Terms & Conditions

Terms of use

Welcome to the MART website! This website is owned and operated by Martha Fogarty, LLC dba MART (“we”, “us”, “our”).  These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to you (a “User”) and your access to and use of http://www.martbymartha.com (the “Website”).  Your use of this Website (and any other feature, content or application offered at any time now or in the future by the Website) is subject at all times to these Terms of Use (which may be altered and updated by us without notice at any time) and all applicable laws, rules and regulations. Access of the website. http://www.marbymartha.com by you (the “User”) is considered acceptance of these terms as outlined here or as updated or altered in the future. Please read these Terms of Use carefully and contact us with any questions.

Acceptance of terms

By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below.   If you do not agree to be bound by these Terms of Use, please do not access or use this Website.  These Terms of Use may be modified, changed or altered by us at any time without prior notice.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.  Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes. You may request a copy of these Terms of Use by emailing us at info@martbymartha.com.  Please include the subject, “Terms of Use Agreement”.

In order to participate in additional Website services or promotions, you may or may not be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use. Participation in such services or promotions by you will be considered agreement to those terms and these outlined here.

Use of Website

Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that (a) any registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.

Permitted Uses

This Website is not intended for children, considered any persons under the age of 13. We have no intention of collecting personally identifiable information from children. The content and information posted on this Website are provided as information to interested persons and may be used for informational and personal purposes only.  Modification or use of the materials for any other purpose will be considered a violation of our (or a third party’s) intellectual property rights.  This Website is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges.

Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent.  Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

Requests for redistribution, republication and transmission of any portion of the website can be sent to the following address:
PO BOX 170598

Ownership of Content

All content is owned in totality by MART, inclusive, but not limited to: graphics, photos, artwork, as well as other elements not listed here. Any requests to ‘borrow’ imagery should be directed to the above address. Terms of such lending by us to you will be at the discretion of MART, and outlined on a case-by-case basis.


Orders placed on the website are secure and binding. Pre-order items will be delivered in the specified delivery window – located in the item description. The website accepts all major credit cards and no other form of tender: cash and check are not accepted by the website. Pre-order items will be billed at time of purchase and delivered to the address provided by the user at time of purchase, within the delivery window specified.


Upon receipt of MART merchandise, inspect all of your items carefully. If damage is found, please notify MART immediately at info@martbymartha.com. Damaged items will be replaced if inventory accommodates. If inventory is not available a return will be provided once the original, damaged item is returned. After 5 days of shipment receipt by user, damages are considered typical wear and tear to the garment and/or item and a return will no longer be accepted.

Returns require a Return Authorization number obtained from info@martbymartha.com, and should be located on the exterior of the original packaging.

Returns should be sent to:
PO BOX 170598

Returns are not accepted for any reason other than damage. Merchandise can be exchanged for items of the same amount or greater. Credit is not issued.


All items are shipped to the address provided by you, the user, at the time of sale. Items will ship within 7 business days of order receipt. Pre-order items will ship within specified delivery window – detailed in the item description.

Orders within the continental United States will be received within 7 business days of shipping date. Orders outside of the continental United States will arrive per the details specified on the order tracking. Details on order status once shipped can be obtained by the appropriate 3rd party shipping company.

MART is not responsible for lost or stolen shipments. All grievances should be forwarded to the 3rd party shipping company. MART is not responsible for shipments received at the incorrect address, address is considered correct as user supplied.
Orders can be shipped to a separate address than billed, but no orders will be sent to PO BOX addresses.


All orders are secure transactions. MART bears no responsibility for blanket internet or website corruption.

Personal Information and Privacy

MART reserves the right to collect and file personal information provided by the user. No information will ever be disclosed to unauthorized 3rd parties without prior verification from the user.

Personal information is collected for order fulfillment and user correspondence only.

Garment/Item Care

MART is not responsible for damages to items caused by the user. Cleaning instructions provided on the item should be followed.
For further information or clarification on the terms outlined above, please email info@martbymartha.com


Wholesale accounts should contact MART at sales@martbymartha.com. Wholesale terms and conditions are outlined in the terms agreed upon at time of order confirmation.

If you are interested in carrying any products from MART, please contact sales@martbymartha.com and provide the appropriate contact information.