Terms of service

Terms of Service

Brand: Dear Martina
Company: PRE-SELECTED ECOM GbR
Website: dearmartina.com
Last updated: August 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of dearmartina.com (the "Site") and all content, products, and services available through it.

The Site is owned and operated by PRE-SELECTED ECOM GbR, Schützenstraße 71, 58452 Witten, Germany ("Dear Martina", "we", "us", "our").

By accessing or using any part of the Site, you agree to be bound by these Terms, together with our Privacy Policy, Shipping Policy, and Refunds & Cancellations Policy, which are incorporated by reference.

If you do not agree to these Terms, you may not access the Site or purchase our products.

We reserve the right to update these Terms at any time. Changes take effect upon posting. Your continued use of the Site constitutes acceptance of any changes.

2. Health & Medical Disclaimer

Please read this section carefully.

Dear Martina sells dietary supplements. Our products are not medicines and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

  • Statements made about our products have not been evaluated by the U.S. Food and Drug Administration (FDA), the UK Medicines and Healthcare products Regulatory Agency (MHRA), the Therapeutic Goods Administration (TGA) in Australia, or the European Food Safety Authority (EFSA)
  • Nothing on this Site constitutes medical advice and is not a substitute for consultation with a qualified healthcare professional
  • Never disregard professional medical advice or delay seeking it because of something you have read on this Site
  • Always consult your doctor before starting any supplement, especially if you have a medical condition or take prescription medication

Who should consult a healthcare professional before use

We strongly recommend speaking to a doctor before using our products if you:

  • Are pregnant, planning to become pregnant, or breastfeeding
  • Are under 18 years of age
  • Take prescription or over-the-counter medication, particularly blood thinners
  • Have a diagnosed medical condition, including liver, kidney, or autoimmune conditions
  • Have known allergies to any listed ingredient
  • Are scheduled for surgery

Ingredient responsibility

Full ingredient information is listed on every product page. It is your responsibility to review this before purchasing. Discontinue use and consult a healthcare professional if you experience any adverse reaction.

Dietary supplements should not replace a varied, balanced diet and a healthy lifestyle. Do not exceed the recommended daily dose.

Keep out of reach of children.

3. Results Disclaimer

Individual results vary.

Any testimonials, reviews, before-and-after content, or results shown on our Site, in our advertising, or on our social media channels represent individual experiences only. They are not a guarantee, promise, or representation that you will achieve the same or similar results.

Factors including age, health status, diet, activity level, consistency of use, and individual physiology all affect outcomes. No specific result is guaranteed.

4. Products & Availability

  • All products are subject to availability and may be withdrawn at any time
  • Product images are for illustration purposes; packaging and appearance may vary
  • We reserve the right to modify or discontinue any product without notice
  • We do not guarantee that product descriptions, ingredient listings, or other content on the Site are error-free

5. Pricing & Payment

Prices

  • All prices are displayed in your local currency and include applicable VAT/GST where required by law
  • Prices exclude shipping costs and any customs duties or import charges (see our Shipping Policy)
  • We reserve the right to change prices at any time without prior notice. Changes do not affect orders already placed and confirmed

Pricing errors

Despite our best efforts, products may occasionally be listed at an incorrect price due to typographical, technical, or human error.

We reserve the right to refuse or cancel any order placed at an incorrect price, whether or not the order has been confirmed and payment taken. If we cancel an order for this reason, we will notify you and issue a full refund.

Payment methods

We accept payments via Shopify Payments, PayPal, and Klarna. Payment is taken at the time of order. All payment data is processed by PCI DSS-compliant providers — we do not store full card details.

6. Subscriptions

Enrolment

By subscribing, you authorise us to charge your payment method on a recurring basis at the interval selected at checkout, until you cancel.

Price protection for existing subscribers

If our prices increase, existing subscribers keep their original subscription price for as long as their subscription remains active and uninterrupted.

Please note:

  • If you cancel and later resubscribe, the current price at the time of resubscription will apply — your previous rate cannot be reinstated
  • If your subscription lapses due to a failed payment that is not resolved, the current price will apply upon reactivation

New price changes apply only to new subscribers.

Cancellation

You may cancel at any time by emailing info@dearmartina.com at least 48 hours before your next renewal date. Full details are in our Refunds & Cancellations Policy.

Subscription orders that have already shipped are non-refundable.

7. Order Acceptance & Right to Refuse

Your order is an offer to purchase. A contract is formed only when we send you a shipping confirmation.

We reserve the right to refuse, limit, or cancel any order at our sole discretion, including where we reasonably suspect:

  • Fraudulent activity or unauthorised payment
  • Purchase for the purpose of resale or commercial distribution
  • Coupon or promotion abuse (see Section 8)
  • An excessive pattern of returns or refund claims
  • Use of multiple accounts, addresses, or payment methods to circumvent our policies
  • A shipping destination we do not serve
  • A pricing or listing error

Where we cancel a paid order, we will issue a full refund.

8. Promotions, Discounts & Coupons

  • Discount codes are limited to one per customer, per order, unless expressly stated otherwise
  • Codes may not be combined unless expressly permitted
  • Codes have no cash value and cannot be exchanged or refunded
  • Codes are non-transferable and may not be sold, traded, or published on coupon aggregator sites

Abuse of any promotion — including the creation of multiple accounts, use of disposable email addresses, or circumvention of usage limits — will result in cancellation of the affected orders and may result in a permanent purchasing ban.

We reserve the right to void any discount code at any time.

9. Resale & Distribution Prohibited

Our products are sold strictly for personal use only.

You may not resell, redistribute, or offer for sale any Dear Martina product — including via online marketplaces (Amazon, eBay, Etsy, Facebook Marketplace, etc.), retail outlets, or in person — without our express prior written consent.

We reserve the right to:

  • Cancel and refuse orders where we reasonably suspect intent to resell
  • Impose quantity limits on orders
  • Pursue legal remedies against unauthorised resellers

Products purchased from unauthorised sellers are not covered by our Money-Back Guarantee, warranties, or customer support. We cannot verify the authenticity, storage conditions, or expiry of products not purchased directly from us.

10. Intellectual Property

All content on the Site — including the Dear Martina name and logo, product names, formulations, packaging design, text, graphics, images, video, and advertising copy — is owned by or licensed to PRE-SELECTED ECOM GbR and protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, reproduce, modify, or distribute any Site content without written permission
  • Reverse engineer, duplicate, or imitate our products, formulations, packaging, or branding
  • Use our trademarks or brand assets in any way that suggests endorsement or affiliation

Unauthorised use will be pursued to the fullest extent of applicable law.

11. Customer Reviews & User Content

If you submit a review, photo, video, comment, or any other content ("User Content") to our Site or social media channels, the following applies.

Your warranties

You confirm that:

  • The content is your own original work and truthfully reflects your genuine experience
  • You own all rights to the content, or have obtained all necessary permissions
  • The content does not infringe any third party's rights
  • The content is not defamatory, obscene, misleading, unlawful, or offensive
  • The content does not contain unsolicited promotional material or spam

Licence you grant us

By submitting User Content, you grant Dear Martina a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any media and for any purpose, including:

  • Display on our Site and product pages
  • Paid advertising on Meta (Facebook, Instagram) and other platforms
  • Email and SMS marketing campaigns
  • Social media and organic content
  • Packaging and print materials

This licence continues even if you later delete your content or stop being a customer. You waive any right to compensation for such use.

Our moderation rights

We reserve the absolute right, at our sole discretion and without notice or explanation, to review, edit, refuse to publish, or remove any User Content. We are under no obligation to publish or retain any submission.

We do not endorse, guarantee, or accept responsibility for opinions expressed in User Content.

12. Advertising & Marketing Content

Our advertising may include AI-generated or AI-assisted imagery, video, and voice content, as well as paid actors, models, and dramatisations.

Where content is illustrative rather than a real customer, this reflects a creative representation and not a factual claim about a specific individual's results. All product claims and ingredient information remain accurate regardless of the format in which they are presented.

Genuine customer testimonials are marked as such and represent individual experiences only (see Section 3).

13. Affiliates & Influencers

We may from time to time work with affiliates, influencers, and brand partners who receive compensation, commission, or free product in exchange for promoting Dear Martina.

Such partners are required to disclose their relationship with us in accordance with applicable advertising standards (FTC, ASA, ACCC, and equivalent bodies).

Statements made by affiliates or influencers are their own opinions. Dear Martina is not responsible for claims made by third parties that go beyond our official product information, and does not endorse any claim not published on this Site.

14. Customer Accounts

Customer accounts are not currently available on our Site — orders are placed via guest checkout.

We intend to introduce customer accounts in future. When we do:

  • You will be responsible for maintaining the confidentiality of your login credentials
  • You will be responsible for all activity occurring under your account
  • You must notify us immediately of any unauthorised access
  • We may suspend or terminate any account at our discretion

We may also introduce a blog or community features in future, at which point the User Content provisions in Section 11 will apply to any content you post there.

15. Acceptable Use

You agree not to:

  • Use the Site for any unlawful purpose
  • Attempt to gain unauthorised access to the Site, its servers, or connected systems
  • Introduce viruses, malware, or any harmful code
  • Use automated systems (bots, scrapers, crawlers) to access the Site without permission
  • Interfere with the Site's operation or security
  • Impersonate any person or entity
  • Harvest data about other users

We reserve the right to terminate your access to the Site for any breach of these Terms.

16. Third-Party Links

The Site may contain links to third-party websites. These are provided for convenience only. We do not control, endorse, or accept responsibility for the content, products, or practices of any third-party site. Accessing third-party sites is at your own risk.

17. Disclaimer of Warranties

The Site is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses.

Nothing in this section limits or excludes any warranty or right that cannot be lawfully limited or excluded — including your statutory rights as a consumer under German, EU, UK, Australian, US, or Canadian law.

18. Limitation of Liability

To the fullest extent permitted by applicable law, PRE-SELECTED ECOM GbR shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Site or our products.

Our total aggregate liability arising from any order shall not exceed the total amount paid by you for that order.

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be lawfully excluded under applicable consumer protection law

Australian consumers

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

19. Indemnification

You agree to indemnify and hold harmless PRE-SELECTED ECOM GbR, its partners, and its agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes is Witten, Germany, to the extent legally permissible.

Consumer protection — important

If you are a consumer, this choice of law does not deprive you of the protection afforded by the mandatory consumer protection laws of your country of residence. Consumers may also bring proceedings in the courts of their own country of habitual residence.

EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

21. Arbitration Agreement — United States Customers Only

This Section 21 applies only to customers resident in the United States. It does not apply to customers in the EU, UK, Australia, Canada, or elsewhere.

Agreement to arbitrate

You and Dear Martina agree that any dispute arising out of or relating to these Terms or your purchase will be resolved by binding individual arbitration rather than in court, governed by the Federal Arbitration Act.

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org.

Class action waiver

You and Dear Martina agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Exceptions

This section does not prevent either party from:

  • Bringing an individual claim in small claims court
  • Seeking injunctive relief for intellectual property infringement
  • Pursuing an enforcement action through an applicable government agency

Notice requirement

Before initiating arbitration, the party seeking arbitration must send written notice of the dispute to the other party, describing the claim and the relief sought. Notice to Dear Martina should be sent to: PRE-SELECTED ECOM GbR, Schützenstraße 71, 58452 Witten, Germany. Both parties will attempt to resolve the dispute informally for 30 days before arbitration may commence.

Opt-out

You may opt out of this arbitration agreement by sending written notice to info@dearmartina.com within 30 days of your first purchase, stating your name, address, and intent to opt out. Opting out will not affect any other part of these Terms.

22. Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, war, civil unrest, government action, carrier disruption, labour disputes, supply chain failure, or interruption of internet or utility services.

23. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

24. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Refunds & Cancellations Policy, constitute the entire agreement between you and Dear Martina regarding your use of the Site and supersede any prior agreements.

Our failure to enforce any provision does not constitute a waiver of that provision.

25. Contact

Brand: Dear Martina
Company: PRE-SELECTED ECOM GbR
Address: Schützenstraße 71, 58452 Witten, Germany
Email: info@dearmartina.com
Website: dearmartina.com

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.