Terms of service

TERMS OF SERVICE

Last updated: 1 March 2026

ARTICLE 1 — PURPOSE AND SCOPE

These Terms of Service (hereinafter "the Terms") are established by H and R Agency FZ-LLC, a Free Zone Limited Liability Company incorporated and registered with the Ras Al Khaimah Economic Zone Authority (RAKEZ), under licence number 17005362 and registration number 0000004065895, with its registered office at Compass Building, Al Hulaila, AL Hulaila Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates (hereinafter "the Company", "we" or "H and R Agency"), and set out in a comprehensive and binding manner the terms and conditions of access, browsing, and use of the e-commerce platform accessible at https://www.marcomoretti.shop (hereinafter "the Site"), as well as the mutual rights and obligations of the Company and any user of the Site (hereinafter "the User").

The Site is dedicated to the online sale of premium sunglasses and fashion accessories, targeting an international clientele, and in particular customers residing within the European Union and primarily in France.

These Terms apply to any access to the Site, any consultation of its content, any creation of a user account, any placement of an order, and any interaction with the services offered by H and R Agency FZ-LLC, regardless of their nature. They are binding on the User from the moment they access the Site and prevail over any conflicting document, unless expressly and specifically agreed otherwise in writing by the Company.

These Terms must be read in conjunction with the Privacy Policy, the Return and Refund Policy, the Shipping Policy, and the General Terms and Conditions of Sale, all of which together form a single, indivisible contractual whole governing the relationship between H and R Agency FZ-LLC and the User.

ARTICLE 2 — ACCEPTANCE OF THE TERMS OF SERVICE

Accessing the Site, consulting its content, or performing any operation on it constitutes, on the part of the User, full, complete, and unreserved acceptance of these Terms in their version in force at the date of such use. This acceptance is deemed to constitute an electronic signature within the meaning of applicable legal provisions.

The User expressly acknowledges having read these Terms in their entirety prior to any use of the Site, and declares having the legal capacity required to enter into contractually binding commitments. Any use of the Site by a minor must be carried out under the full supervision and exclusive responsibility of their legal guardian.

H and R Agency FZ-LLC reserves the right to modify, supplement, or update these Terms at any time, without notice, in particular to comply with any applicable legislative, regulatory, or case law developments, or to reflect changes to the services offered. The version in force is the one accessible on the Site at the date of use by the User. It is the User's responsibility to consult the Terms regularly in order to be aware of any modifications. Continued use of the Site following any modification constitutes tacit and irrevocable acceptance of the new terms.

ARTICLE 3 — ACCESS TO THE SITE AND SERVICE AVAILABILITY

H and R Agency FZ-LLC makes every effort to ensure continuous, stable, and secure access to the Site, seven (7) days a week and twenty-four (24) hours a day. However, the Company reserves the right to temporarily suspend, interrupt, or restrict access to the Site or all or part of its features, without notice or compensation, in particular in the following circumstances:

  • Preventive or corrective technical maintenance, updates, or improvements to the Site's technical infrastructure;
  • Editorial, commercial, or legal updates to the Site's content;
  • Malfunction, interruption, or failure of a third-party technical provider involved in the operation of the Site, including in particular the Shopify platform;
  • Cyberattack, hacking attempt, or security incident requiring immediate action;
  • Occurrence of a force majeure event as defined in Article 8 of these Terms.

H and R Agency FZ-LLC shall not be liable for any damage whatsoever resulting from an unavailability, interruption, or malfunction of the Site, regardless of the cause, duration, or consequences for the User. The User acknowledges and accepts that the availability of the Site is subject to the inherent uncertainties of electronic communications networks and information technologies.

ARTICLE 4 — CONDITIONS OF USE OF THE SITE

4.1 — Personal and non-commercial use

The products sold on the Site are intended exclusively for the strictly private and personal use of the end User. Any purchase made on the Site for the purposes of resale, distribution, commercial exploitation, representation, or any other professional or commercial use is strictly prohibited, unless prior written, express, and explicit consent has been obtained from H and R Agency FZ-LLC.

4.2 — Formal prohibitions

The following acts are strictly and expressly prohibited for any User, on pain of civil and criminal liability:

  • Attempting any unauthorised access, intrusion, hacking, or disruption of the computer systems, servers, networks, or technical infrastructure of H and R Agency FZ-LLC, including through the use of malware, viruses, Trojan horses, bots, or any other tool capable of compromising the integrity of the Site;
  • Impersonating the Company, its representatives, its service providers, or any other User;
  • Publishing, disseminating, transmitting, or making accessible any unlawful, defamatory, abusive, obscene, violent, discriminatory, or public order-violating content, whether in the form of customer reviews, comments, or any other interactive feature of the Site;
  • Collecting, extracting, reproducing, or automatically exploiting data contained on the Site, in particular through the use of indexing robots, scrapers, or any mass data extraction tool, without prior written authorisation from the Company;
  • Using the Site for fraudulent purposes, including money laundering, financing of unlawful activities, or in violation of applicable e-commerce regulations;
  • Attempting to circumvent, disable, or compromise the security, authentication, or access control measures in place on the Site;
  • Introducing into the Site any programme, routine, or mechanism capable of disrupting, slowing, or altering its normal operation.

In the event of a proven breach of any of the above prohibitions, H and R Agency FZ-LLC reserves the right, without prior notice or formal demand and without prejudice to any other legal remedy, to immediately and permanently suspend or terminate the infringing User's access to all its services, to initiate any appropriate civil or criminal proceedings, and to claim full compensation for any losses suffered.

ARTICLE 5 — INTELLECTUAL PROPERTY

All elements constituting the Site, including without limitation texts, articles, editorial content, photographs, illustrations, graphics, logos, trademarks, trade names, slogans, videos, animations, graphical interfaces, Site architecture, databases, icons, visual identity, and all other digital or analogue content (hereinafter "the Elements"), are the exclusive property of H and R Agency FZ-LLC or are subject to a duly acquired licence from the relevant rights holders.

These Elements are protected by applicable intellectual property law, including copyright, trademark law, database law, and design law, pursuant to French and European legislation and the international conventions to which those territories are party.

Any reproduction, representation, translation, adaptation, extraction, distribution, broadcast, public communication, or exploitation of all or part of the Site's Elements, in any form and by any means, including downloading, copying, printing, scraping, or any other method, without the prior written and express authorisation of H and R Agency FZ-LLC, is strictly prohibited and constitutes an act of infringement liable to give rise to civil and criminal proceedings against its author, pursuant in particular to Articles L. 335-2 et seq. of the French Intellectual Property Code.

Any request for authorisation to use or reproduce all or part of the Site's Elements must be sent by email to: contact@marcomoretti.shop. The absence of a response from H and R Agency FZ-LLC shall not constitute tacit acceptance of the request.

ARTICLE 6 — LIABILITY OF THE COMPANY

6.1 — Liability relating to the use of products

H and R Agency FZ-LLC commits to selling products that conform to the descriptions on the Site and meet applicable quality standards. However, the Company's liability shall not be engaged in the event of misuse, use contrary to recommendations, negligence, or carelessness on the part of the User in the use of products purchased on the Site.

6.2 — Limitation of liability

To the extent permitted by applicable mandatory legal provisions, and in particular by the consumer protection legislation in force within the European Union, H and R Agency FZ-LLC shall not be liable for indirect, consequential, incidental, non-material, or punitive damages resulting from the use of the Site or the products sold, or the inability to access them, including in particular:

  • Loss of data, loss of opportunity, loss of revenue, loss of profit, commercial or moral damages;
  • Delivery delays or interruptions resulting from circumstances beyond the Company's control, including those related to logistics providers, customs services, or weather conditions;
  • Technical incompatibilities between the Site and the User's equipment, software, or operating systems;
  • Failures attributable to third-party technical, logistics, or financial providers involved in the operation of the Site or in the fulfilment of orders.

It is expressly noted that the statutory rights of Consumers residing within the European Union, arising in particular from Directive 2011/83/EU and the French Consumer Code, remain fully applicable and cannot be limited or excluded by these Terms.

ARTICLE 7 — HYPERLINKS AND THIRD-PARTY CONTENT

The Site may contain hyperlinks redirecting to third-party websites that are not under the control of H and R Agency FZ-LLC. These links are provided for informational and convenience purposes only. The Company exercises no control over the content of such third-party websites and assumes no responsibility for their availability, content, privacy policy, or any other characteristic.

The creation of a hyperlink to the H and R Agency FZ-LLC Site is subject to prior written authorisation from the Company. Any such request must be sent to: contact@marcomoretti.shop.

ARTICLE 8 — FORCE MAJEURE

H and R Agency FZ-LLC shall not be held liable for total or partial non-performance, or defective performance, of any of its contractual obligations, where such non-performance results from a force majeure event within the meaning of Article 1218 of the French Civil Code, that is to say an event beyond the Company's control, which could not reasonably have been foreseen at the time of entering into the contract, and whose effects cannot be avoided by appropriate measures.

Force majeure events include in particular, without this list being exhaustive:

  • Natural disasters, floods, fires, storms, earthquakes, or epidemics;
  • Wars, armed conflicts, terrorist acts, riots, insurrections, or government embargoes;
  • Total or partial strikes, lockouts, or industrial action affecting the Company's logistics providers, carriers, or suppliers;
  • Failures of electronic communications networks, electricity supply interruptions, or major technical failures of hosting or payment service providers;
  • Large-scale cyberattacks, hacking incidents, or security incidents affecting the normal operation of the Site.

In the event of a force majeure event, H and R Agency FZ-LLC will endeavour to inform the User as promptly as reasonably possible and to implement all reasonably available measures to limit the consequences.

ARTICLE 9 — APPLICABLE LAW AND DISPUTE RESOLUTION

For Users residing within the European Union, these Terms are governed by the mandatory provisions of the law of the User's country of residence, in accordance with Regulation (EC) No 593/2008 of 17 June 2008 (Rome I) on the law applicable to contractual obligations, and Regulation (EU) No 1215/2012 of 12 December 2012 (Brussels I bis) on jurisdiction.

In the event of a dispute arising from the interpretation, application, or performance of these Terms, the User is invited to contact H and R Agency FZ-LLC's customer service team in the first instance at contact@marcomoretti.shop (available 7 days a week, 24 hours a day), in order to seek an amicable resolution within a reasonable timeframe.

In accordance with Article L. 612-1 of the French Consumer Code, failing an amicable resolution, Consumers residing in France have the right to refer the matter free of charge to a competent consumer mediator. For cross-border disputes within the European Union, the User may also use the Online Dispute Resolution (ODR) platform provided by the European Commission, accessible at: https://ec.europa.eu/consumers/odr.

ARTICLE 10 — MISCELLANEOUS PROVISIONS

10.1 — Partial invalidity

If any provision of these Terms is declared void, unlawful, or unenforceable by a competent court, the remaining provisions of the Terms shall remain fully in force and effect, without prejudice to their binding nature.

10.2 — Non-waiver

The failure of H and R Agency FZ-LLC to invoke, at any given time, any provision of these Terms shall not be construed as a definitive waiver of the benefit of that provision.

10.3 — Entire agreement

These Terms, read in conjunction with all policies published on the Site, constitute the entire agreement between H and R Agency FZ-LLC and the User with respect to the subject matter hereof, and supersede all prior agreements, commitments, or documents relating to the same subject matter.

ARTICLE 11 — CONTACT AND CUSTOMER SERVICE

For any question, complaint, or request for information regarding the application of these Terms or the use of the Site, the User may contact H and R Agency FZ-LLC via the following details:

LEGAL INFORMATION

  • Company: H and R Agency FZ-LLC
  • Type: Free Zone Limited Liability Company (FZ-LLC)
  • Supervisory authority: Ras Al Khaimah Economic Zone Authority (RAKEZ)
  • Licence number: 17005362
  • Registration number: 0000004065895
  • Registered office: Compass Building, Al Hulaila, AL Hulaila Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates
  • Email: contact@marcomoretti.shop
  • Website: https://www.marcomoretti.shop
  • Hosting provider: Shopify Inc., 151 O'Connor Street, Ground floor, Ottawa, Ontario, Canada K2P 2L8
  • Customer service: Available 7 days a week, 24 hours a day — contact by email only