Legal text

 

1. Introduction


IS COMING FASHION S.L., in compliance with Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, Organic Law 15/1999 of December 13, on Personal Data Protection, Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, and other implementing regulations, has prepared these Purchase Conditions for the process of contracting articles offered in its eShop on the website https://www.iscoming.es

This document (hereinafter the “Conditions”) constitutes a commercial agreement binding the User (hereinafter “Client”) and Is Coming Fashion S.L. (hereinafter “IS COMING FASHION”). These Conditions establish the rights and obligations of the Client and IS COMING FASHION and EXPRESSLY, CLEARLY, COMPREHENSIBLY, AND UNEQUIVOCALLY determine the identity of the eShop owner, the characteristics of Is Coming... articles, prices, payment methods, the purchase process, guarantees, returns, and any other circumstances related to the purchase of Is Coming... articles.

All Is Coming... articles offered in the eShop are sold directly by IS COMING FASHION S.L. with registered office at Calle Argensola 2 Bajo izquierda, 28004, Madrid (Spain), with NIF no. B88503909, owner of the Is Coming... brand.

By placing an order, the Client expressly accepts these Conditions, as well as the Data Protection and Privacy Policy, and the Legal Notice found on the Website https://www.iscoming.es. Therefore, if the Client does not agree with them, they should not register, browse the Website, or place any order. These Conditions may be modified by IS COMING FASHION at any time and without prior notice, so the Client must read them before placing each order, with the Conditions in force at the time of placing the order being binding.

IS COMING FASHION offers Is Coming... articles through the eShop 24 hours a day, every day of the year. Minors may not place orders.

 


2. e-shop Registration


There are two ways to make a purchase: as a registered Client or as a guest (they may be referred to interchangeably as Client).

In the case of a registered Client, it will be necessary to fill out a form with personal data that can be modified by the Client to keep them updated, manage their purchases, track their orders, consult their history, create one or more wish lists, create a personal shopper profile to receive help with purchases, receive weekly updates, and participate in promotions, among other options. The data you provide will be incorporated into our database to process the order and facilitate new purchases in our eShop. Once registration is complete, you can access the private area as many times as you wish by entering your personal username and password. The registered Client can request that the system automatically recognize them by selecting the "REMEMBER ME" button, which speeds up the purchase process and provides more direct access to their personal data, as prior identification will not be necessary to access them. Automatic recognition is performed using cookies, as regulated in the Data Protection and Privacy Policy. If the registered Client has requested that the system recognize them automatically, IS COMING FASHION will only request identification if they connect to the eShop on the website www.iscoming.es from a different computer than usual or if they have deleted their temporary Internet files (cache and/or cookies).

The email and password are strictly personal and confidential, so the registered Client will be responsible for maintaining their secrecy and confidentiality. Consequently, the Client expressly accepts, unless proven otherwise, that IS COMING FASHION considers that the uses of the service and the purchases made using their identification keys are made by the registered Client, unless the Client has previously notified IS COMING FASHION of the loss or theft of the same to the email address customercare@iscoming.es

The email and password may be freely modified by the registered Client through the procedures established by IS COMING FASHION for this purpose. The replaced email and password will be canceled as a means of identification at the moment the new ones are generated.

IS COMING FASHION may block access and use of the website when deemed necessary for security reasons, fraud, or breach of obligations. If the registered Client incorrectly enters the password, a link will appear to start the password recovery process.

On the other hand, a user purchasing as a guest will not be obliged to register as a client but must provide the personal data necessary for shipping and, if applicable, invoicing, such as name, surname, address, and telephone number.
Failure to respond or inaccuracy in personal data will prevent the user from registering as a registered Client or as a guest in the eShop. All personal data provided will be subject to our Data Protection and Privacy Policy.
Before completing registration, regardless of whether it is as a registered Client or as a guest, the user must obligatorily accept these purchase conditions.

 

3. Client obligations

The Client is obliged to:

  • Communicate personal data necessary for order delivery to IS COMING FASHION accurately and correctly.
  • Adopt the necessary security measures, both personal and material, to maintain the confidentiality of their access key, as well as immediately notify IS COMING FASHION of its loss, misplacement, theft, or illegitimate access, as well as its knowledge by third parties.
  • Pay for the Is Coming… articles purchased through the eShop and for shipping costs, where applicable.
  • The Client may not place any fraudulent or false orders. IS COMING FASHION reserves the right to cancel the order and/or inform the relevant authorities if there are reasonable grounds to consider it as such.
  • Not to carry out any activity that hinders or interferes with the operation of the eShop.

 

4. Delivery territory

Is Coming articles are delivered exclusively in the countries where our eShop is available (see countries). Thus, each country has its own eShop with its own articles, prices, and shipping costs, which may vary. The system will automatically recognize the access country. If you wish to purchase a product to be delivered to a different country, you must make the purchase by first selecting the country from the corresponding link.

 

5. Purchase procedure

The Client must access the eShop to purchase Is Coming items, having the following information available:

  • Item description, reference, size, features, colors, composition, and photograph.
  • Price per unit.
  • Shipping costs.
  • Validity conditions of the offer, if applicable.

Once the item has been chosen, the Client must add the desired units of each item, size, color, etc., to the cart by clicking on the "ADD TO MY CART" button. Once the chosen items have been added to the cart, the Client can access a summary of the item selection by clicking on "MY CART" at the top right of the page, where a summary of the selected items appears. If the Client wants to modify quantities or delete items or proceed with the purchase, they must click on "GO TO MY CART" at the bottom right of the page, detailing the following information:

  • Is Coming... items
  • Description.
  • Quantity.
  • Unit Price.
  • Total Price of each item purchased.
  • Total Purchase Price.
  • Total Purchase Price.

When the Client wants to finalize the purchase, they must select the "CONTINUE" button within the cart. If it is a registered Client, they must provide their email and the assigned password. If they wish to purchase as a guest, they must enter their email and the necessary data for order delivery.

The Client will then proceed to "DELIVERY ADDRESS" and "PAYMENT DETAILS" for their order, where, in addition to entering payment details, they can review and modify their shipping and billing information. If they have a promotional code or an online voucher, it must be included at that time to benefit from the applicable conditions and discounts.

Next, the Client will select the payment method from the available options and enter the requested data.

To confirm the purchase, the Client must accept the Purchase Conditions, by selecting the corresponding box and proceeding to accept them by clicking on the "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS" button, and then click on the "AUTHORIZE PAYMENT" button. The Client will receive an email informing them of the order details ("Order Confirmation"). Non-receipt of this message may be due to a temporary network communication problem or a typing error in the provided email address. In both cases, it is advisable to contact us via customercare@iscoming.es

 

6. Currency, payment method, and applicable taxes

Prices will be shown in euros. In accordance with current legislation, all purchases made in the eShop will be subject to applicable taxes. For security reasons, the Client may not place orders exceeding 2,000 Euros or containing more than 15 items within a period of fifteen (15) working days. If the Client is interested in making purchases exceeding this amount or number of items, they can contact IS COMING customer service via email at customercare@iscoming.es

IS COMING FASHION SL makes every effort to ensure that the information contained on its Website is accurate and error-free. If any such error occurs at any time, it will be corrected immediately. IS COMING reserves the right to modify the prices shown on the site without prior notice. The price of items will be as stipulated at all times in the eShop, except in case of manifest error. Although IS COMING tries to ensure there are no errors in the prices listed on the page, if an error occurs in the price of items ordered by the Client, IS COMING will inform them as soon as possible and give them the option to reconfirm the order at the correct price or cancel it. If IS COMING cannot contact the Client, the order will be considered canceled, and the amounts paid will be fully reimbursed, without any right to compensation.

IS COMING will not be obliged to supply the item(s) at the incorrect lower price (even if the Order Confirmation had been sent to the Client) if the price error is obvious and unequivocal, for which reference can be made to the price of that IS COMING item in multi-brand stores in the country where the order is placed.

IS COMING accepts payments by credit or debit card (Visa, Visa Electron, Mastercard and Maestro, American Express, Diners) and PayPal. In accordance with Article 37 of Law 16/2009, of November 13, on payment services, the commitment to pay made through a bank card is irrevocable. By providing information about your bank card, the Client authorizes the charge to their card.

All payments are made through a secure payment gateway that encrypts card data and PAYPAL. To ensure maximum security for the payment system, IS COMING uses secure payment systems from leading financial institutions in e-commerce. In this regard, confidential payment data is transmitted directly and encrypted (SSL) to the corresponding financial institution.

For payment with Visa and MasterCard, IS COMING has implemented the SEC (Secure Electronic Commerce) service with the international 3D Secure protocol, distinguished by the Verified by Visa and MasterCard SecureCode logos. Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When making payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. It will then connect with the issuing bank, which will request authorization of the operation via a personal authentication code. The operation will only be carried out if the issuing bank of the credit card confirms the authentication code. Otherwise, the transaction will be rejected.

As a complementary measure to the "Secure Payment" system and with the aim of collaborating in the prevention of online fraud, IS COMING reserves the right to verify the personal data provided by the client and adopt any appropriate measures (including canceling the order) to ensure that the purchased merchandise is delivered in accordance with the data appearing on the order.

 

7. Shipping and delivery of items

The Items are sold and delivered in the countries listed on the website (see countries)
The delivery country must always match the eShop of the country from which the Client made the purchase.
IS COMING FASHION offers two shipping service modalities (Express and Standard) and different delivery options available depending on the destination country, as detailed below:

  1. Home delivery: Items will be shipped via the courier company selected by IS COMING FASHION. Items will be sent to the delivery address the Client indicated at the time of placing the order.

    The order placed by the Client will be delivered within the period indicated below, depending on the shipping method. IS COMING FASHION will make its best efforts to ensure the service is carried out as quickly as possible (see shipping conditions and costs).

    Once the order leaves IS COMING FASHION warehouses, an email will be sent to the Client notifying them that their order is being shipped.

    The registered Client can track the status of their order through the "MY ACCOUNT" area within the eShop, by selecting the "ORDER DETAILS" button in "MY ORDERS", and if the purchase was made as a guest, they can view the order by going to "MY ORDERS".

    For security reasons, IS COMING FASHION will not send any order to post office boxes, nor will it accept any order when it is not possible to identify the recipient of the order and their address.
    Responsibility for IS COMING FASHION items will be transferred to the Client at the moment the order is delivered.

    In the event that the order cannot be delivered due to the Client's absence, the package will be returned to the central warehouses and it will be understood that the Client waives the content, not being able to demand a refund of the order. IS COMING FASHION, in good faith, may refund the order to the client once it has been returned to our warehouses, deducting from the refund the shipping and return costs incurred due to the shipment not being picked up by the Client. In case the Client wants the order again, they will have to place a new one.

  2. Delivery to a Drop Point (only available in some countries): Items will be delivered to a delivery point. Drop points are businesses near the Client's home or workplace, as well as post offices, where the Client can pick up their order. The Client will select from the enabled drop points where they wish to pick up their order.

    The Client will receive an SMS, an email, or a call when their package arrives at the Drop Point, and within the maximum period determined by the Drop Point (consult their website) they must collect it. After this period, the package will be returned to the central warehouses, and it will be understood that the Client waives the content, not being able to demand a refund of the order.

    IS COMING, in good faith, may refund the order to the client once it has been returned to our warehouses, deducting from the refund the shipping and return costs incurred due to the shipment not being picked up by the Client. In case the Client wants the order again, they will have to place a new one.

Delivery times based on service modality and costs per country will be as follows:

DESTINATION

SERVICE

DELIVERY

DELIVERY TIME

COSTS

Spain (Peninsula and Balearic Islands)

Express

Home delivery

1-2 business days

€5.95

Portugal

Express

Home delivery

1-2 business days

€5.95

Italy

Express

Home delivery

2-3 working days

€30.00

Other destinations

Express

Home delivery

2-4 working days

Check

Note: deadlines refer to working days - excluding weekends - from the time the order leaves the warehouse. The order placed by the Customer will be delivered within the indicated period from the time the order leaves the warehouse.

Once the order leaves IS COMING FASHION's warehouses, an email will be sent to the Customer notifying them that their order is being shipped.

Orders will be sent to the delivery address provided by the Customer at the time of placing the order, so it is important that the Customer pays attention when placing the order, as they will not be able to modify the delivery address details. IS COMING FASHION will not be held responsible if the delivery address is incorrect or incomplete.

For security reasons, IS COMING FASHION will not send any order to PO boxes, nor will it accept any order where it is not possible to identify the recipient of the order and their address.

Responsibility for Is Coming… items will be transferred to the Customer at the time of order delivery.

 

8. Delivery Problems

If the period indicated in the Shipping section for the shipping method selected by the Customer has passed without them having received their order, they must notify IS COMING FASHION of this circumstance.

When the order is delivered to the Customer, they must check that everything is in accordance with what was requested. If there is any discrepancy or problem with the order, they must notify IS COMING FASHION by email at customercare@iscoming.es.

In the said email, the Customer must specify their personal data and order number, reflecting the discrepancy or problem. IS COMING FASHION will contact the Customer as soon as possible to resolve the incident.

 

9. Cancellation, Exchange, and Return Policy

Right to cancel the order. Right of withdrawal.

Our Customers, within 14 calendar days from the receipt of the order, may cancel the order by sending an email to customercare@iscoming.es notifying the cancellation, with the subject line: Order Cancellation Notice (mentioning the number).

The Customer may use the model withdrawal form received with the order. Likewise, a withdrawal form is available to Customers on the Website, although its use is not mandatory, they may withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail, fax, or email).

Upon receiving your email canceling the order, IS COMING FASHION will send the Customer an email with the cancellation number. The Customer must write the cancellation number on the delivery note accompanying the Is Coming… items received. The right of cancellation will be applicable provided that the Is Coming… items are returned in the same condition in which the Customer received them, along with their complete packaging, labels, and any other related accessories.

This means that the items must not be damaged, used, or worn (use will not be understood as the careful handling and inspection of the items – For example, the consumer can try on a garment, but would not be authorized to wear it), otherwise, the Customer will be responsible for the decrease in the value of the returned goods and must compensate Is Coming… for the deterioration caused to them. IS COMING FASHION informs that it does not have a channel for selling used items, so it will not be able to market used items.

The only address where Is Coming… items will be received for exchanges and returns is:

IS COMING WAREHOUSES - RUTILLI
Av. de los llanos 11, Warehouses 43-46, 45200 Illescas (Toledo)

In this case, you will have to pay the return shipping costs, as we will not accept any packages with freight due.


IS COMING FASHION recommends that the Customer use a secure and tracked method for sending the canceled order, as the Customer will be responsible for any damage caused to the Is Coming… items until they are received at the IS COMING FASHION warehouse. The Customer will bear the shipping costs of the canceled order. Likewise, it is recommended that the Customer keep proof of shipment of the canceled order, in case of any eventualities.

In case of order cancellation, we will refund all payments received, including shipping costs (with the exception of additional costs resulting from the Customer's choice of a delivery method other than the least expensive ordinary delivery method we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the withdrawal from the contract.

If the customer only returns part of their order, it is considered that they are not canceling the order but making a partial return, so IS COMING FASHION will only refund the amount of the returned products, excluding shipping costs.
We will proceed with the refund using the same payment method used by the customer for the initial transaction.

The Customer will not incur any expenses as a result of the refund, except for return shipping costs. However, we may withhold the refund until we have received the goods, or until the Customer has provided proof of their return, whichever condition is met first.

The Customer must return the products to us within a maximum of 14 calendar days from the date on which they communicate their decision to withdraw from the Contract.

 

Exchanges and Returns

In addition to the Distance Selling rules, IS COMING FASHION allows the Customer to return or exchange (replace with another item) within FIFTEEN (15) calendar days from the date of receipt of the order, with the exceptions provided in this Clause.

For both exchange and return, the following requirements must be met:

  1. Items must be in perfect condition, in their original packaging, and with all tags; otherwise, they cannot be exchanged or returned.
  2. The customer must fill out the return form within 15 days after the purchase of the order.

To make an exchange or return, the customer must follow the following procedure:

  1. If you are a registered customer, you must log in with your email and password on the website and go to MY ACCOUNT and select "EXCHANGES OR RETURNS". In this section, a list of placed orders that are within the return period will appear. The Customer must click on "REQUEST EXCHANGE OR RETURN" and then choose between returning it using our DHL collection service or returning it at the customer's expense to our warehouses.

    If the Customer purchased as a guest, they must go to VIEW MY ORDER by entering their email and order number and selecting RETURN. In this section, the order will be detailed, and they must click on "MAKE EXCHANGE OR RETURN" and then choose between returning it using our DHL collection service or returning it at the customer's expense to our warehouses.
  2. Select the item(s) you wish to return or exchange, click on the selected option. If it is "exchange," select a reason for the exchange as well as the new size and/or color.
  3. In the case of a return, the collection details will be confirmed, and the Customer must choose a refund method (store credit or refund in the same payment method used for the order). Select FINISH. The system will generate a "return request" email with your return and/or exchange options.

    The processing of the return or exchange does not imply definitive acceptance of the item(s), as it is subject to verification of their good condition along with any related accessories.
    Exchanges and/or returns of jewelry, lingerie, swimwear, and tights will not be accepted for hygiene reasons.
    When a refund to the same payment method used for the order has been selected, the refund amount will be processed according to the Customer's bank conditions. Typically, if paid with a credit card, the credit is made at the time of settlement, and if paid with a debit card, it will be effective within a maximum of thirty (30) days.

    Items that have been returned damaged, incomplete, deteriorated, used, or dirty due to causes attributable to the Customer will not be refunded and will be made available to the customer for collection within a maximum of sixty (60) calendar days or sent back to the sender with freight due. After this period, it will be understood that the Customer waives the item, without being able to hold IS COMING FASHION liable. During the period that the improperly returned item is in IS COMING FASHION's facilities, there will be no liability for custody or storage.

    IS COMING FASHION reserves the right to reject any return that does not meet any of the aforementioned conditions.

 

Returns due to order error. Defective items

If the Customer receives an order with errors in sizes, color, or model, they must contact IS COMING FASHION immediately by email at customercare@iscoming.es, indicating the error along with their personal data. Once the incident has been analyzed, we will contact the Customer to resolve the alleged error as soon as possible.

In the event that the item is defective or has a fault, the Customer must contact IS COMING FASHION as soon as possible by email at customercare@iscoming.es. Once IS COMING FASHION has received the return, the returned item will be carefully examined, and the Customer will be informed by email, within a maximum of five (5) working days, whether the return or replacement of the item (if applicable) is appropriate.

The return or replacement of the item will be carried out as soon as possible and, in any case, within thirty (30) calendar days following the date on which an email is sent confirming that the return or replacement of the non-conforming item is appropriate, in which case, IS COMING FASHION will assume the transport costs of the return and delivery of the substituted item. In the event that the item cannot be replaced by an identical one, the amount paid will be fully reimbursed to the Customer. Refunds will be made using the same payment system used for the purchase.

 

SALES/OUTLET

  • There are temporary periods when we offer garments from our previous collections at unique prices, these can be traditional sales, our flash sales, or any other promotion that will be communicated.
  • Given their success, the preparation period may be longer than usual.
  • For the return of garments purchased during these periods, you must request it on our website within a maximum of 15 calendar days from the receipt of the order. In this case, the return costs will be borne by the user and vary depending on the country and the return method.
  • Garment exchanges are not allowed.
  • The refund will be made using the same payment method with which the purchase was made.

10. Liability and Exemption from Liability

IS COMING FASHION will be liable in accordance with the Law. The provisions of this section do not affect your legal rights as a consumer, nor your right to withdraw from the contract. The form can be requested from our customer service department customercare@iscoming.es, printed directly from our website, and can also be requested at our establishments.

Complaint forms are available to customers in all our stores and at the head office located at Calle Argensola nº 2 in Madrid.

Likewise, the Customer is reminded that the products purchased have a legal guarantee of two years from the date of delivery. Deficiencies caused by negligence in use and/or treatment and/or wear and tear from normal use are not included. To exercise the guarantee within the legally established period of two years following the delivery of the product, it is essential to present proof of purchase.

 

11. Events Beyond IS COMING FASHION's Control

IS COMING FASHION will not be liable for any failure or delay in fulfilling any of the obligations assumed under this contract, the cause of which is due to events beyond its control ("Force Majeure Event").

Force Majeure Events will include any act, event, failure to exercise, omission or accident that is beyond reasonable control and will include in particular (without limitation) the following:

  • Strikes, lockouts, riot, invasion, or terrorist attack.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  • Inability to use trains, ships, aircraft, motor transport, or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations, or restrictions of other governments.

 

12. Personal Data Protection. Privacy and Confidentiality Policy

IS COMING FASHION guarantees that it will process personal data in compliance with Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999 (RLOPD), and the legislation on information society services and electronic commerce (LSSICE). To this end, IS COMING FASHION has adopted technical and organizational security measures in its facilities, systems, and files.

To purchase Is Coming… items, customers will need to provide personal data, which must be true, accurate, up-to-date, and complete. By purchasing and accepting the terms of purchase, the Customer is deemed legally informed and consents to IS COMING FASHION storing and processing the personal data provided in the purchase, those derived from the use of the service (data obtained from purchases), as well as those resulting from computer processes for the purpose of providing the requested service and making them part of the commercial plan, for which segmentations of their data, market studies, and profile creation will be carried out, derived or not from the analysis of their purchasing habits; this processing will allow applying advantages, discounts, and additional offers to the Customer and receiving promotional communications, the sending of which, by electronic or non-electronic means, is expressly authorized when requesting registration for the service.

As an essential rule for IS COMING FASHION, the security and guarantee and protection of our customers' privacy, it is advisable for the Customer to read the Privacy and Data Protection Policy applicable to all our Customers' data, described below.

 

13. Partial Nullity

The declaration of any of these general conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining ones, which shall remain binding between the parties.

The waiver by either party to demand at a certain time the fulfillment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfillment of another condition or conditions, nor shall it create an acquired right for the other party.

 

14. Notifications

Some of the information or communications sent to the Customer will be in writing and electronic and through the website. By using this website, the Customer accepts that communications will be electronic. For contractual purposes, the Customer consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent to them electronically comply with the legal requirements of being in writing. This condition will not affect their rights recognized by applicable laws. Notifications will be understood to have been received and correctly made at the same instant on the website, 24 hours after an email has been sent, or three (3) working days after the date of postage of any letter.

 

15. Customer Service

If the Customer has any questions about the eshop, about items, their order, shipping, returns, or any other communication or question, they can contact us in the following ways:

  • By email at customercare@iscoming.es
  • By mail, to the following address: Calle Argensola 2, 28002, Madrid (Spain).

 

16. Jurisdiction and applicable law

These conditions shall be governed by Spanish law. For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this contract, the parties submit to the Spanish Courts and Tribunals. If you are contracting as a consumer, nothing in this clause will affect the rights granted to you as such by current legislation.