Customer Care

We offer complimentary express shipping on all orders placed on the Martha online boutique.

The average delivery time is 1-2 working days after your order is processed.

You will receive an email with your tracking number once your package has shipped. For security reasons, your purchases will require a signature upon delivery. Please check the number of boxes delivered and make sure that the package is not damaged in any way. Any damage to the packaging and/or the product or any discrepancy between the number of boxes delivered should be immediately indicated in writing on the courier’s delivery documents. Our couriers deliver from Monday to Friday during business hours.

We apologize, but we are unable to allow any shipping address changes once an order is placed.

Every order is prepared with the utmost care and delivered in Martha signature packaging.

We accept a wide range of international credit cards and payment options. In case your preferred payment option is not available, please contact Customer Care.

Payments are made via a recognized secure gateway in compliance with industry security standards.

We are required by law to charge sales tax, these are included in the prices displayed. Import taxes and custom fees are all included in the prices displayed.

Regretfully, we are unable to modify or cancel your MARCMARTHA.COM order once placed. We apologize for any inconvenience this may cause you.

In order to receive a full refund, simply attach the prepaid mailing label to the outside of your return package to mail the item(s) back to us.

You can return all or part of your order within 14* calendar days from the date of shipment.

Returns are complimentary and our orders come with a prepaid return label. Please note that all returns must be made in the country of purchase. MARTHA includes a prepaid mailing label in your package that is to be attached to the outside of your return package.

For hygiene and safety reasons, sealed products that have been opened are not eligible for reimbursement. Underwear, swimwear, earrings can also not be returned.

Make sure your item(s) are returned unworn, in their original condition and with all tags attached, including any gift packaging.

Arrange a pick-up at your convenience or drop off your return at one of our carriers’ access points.

If the above conditions are met, you will receive a refund for the returned products. You will receive a confirmation mail once your return is processed. If your return does not meet the conditions listed, the package will be sent back to you.

*Purchase made between November 25 and December 25, 2023, may be returned through January 8, 2023.

Martha is established by a distinct vision on the current social and environmental problems. The Martha team firmly believes that we can change the worlds mentality by giving everyday items a new meaning. The transformation of waste to something valuable is continuously a point of experimentation within the Martha brand and represents on of the efforts we use to give a commentary about sustainability and waste in today’s climate.

The Main Focus at the Martha brand is Creating meaningful garments and accessories that are durable and make you part of a better future. We try to only use deadstock and organic fabrics which we source from Luxury Houses. In case we use printed fabrics we make sure that the printing process is as sustainable as possible.

The Martha Sanctuary is our latest initiative to have a more positive impact on the world. We donate part of our revenue for the creation and upkeep of a sanctuary for flora and fauna located on a plot of land in the Caribbean,

Furthermore, Martha mainly produces its garments in Italy, Belgium, Portugal, and Spain. Our manufacturers are required by European law to recycle their waste properly, re-use water, and use renewable energy. We hope that through storytelling we our values to our audience.

1. Legal Basis
1.1. The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Adaptation Act 2018 serve the right to the protection of personal data. We process your data exclusively on the basis of the legal provisions (DSGVO, DSG 2018, TKG 2003).

2. Basic Information
2.1. Responsible is Marc Pengel, contact@marcmartha.com, +32 486 26 98 37
2.2. It is particularly important to us to protect and keep safe all personal data that you entrust to us. In this document you will learn more about how we use and process your personal data.

3. Purpose limitation, legal basis, storage period and data recipient
3.1. We need the collected personal data for the purpose of simplifying the purchasing process and for subsequent contract processing. The data is collected, stored, processed and used for this purpose.
3.2. The legal basis for the processing of your personal data is, on the one hand, the fulfillment of a contract (e.g. online shopping), legitimate interests, the fulfillment of our legal or contractual obligations and, on the other hand, your consent (e.g. contact form, newsletter, cookies). Failure to provide the data can have different consequences.
3.3. We process the buyer’s IP data, name, address, telephone number and credit card number for the duration of the entire business relationship (from the initiation and processing to the termination of a contract) as well as in accordance with the statutory storage and documentation obligations, which arise from the German Commercial Code (UGB), the Federal Tax Code (BAO) and until the end of any legal dispute, ongoing warranty and guarantee periods, etc.

4. Newsletter
4.1. You can register for our newsletter on the website using the double opt-in procedure. After registering, you will receive an email asking you to confirm your registration. Without the disclosure of this data, the transmission of our newsletter is not possible. You can unsubscribe from the newsletter by confirming the unsubscribe link at the end of each newsletter.
4.2. We commission processors to send our newsletter. They have committed themselves to us to comply with the applicable data protection regulations. An order processing contract was concluded in accordance with Art. 28 GDPR.
4.3. Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Article 6 (1) (a) (consent) GDPR.

5. Online Shopping
5.1. We would like to point out that the web shop operator saves, within the framework of cookies, the IP data of the connection owner, as well as the name, address, telephone and credit card number of the buyer, for the purpose of simplifying the purchasing process and for subsequent contract processing. The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data we cannot conclude the contract with you.
5.2. The data (name, billing and delivery address, payment details and method, e-mail) is sent to our accounting and tax consultants for the purpose of fulfilling our tax obligations. They have committed themselves to us to comply with the applicable data protection regulations. An order processing contract was concluded in accordance with Art. 28 GDPR.
5.3. Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Art. 6 GDPR (in particular consent and/or necessity of contract fulfilment).
6. Cookies and other tracking tools
6.1. Cookies and other tracking technologies can be used in a variety of ways on our Internet platform. Cookies are small pieces of text information that make it possible to recognize the user and analyze your use of our website. The information generated in this way is transferred to the provider’s server and stored there. They serve to make our website more user-friendly, more effective and more secure overall. Cookies are also used to measure the frequency of page views and for general navigation.
6.2. By using our website, you agree that we set cookies. You can refuse to accept cookies in your browser settings. How this works in detail can be found in the instructions of your browser manufacturer. If you decide against certain technical and/or functional cookies, the functionality of our website may be restricted. Some cookies remain stored on your end device until you delete them.
6.3. We have concluded a corresponding contract for order data processing with the provider. They have committed themselves to us to comply with the applicable data protection regulations.
6.4. Your IP address is recorded, but immediately pseudonymised [e.g. B. by deleting the last 8 bits]. As a result, only a rough localization is possible.
6.5. Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Art 6 GDPR (particularly consent).

7. Consent and Right of Withdrawal
7.1. If your consent is required for the processing of your data, we will only process it after your explicit consent.
7.2. Generally, we do not process any data of minors and are not authorized to do so. By submitting your consent, you confirm that you have reached the age of 14 or that you have the consent of your legal representative.
7.3. You can revoke your consent at any time at the following e-mail address: contact@marcmartha.com. In such a case, the data previously stored about you will be anonymized and subsequently only used for statistical purposes without personal reference. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the point of revocation.

8. Your Rights
8.1. You have the right at any time to obtain information from the person responsible, Marc Pengel (contact@marcmartha.com, +32 486 26 98 37) about the personal data concerned. If there is no statutory storage obligation, you have the right to delete this data and to object to the processing. You also have the right to correct the data and to restrict processing, to data transferability and to lodge a complaint with the Belgium data protection authority (email: https://www.dataprotectionauthority.be/citizen/contact-us).

General Terms and Conditions of The Martha Family

Valid from 8th of January 2022

Provider: Marc Pengel,

Return Address: Boeksveldplein 1, Antwerpen 2610, Belgium

Tel: +32 486 26 98 37

e-mail: contact@marcmartha.com

Scope of Contract

1.1. The following general terms and conditions (GTC) apply to all business relationships between The Martha Family and the customer for transactions made in the Online Boutique. The online boutique is aimed at customers worldwide. The version valid at the time the contract is concluded is decisive. These GTC apply exclusively. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These terms and conditions also apply to future orders from the customer, even if they are not expressly agreed again.

1.2. Customers within the meaning of these General Terms and Conditions are consumers. If consumers are mentioned in these general terms and conditions, these are natural and legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a transaction is not part of the operation of their company. The demarcation between consumers and companies is made in accordance with the Belgian Consumer Protection Act.

2. Conclusion of the Contract

2.1. All offers from The Martha Family are non-binding; in particular, the presentation of the goods in the online boutique does not constitute a binding offer from The Martha Family; they are merely an invitation to submit an offer. Illustrations, drawings are only approximate values, unless they have been specified as an expressly binding fixed value for the respective product. The customer accepts minor and objectively justified changes.

2.2.The order is made in the following steps:

Selection of the desired goods
Entry of personal data for the order in the web shop (first name, last name, street, house number, postal code, city, country, e-mail address).
Display of the pre-contractual information for consumers, if they are not already visible in the product.
Choice of shipping method and method of payment
Checking the information in the shopping cart
Confirmation by clicking the button “Order with obligation to pay”

2.3. By ordering in the web shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By sending the order, the customer accepts the pre-contractual information for consumers and the general terms and conditions as solely relevant for the legal relationship with The Martha Family.

2.4. The Martha Family will immediately confirm receipt of the customer’s order. This confirmation only serves the customer as proof of the successful receipt of the order and does not constitute acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if The Martha Family expressly declares this in writing.

2.5. The Martha Family is entitled to accept the contract offer contained in the order within three working days of receipt by The Martha Family. This acceptance takes place through the transmission of a written order confirmation. If The Martha Family does not send an order confirmation to the customer within the deadlines specified above, the customer’s commitment period has expired, and the purchase contract has not been concluded. The Martha Family is entitled to refuse to accept the order – for example after checking the customer’s creditworthiness.

2.6. The text of the contract is saved by The Martha Family and sent to the customer by e-mail after the contract has been concluded, together with the legally effective general terms and conditions.

3. Right of Withdrawal of the consumer

3.1. You have the right to withdraw from this contract within fourteen days without giving a reason.

3.2. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of a contract for several goods ordered in a single order but delivered separately or ordered in several orders and delivered together, from the day on which you or a third party designated by you, who is not the carrier, delivered the last goods took possession.

3.3. In order to exercise your right of withdrawal, you must inform us (The Martha Family) of your decision to withdraw from this contract by means of a clear statement (e.g. email to contact@marcmartha.com). You can use the attached sample withdrawal form for this however, is not mandatory.

3.4. In order to meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of your right of cancellation before the cancellation period has expired.

3.5. If you withdraw from this contract,

we have to repay the purchase price of the item or items you ordered – excluding the delivery costs and the customs duties – immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must send back or hand over the unused goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the shipping costs both ways, i.e. both shipping the items to you and shipping in the event of a return due to your withdrawal from the contract. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you had to pay customs duties upon receiving the goods ordered, you are responsible to ensure that the customs duties paid on import are reimbursed to you, by indicating when posting the goods for return that an order is being returned. You must take all necessary steps to ensure that you do not have to pay customs duties again on the return and that you are reimbursed for the customs duties paid on importation. If you are unsuccessful in doing so, you must pay for the damage incurred yourself. The Martha Family does not pay any customs fees.

3.6. The return address is

The Martha Family
Boeksveldplein 1
2610 Antwerp
Belgium

3.6.The right of withdrawal does not apply to the delivery of

The right of withdrawal does not apply to the delivery of goods made to customer specifications or clearly tailored to personal needs;
Goods that can spoil quickly or whose use-by date would soon be exceeded
Goods that are not suitable for return for reasons of hygiene and health protection if they are delivered sealed and the customer removes the seal (e.g. underwear or swimwear),
Goods which, due to their nature, were inseparably mixed with other goods after delivery.

4. Other withdrawal from contract

4.1. The Martha Family’s Right of Withdrawal

The Martha Family is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, particularly in the event of default of payment. In addition, The Martha Family is entitled to breach an obligation according to 8.3. to withdraw from the contract and to demand the return of the goods if The Martha Family can no longer be expected to adhere to the contract.

This rescission is without prejudice to The Martha Family’s claim for damages due to non-performance. In addition, the customer owes The Martha Family an appropriate fee for the use of the goods. In the event of withdrawal from the contract according to 4.1., The Martha Family has the choice of requesting a flat-rate compensation of 15% of the invoice amount or the damage actually incurred.

4.2. Unjustified cancellation by the customer

If the customer withdraws from the contract without being entitled to do so or if he requests its cancellation, The Martha Family has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract. In the latter case, the customer is obliged, at The Martha Family’s option, to request either a flat-rate compensation of 15% of the invoice amount or the damage actually incurred.

4.3. Returns

If the contract is withdrawn in accordance with point 4 (by mutual agreement or otherwise justified), the customer must return the goods that have already been delivered to The Martha Family immediately, but no later than 5 working days after withdrawal from the contract, at their own risk and expense.

The return address is

The Martha Family
Boeksveldplein 1
2610 Antwerp
Belgium

5. Prices and terms of payment

5.1. The prices offered are daily prices and apply until revoked. Belgian sales tax is included in the price. Despite our best efforts, a few products in the web shop or catalog may be incorrectly priced. When processing the order, the prices are also checked. If there is an error in the pricing and the correct price is higher than the price on the website, the customer will be contacted before the order is confirmed and before the goods are shipped whether they wish to purchase the product at the correct price or cancel. If the correct price of the goods is lower than that stated on the website, the correct lower price will be recorded in the order confirmation and only this amount will be charged.

5.2. Costs for packaging and shipping are invoiced separately in the form of a flat rate and shown as a separate item in the order. These are deemed to have been approved by the customer with the order in terms of content and amount. The prices valid at the time of the order are always decisive.

5.3. Customs fees for shipping orders to countries outside the European Union are fully borne by the customer. If the customer exercises his right of withdrawal according to point 3 (CONSUMER’S RIGHT OF WITHDRAWAL) and sends the goods back to The Martha Family, he must ensure that the customs duties paid on import are reimbursed to him, by indicating when posting the goods for return that an order is being returned. The customer must take all necessary steps to ensure that he does not have to pay customs duties again on the return and also to be reimbursed for the customs duties paid on importation. If the customer is unsuccessful, he must pay for the damage incurred himself.

5.4. The customer can pay the price using the forms of payment offered in the online shop. The Martha Family reserves the right to exclude individual payment methods after a credit check.

5.5. In the event of late payment, The Martha Family is entitled to charge 5% interest on arrears p.a., but in any case the statutory interest on arrears. We reserve the right to assert further damages.

5.6. If the customer does not pay the amount owed after setting a reasonable grace period, The Martha Family has the right to withdraw from the contract and/or to demand damages instead of performance.

5.7. The customer undertakes to bear all necessary costs associated with the collection of the claim for which he is responsible for appropriate out-of-court debt enforcement and collection measures, insofar as these are in reasonable proportion to the claim being pursued.

5.8. If the customer is in arrears, incoming payments will first be credited against the costs incurred by the collection of extrajudicial, including debt collection and legal dunning and judicial nature, against the interest accrued so far, and only then against the capital. If the customer has several obligations towards The Martha Family, the incoming payments will be offset against those arrears that have been outstanding the longest in the manner described above.

6. Delivery

6.1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer in accordance with the delivery conditions.

6.2. If The Martha Family exceeds a delivery period of 30 days, the customer can set a reasonable grace period in writing and withdraw from the contract if this is exceeded.

6.3. The occurrence of events for which The Martha Family is not responsible, such as force majeure, strikes, lockouts, production stoppages at the sub-suppliers or the like, delay the expiration of delivery periods for the duration of this event. If the delivery becomes impossible or unreasonable for The Martha Family er due to the circumstances mentioned, The Martha Family is released from the delivery obligation in the sense of a mutual contract termination without the customer being able to derive any claims against The Martha Family, for whatever legal reason. The Martha Family will inform the customer of this immediately. If the delay in delivery lasts longer than four weeks, the customer is entitled to withdraw from the contract. In this case, the customer is not entitled to any claims for damages, except in the case of intent and gross negligence on the part of The Martha Family, or other claims.

7. Transfer of Risk

7.1. In the case of the customer, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery, but in the case of mail-order sales only upon delivery of the goods to the customer or to a third party designated by the customer who is different from the carrier.

7.2. It counts as delivery / handover, if the customer is in arrears with the reception of the delivery.

8. Retention of the property title

8.1. The delivered goods remain the unrestricted property of The Martha Family until full payment (including interest, expenses and costs). The customer undertakes to keep the object of purchase free of third-party rights until full payment has been made, in particular not to resell or pledge the object of purchase or give it to third parties as security.

8.2. The customer is not permitted to treat or process the goods during the retention of title.

8.3. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense. The customer must inform The Martha Family immediately in writing of any access by third parties to the reserved goods, in particular of enforcement measures, as well as any damage or destruction of the reserved goods. The customer must notify us immediately of any change in ownership of the reserved goods and the specified change of address. The customer has to compensate The Martha Family for all damages and costs caused by a breach of the obligations and by necessary intervention measures against access by third parties to the goods.

8.4. The Martha Family is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, particularly in the event of default of payment. In addition, The Martha Family is entitled to breach an obligation according to 8.3. to withdraw from the contract and to demand the return of the goods if The Martha Family can no longer be expected to adhere to the contract. This withdrawal is without prejudice to The Martha Family ‘s claim for damages due to non-performance. In addition, the customer owes The Martha Family an appropriate fee for the use of the goods.

8.5. As long as the goods have not been paid for in full, rights and obligations arising from the purchase contract may not be transferred by the customer to third parties without the express written consent of The Martha Family.

9. Defects liability / Statutory Warranty

9.1. The Martha Family provides a warranty within the framework of the Belgian statutory warranty laws

9.2. The Martha Family does not give any guarantee to the customer in the legal sense.

10. Limitations of Liability

10.1. Claims for damages are limited to damages caused intentionally or through gross negligence by The Martha Family. Claims for damages in the event of slight negligence are excluded.

10.2. The Martha Family is only liable for her own content on the website of her online shop. Insofar as links allow access to other websites, The Martha Family is not responsible for the external content contained there. The Martha Family does not adopt the external content as her own.

11. Copyright, change of address

11.1. Designs and drafts remain the intellectual property of The Martha Family, as do samples, catalogues, brochures, illustrations and the like; the customer does not receive any rights of use or exploitation whatsoever.

11.2. The customer is obliged to notify The Martha Family of any changes to his residential address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.

12. Applicable Law

12.1. If Belgian law does not apply anyway due to the orientation of this web shop to Belgium, the applicability of Belgian law shall apply exclusively, to the exclusion of the UN Sales Convention.

12.2. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13. Final Clause

13.1. The contract language is English.
13.2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.