Legal text

1. Introduction

IS COMING FASHION SL in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Organic Law 15/1999, of December 13, on the Protection of Personal Data, 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 contracting process of the items offered in its eShop on the website https://www.iscoming.es

This document (hereinafter the "Terms and Conditions") constitutes a commercial agreement between the User (hereinafter the "Client") and Is Coming Fashion SL (hereinafter "IS COMING FASHION"). These Terms and Conditions establish the rights and obligations of the Client and IS COMING FASHION and determine EXPRESSLY, CLEARLY, UNDERSTANDABLY AND UNEQUIVOCALLY the identity of the owner of the eShop, the characteristics of Is Coming… items, prices, payment methods, the purchasing process, guarantees, returns and any other circumstances related to the purchase of Is Coming… items.

All Is Coming… items offered in the eShop are sold directly by IS COMING FASHION SL, with registered office at Calle Águila 10, 28750, San Agustín de Guadalix, Madrid (Spain), with Tax Identification Number B88503909, owner of the Is Coming… brand.

By placing an order, the Customer 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 Customer does not agree with these, 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. Therefore, the Customer must read them before placing each order. The Conditions in force at the time the order is placed are binding.

IS COMING FASHION offers Is Coming… items through the eShop 24 hours a day, every day of the year. Minors are not eligible to place orders.

2. Register in the e-shop

There are two ways to make a purchase: one as a registered Customer and the other as a guest (they may be referred to interchangeably as Customer).

For registered customers, you will need to complete a form with your personal information, which you can modify to keep it up to date, manage your purchases, track your orders, check your history, create one or more wish lists, create a personal shopper profile to receive shopping assistance, receive weekly updates, and participate in promotions, among other options. The information you provide will be added to our database to process your order and facilitate new purchases in our eShop. Once you have completed registration, you can access the private area as many times as you like by entering your username and password. Registered customers can request automatic recognition by selecting the "REMEMBER ME" button. This streamlines the purchasing process and provides more direct access to your personal information, as prior identification is not required. Automatic recognition is achieved through cookies, as regulated in the Data Protection and Privacy Policy. If the registered Customer has requested that the system automatically recognize them, IS COMING FASHION will only ask for 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, and therefore the registered Customer will be responsible for maintaining their secrecy and confidentiality. Consequently, the Customer expressly accepts, unless proven otherwise, that IS COMING FASHION considers that the use of the service and purchases made using their identification keys are made by the registered Customer, unless the Customer has previously notified IS COMING FASHION of their loss or theft at the email address customercare@iscoming.es

The registered Customer may freely change their email address and password using the procedures established by IS COMING FASHION. The changed email address and password will be voided as a means of identification at the same time the new ones are created.

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

Guest purchasers are not required to register as a customer, but they must provide the personal information necessary for shipping and, where applicable, billing, such as their full name, address, and phone number.
Failure to respond or providing inaccurate personal information will prevent the user from registering as a registered Customer or guest in the eShop. All personal data provided will be subject to our Data Protection and Privacy Policy.
Before completing the registration, regardless of whether as a registered Customer or a guest, the user must accept these purchase conditions.

3. Customer Obligations

The Client is obliged to:

  • Communicate accurately and correctly to IS COMING FASHION the personal data necessary for the delivery of orders.
  • Adopt the necessary security measures, both personal and material, to maintain the confidentiality of your access code, as well as immediately notify IS COMING FASHION of any loss, misplacement, theft, robbery or unauthorized access to it, as well as of any knowledge thereof by third parties.
  • Payment for Is Coming… items purchased through the eShop and shipping costs, if applicable.
  • The Customer 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 it has reasonable grounds to believe it is fraudulent.
  • Not to carry out any activity that hinders or interferes with the operation of the eShop.

4. Delivery territory

Is Coming items are delivered exclusively to countries where our eShop is available (see countries). Each country has its own eShop with its own products, prices, and shipping costs, which may vary. The system will automatically recognize the country of access. If you wish to purchase a product for delivery to a different country, you must first select the country using the corresponding link.

5. Purchase procedure

The Customer must access the eShop to purchase Is Coming items, having the following information at their disposal:

  • Item description, reference, size, features, colors, composition, and photography.
  • Price per unit.
  • Shipping costs.
  • Conditions of validity of the offer, if applicable.

Once the item has been selected, the Customer must add the desired units of each item, size, color, etc., to the basket by clicking the "ADD TO MY BASKET" button. Once the selected items have been added to the basket, the Customer can access a summary of their selection by clicking "MY BASKET" in the top right corner of the page, where a summary of the selected items appears. If the Customer wishes to modify quantities, remove items, or make a purchase, they must click "GO TO MY BASKET" in the bottom right corner of the page, where the following information will appear:

  • Articles Is Coming…
  • Description.
  • Amount.
  • Unit Price.
  • Total price of each of the items purchased.
  • Total purchase price.
  • Total purchase price.

When the Customer wishes to complete the purchase, they must select the "CONTINUE" button in the cart. If they are a registered Customer, they must provide their email address and the password assigned to them. If they wish to purchase as a guest, they must enter their email address and the information required for order shipping.

The Customer will then proceed to the "DELIVERY ADDRESS" and "PAYMENT INFORMATION" sections of their order, where, in addition to entering their payment information, they can review their shipping and billing information and make changes. If they have a promotional code or online voucher, they must enter it at this time to benefit from the terms and discounts applicable to their purchase.

The Customer will then select the payment method from the available options and enter the requested information.

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

6. Currency, payment method and applicable taxes

Prices will be displayed in euros. In accordance with current legislation, all purchases made in the eShop will be subject to applicable taxes. For security reasons, the Customer may not place orders exceeding 2,000 euros or containing more than 15 items within a period of fifteen (15) business days. If the Customer is interested in making purchases exceeding this amount or number of items, they may contact IS COMING customer service via email. 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 at any time any such error occurs, it will be corrected immediately. IS COMING reserves the right to modify the prices displayed on the site without prior notice. The price of the items will be the one stipulated at any time in the eShop, except in the case of an obvious error. Although IS COMING endeavors to ensure that there are no errors in the prices appearing on the website, in the event of an error in the price of items ordered by the Customer, IS COMING will inform the Customer as soon as possible and give the Customer the option of reconfirming the order at the correct price or canceling it. If IS COMING is unable to contact the Customer, the order will be considered canceled, and the Customer will be fully refunded, with no right to compensation.

IS COMING will not be obliged to supply the item(s) at the incorrect lower price (even if the Customer has been sent the Order Confirmation) if the pricing error is obvious and unequivocal, for which reference may 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, Maestro, American Express, Diners Club) and PayPal. In accordance with Article 37 of Law 16/2009 of November 13, on payment services, the payment commitment made by bank card is irrevocable. By providing bank card information, the Customer authorizes the charge to their card.

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

For Visa and MasterCard payments, IS COMING has introduced the SEC (Secure Electronic Commerce) service using the international 3D Secure protocol, distinguished by the Verified by Visa and MasterCard SecureCode seals. Secure Electronic Commerce is an initiative whose basic principle is to guarantee the security of online transactions. When making a 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 to the issuing bank, which will request authorization for the transaction using a personal authentication code. The transaction will only be completed if the credit card issuing bank confirms the authentication code. Otherwise, the transaction will be declined.

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 customer and adopt any measures it deems appropriate (including cancellation of the order) to ensure that the purchased merchandise is delivered in accordance with the information provided in 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 Customer made the purchase.
IS COMING FASHION offers two shipping service options (Express and Standard) and different delivery options 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 provided by the Customer when placing the order.

    The Customer's order will be delivered within the timeframe indicated below, depending on the shipping method. IS COMING FASHION will make every effort to ensure the service is completed as quickly as possible (see shipping terms and costs).

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

    Registered Customers can track the status of their order through the "MY ACCOUNT" section of the eShop by selecting the "ORDER DETAILS" button under "MY ORDERS." 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 ship any orders to PO boxes, nor will it accept any orders where the recipient and address cannot be identified.
    Responsibility for IS COMING FASHION items will be transferred to the Customer at the time of delivery of the order.

    In the event that the order cannot be delivered due to the Customer's absence, the package will be returned to the central warehouse. It will be understood that the Customer waives the contents and cannot request a refund. IS COMING FASHION may, in good faith, refund the order to the Customer once it has been returned to our warehouses, deducting from the refund the shipping and return costs incurred due to the Customer not collecting the package. If the Customer requests a new order, they will need to place a new one.

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

    The Customer will receive an SMS, email, or call when their package arrives at the Drop Point. They must collect it within the maximum timeframe determined by the Drop Point (see the Drop Point website). After this timeframe, the package will be returned to the central warehouse, and the Customer will be deemed to have relinquished the contents and cannot request a refund.

    IS COMING may, in good faith, refund the customer's order once it has been returned to our warehouses, deducting from the refund the shipping and return costs incurred due to the shipment not being collected by the customer. If the customer wishes to reorder, they will need to place a new one.

Delivery times depending on the service type and costs per country will be as follows:

DESTINATION

SERVICE

DELIVERY

DELIVERY TIME

COSTS

Spain (peninsula and Balearic Islands)

Express

At home

1-2 business days

04.95€

Portugal

Express

At home

1-2 business days

04.95€

Italy

Express

At home

1-2 business days

30,00 €

Other destinations

Express

At home

2-4 business days

Consult

Note: Delivery times refer to business days (excluding weekends) from the date the order leaves the warehouse. The Customer's order will be delivered within the specified timeframe from the date it leaves the warehouse.

Once the order leaves the IS COMING FASHION 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. Therefore, it is important that the Customer be careful when placing the order, as the delivery address cannot be changed. IS COMING FASHION will not be held responsible if the delivery address is incorrect or incomplete.

For security reasons, IS COMING FASHION will not ship any orders to PO boxes, nor will it accept any orders where the recipient and address cannot be identified.

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

8. Delivery problems

If the period indicated in the Shipping section for the shipping method selected by the Customer has elapsed without receiving 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 ordered. If there is any discrepancy or problem with the order, they must notify IS COMING FASHION by email. customercare@iscoming.es

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

9. Cancellation, exchange and return policy

Right to cancel an order. Right of withdrawal.

Our customers may cancel their order within 14 calendar days of receiving it by sending an email to customercare@iscoming.es stating their cancellation, including the subject: Order Cancellation Notice (mentioning the order number).

The Customer may use the model withdrawal form received with the order. A withdrawal form is also available on the Website; although its use is not mandatory, Customers may withdraw from the contract by means of an unequivocal declaration (for example, a letter sent by post, fax, or email).

After receiving your email canceling the order, IS COMING FASHION will send you 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 apply as long as the Is Coming… items are returned in the same condition as the Customer received them, along with their complete packaging, tags, and any other related accessories.
This means that the items must not be damaged, worn or used (use does not mean the handling and inspection of the items with due care - for example, the consumer can try on a garment, but would not be authorized to wear it -). If this is the case, the Customer will be responsible for the decrease in 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 sales channel for used items, so it cannot sell used items.

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

IsComing - Rutilli Warehouses
C/ Arroyo de los Prados 11, Nave 8.
28320 Pinto.

 In this case, you will be responsible for the return shipping costs, as we will not accept any packages with postage due.
IS COMING FASHION recommends that the Customer use a secure, trackable shipping method for the canceled order, as the Customer will be responsible for any damage to Is Coming… items until they are received at the IS COMING FASHION warehouse. The Customer will be responsible for the return shipping costs of the canceled order. It is also recommended that the Customer keep proof of shipment of the canceled order in case of any unforeseen events.

In the event of order cancellation, we will refund all payments received, including shipping costs (with the exception of additional costs resulting from the Customer choosing a delivery method other than the least expensive standard 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 rather returning part of it. Therefore, IS COMING FASHION will only refund the amount of the returned products, excluding shipping costs.
We will proceed to make the refund using the same payment method used by the customer for the initial transaction.

The Customer will not incur any costs as a result of the refund, except for the return shipping costs, which will be at their expense. Therefore, the Customer is responsible for returning the package to our warehouse. Notwithstanding the foregoing, we may withhold the refund until we have received the goods or until the Customer has provided proof of their return, whichever is met first.

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

Exchanges and Returns

In addition to the rules on Distance Selling, IS COMING FASHION allows the Customer to return or exchange (replacement for another item) within FIFTEEN (15) calendar days from the date of receipt of the order with the exceptions provided for 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 attached; otherwise, they cannot be exchanged or returned.
  2. The customer must complete the return form within 15 days of purchasing 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 address and password on the website, go to MY ACCOUNT, and select "EXCHANGES OR RETURNS." In this section, a list of orders placed that are within the return period will appear. The customer must click "REQUEST EXCHANGE OR RETURN" and then choose between returning the item using our free DHL pickup service or returning it to our warehouse at their own expense.

    If the customer purchased as a guest, they must go to VIEW MY ORDER, enter their email address and order number, and select RETURN. In this section, the order details will appear. They must click "MAKE EXCHANGE OR RETURN" and then choose between returning it using our free DHL pickup service or returning it to our warehouse at their own expense.
  2. Select the item(s) you wish to return or exchange, and click the option. If "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 information will be confirmed, and the Customer must choose a refund method (store credit or refund in the same payment method used to place the order). Select FINISH. The system will generate a "return request" email with their return and/or exchange options.

    Processing a 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 hosiery will not be accepted for hygiene reasons.
    When a refund has been selected using the same payment method used to place the order, the refund amount will be processed according to the terms and conditions of the Customer's bank. Typically, if payment was made by credit card, the refund is made upon settlement. If payment was made by debit card, the refund will be processed within a maximum of thirty (30) days.

    Items that have been returned damaged, incomplete, deteriorated, used or soiled due to a cause attributable to the Customer will not be refunded and will be made available to the Customer for collection within a maximum period of sixty (60) calendar days or sent to the sender postage due. After this period, it will be understood that the Customer has renounced the item, and cannot demand any liability from IS COMING FASHION. During the period in which the improperly returned item is in the facilities of IS COMING FASHION, no responsibility will arise for its custody or deposit.

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

Returns due to order errors. Defective items
If the Customer receives an order with errors in size, color, or style, they must contact IS COMING FASHION immediately at customercare@iscoming.es, indicating the error along with their personal information. Once the incident has been analyzed, we will contact the Customer to resolve the alleged error as quickly as possible.

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

The return or replacement of the item will be made 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-compliant item is appropriate. In which case, IS COMING FASHION will assume the costs of return shipping and delivery of the replaced item. In the event that the item cannot be replaced with an identical one, the amount paid will be fully refunded to the Customer. Refunds will be made using the same system used for payment.

FLASH OUTLET/ SALES/ OTHER PROMOTIONS

  • There are times when we offer items from our previous collections at unique prices. These may be traditional sales, our flash sales, or any other promotions that will be announced.
  • Given their success, the preparation period may be longer than usual.
  • To return items purchased during these periods, you must request a return on our website within 15 calendar days of receiving your order. In this case, return shipping costs will be borne by the customer and vary depending on the country and method of return.
  • Changes of clothing are not permitted.
  • The refund will be issued using the same payment method used to make the purchase.

10. Liability and Exemption from Liability

IS COMING FASHION will be responsible in accordance with the law. The provisions of this section do not affect your statutory 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 print it directly from our website and you can also request it at our stores.

Complaint forms are available for customers in all our stores and at our central offices located at 2 Argensola Street in Madrid.

Likewise, the Customer is reminded that the products purchased are covered by a legal warranty of two years from the date of delivery. This does not include defects caused by negligence in use and/or treatment and/or normal wear and tear. To exercise the warranty within the legally established period of two years following delivery of the product, proof of purchase must be presented.

11. Events beyond the control of IS COMING FASHION

IS COMING FASHION shall not be liable for any failure or delay in performance of any of its obligations under this Agreement that is caused by events beyond its reasonable control (“Force Majeure Event”).

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

  • Strikes, lockouts, revolt, invasion, or terrorist attack.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, airplanes, motor vehicles 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. Protection of Personal Data. 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 implementing 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 for its facilities, systems, and files.

To purchase Is Coming… items, Customers will be required to provide personal data, which must be true, accurate, up-to-date, and complete. By purchasing and accepting the purchase conditions, the Customer is deemed to be legally informed and consents to IS COMING FASHION storing and processing the personal data provided during the purchase, data derived from the use of the service (data obtained from purchases), as well as data resulting from computer processes for the purpose of providing the service requested by the Customer and including them in the commercial plan. For this purpose, data segmentation, market research, and profiling, whether derived or not from the analysis of their purchasing habits, will be performed. This processing will allow the Customer to apply benefits, discounts, and additional offers and receive promotional communications, the sending of which, by electronic or other means, is expressly authorized upon requesting registration for the service.

Since IS COMING FASHION is committed to ensuring the security, privacy, and protection of its customers, it is important that customers read the Privacy and Data Protection Policy applicable to all of our customers' data, described below.

13. Partial Nullity

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

The waiver by either party of requiring at any given time compliance with any of the general conditions stipulated herein shall not imply a general waiver of compliance with any other condition or conditions, nor shall it create any acquired right for the other party.

14. Notifications

Some of the information or communications sent to the Client will be in writing and electronically, and delivered through the website. By using this website, the Client agrees that these communications may be electronic. For contractual purposes, the Client agrees to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications sent to the Client electronically comply with the legal requirements of being in writing. This condition will not affect the Client's rights under applicable laws. Notices will be deemed received and properly served immediately upon receipt on the website, 24 hours after an email has been sent, or three (3) business days after the postage date of any letter.

15. Customer Service

If you have any questions about the e-shop, items, your order, shipping, returns, or any other communication or question, you can contact us in the following ways:

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

16. Jurisdiction and applicable legislation

These terms and conditions shall be governed by Spanish law. For the resolution of any questions, discrepancies, or differences that may arise regarding the performance and interpretation of this contract, the parties submit to the jurisdiction of the Spanish Courts and Tribunals. If you are contracting as a consumer, nothing in this clause shall affect your rights under current legislation.