides Wellness prior written consent or permission thereof.

The Partner is not allowed to sell stock, designed for professional use.

THIRD PARTY PARTNERS/MARKETPLACES

The|Tides Wellness reserves the right to protect its brand and determine where The|Tides Wellness products are sold. The|Tides Wellness MUST be notified prior to products being advertised through/on third party partners. The|Tides Wellness products CANNOT be sold in marketplaces such as eBay, AliExpress, Amazon, Bol.com, etc and we reserve the right to block any of our products from being advertised on such sites. Failure to notify The|Tides Wellness and obtain prior agreement will result in sanctions placed on product availability, future order cancellation and/or further legal action being taken to have these items removed from third party sellers/marketplaces.

The Partner agrees that The|Tides Wellness retail products will be sold by you direct to consumers and not in bulk to entities for the purposes of reselling.

Where The|Tides Wellness has reasonable grounds to believe that the Partner has acted in breach of these Terms and Conditions The|Tides Wellness may forthwith withdraw The|Tides Wellness permission for the Partner to sell The|Tides Wellness products and the Partner will no longer be entitled to sell The|Tides Wellness products and to use The|Tides Wellness logo.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

International property rights mean all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property anywhere in the world.

COPYRIGHT

All materials on any of our websites, platforms, treatment manuals and protocols, product guides and brochures are copyright of The|Tides Wellness and may not be shared or reproduced without The|Tides Wellness prior written permission.

All designs are protected by international rights of copyright. Any use of copyrighted material without prior notice and agreement from The|Tides Wellness will be considered a breach of copyright and legal action will be taken.

The Partner will not, without The|Tides Wellness prior written consent, allow any of The|Tides Wellness logos or trademarks or other words or marks applied to The|Tides Wellness products to be obliterated, covered, obscured or omitted. Similarly, you may not add any additional words or marks to the original wording or content.

No delay or failure on The|Tides Wellness part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights and remedies unless such waiver is confirmed in writing.

The|Tides Wellness ask that our Partners do not include The|Tides Wellness in their Google Adwords without permission.

TRADEMARK & BRANDNAME

The|Tides Wellness is the owner of all Intellectual Property Rights in the mark “The|Tides Wellness” and in the individually styled letter/symbol “ | “ between The and Tides including any derivation thereof. The Partner hereby acknowledge such ownership rights and agree that the Partner has no right or claim to the mark and brand name. The Partner acknowledges that The|Tides Wellness places significant value on the Intellectual Property Rights in the “The|Tides Wellness” mark and brand name and hereby undertakes that it shall not at any time use the “The|Tides Wellness” mark and brand name or any derivation of the same other than as expressly agreed with The|Tides Wellness and in accordance with these terms and conditions. The Partner agrees not to use any trademarks, names or logos which are the same or confusingly similar to or infringe the “The|Tides Wellness” mark. The Partner must promptly notify The|Tides Wellness in writing of any breach of this clause.

All advertising of The|Tides Wellness products requires the prior written consent of The|Tides Wellness. The Partner is hereby granted a non-exclusive, revocable, royalty free licence to use the mark “The|Tides Wellness” on advertisements which have been approved by The|Tides Wellness only for the duration of the particular advertising campaign.

PHOTOS OF PRODUCTS

    • The|Tides Wellness provides a wholesale account login for its website, inside which the Partner can access a library of high resolution photos that the Partner can use to promote The|Tides Wellness products on the Partner websites and/or any social media. Please note that these images remain the sole property of The|Tides Wellness and that The|Tides Wellness has final say on the usage of images.
    • All images published on Instagram featuring The|Tides Wellness threads must include tags @thetideswellness and #thetideswellness. Failure to continually not tag the The|Tides Wellness brand may result in The|Tides Wellness cancelling the Partner’s wholesale account. Images taken from The|Tides Wellness Instagram and Facebook page must also include @thetideswellness and #thetideswellness tags and permission from customers posting them. The|Tides Wellness takes no responsibility for the images the Partner shares on social media.

TRAINING

The|Tides Wellness offers its certified BrainBody Wellness™ treatment programs to its partners who wish to the add the BrainBody Wellness™ Treatments to their menu. As a professional partner you are welcome to participate in our online program and training courses in the Netherlands, including regular refresher updates. For dates and costs, please contact us. On-site training is also available as per clients’ request. Complimentary Training is offered but is dependent on the value of the opening order.

Any therapist who will be working with the products and the treatment protocols of The|Tides Wellness signature treatments must be trained accordingly and demonstrate sufficient brand knowledge for successful implementation thereof. The specific tutorials on the techniques of the treatment, the application of the product and the theory of the retail stock, brand as well as both benefits of treatments and products are vital tools for everyone involved. From reception to therapy, we recommend that everyone understands the full story behind the brand and its unique healing qualities. Effective results can only be achieved from the treatment if properly delivered followed by supportive retail sales to enhance the self-care treatments which can continue at home for the best optimal results.

PARTNERSHIP PROGRAM

Testers. The|Tides Wellness will provide testers (with exception of the accessories and Bath Soaks as the ingredients in the soaks are highly hygroscopic) for free with the minimum opening order.

Collateral Allocation. 4% Collateral/tester allocation is set with every retail repeat order. The wholesale price (ex VAT) is published in the merchandise list. If unused, collateral allocation cannot be accrued, carried over to another order or placed as a credit.

Give Aways. Depending on the retail order quantity, The|Tides Wellness will provide once or twice a year free products at their discretion to the partner for give aways or to be used in contests or for loyal customers.

• Between € 2500 - € 5000 ex VAT a year (a set of 6 free full size products will be your gift);
• above € 5000 ex VAT a year ( a set of 12 free full size product will be your gift).

The|Tides Wellness will provide merchandising guidelines, to be followed at all times. Point of Sale material will also be made available, charges to be discussed with the The|Tides Wellness depending on the turnover achieved.

MISCONDUCT

The|Tides Wellness has the right to refuse a Partner or cancel a Partner’s order if a Partner is misleading information in any way or form. The|Tides Wellness may do this at any time if The|Tides Wellness brand is being represented in the wrong way.

CONFIDENTIALITY

The Partner undertakes and agrees with The|Tides Wellness that the Partner will keep secret and confidential all pricing and other confidential information provided by The|Tides Wellness and/or to which the Partner is permitted to have access and to use such information only for the purpose of carrying out this Agreement and for no other purpose whatsoever.

LIMITATION OF LIABILITY

The|Tides Wellness shall not be liable for any failure to deliver or delay in delivery of the Products arising from circumstances outside its control, including but not limited to lockouts, fire, accidents, defective materials, delays in receipt of raw materials or bought-in goods or components.

The|Tides Wellness shall not be held liable for any failure or delay in delivering the Products where such failure arises as a result of any act or omission which is outside our reasonable control such as act of God or those of a third party.

The|Tides Wellness shall not be held liable for third party misrepresentations of The|Tides Wellness products or third party fraudulent misrepresentations.

Should either party decide that a business relationship can no longer be amicable and no reasonable compromise can be reached, termination of a business relationship will require a 30 day notice period in writing and the client shall be liable for any orders or outstanding payments due within that notice period.

BY LAW

The|Tides Wellness agreement and these terms and conditions will be construed and governed according the Dutch laws.

AMENDMENTS

These are the trading terms and conditions of The|Tides Wellness, and no amendments may be made by the Partner to this document.