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 consolidated text of the General Law for the Defense of Consumers and Users, and other applicable regulations, has drawn up these Terms and Conditions of Purchase for the contracting process of the items offered in its eShop on the website https://www.iscoming.es

This document (hereinafter the “Terms”) constitutes a commercial agreement between the User (hereinafter the “Customer”) and Is Coming Fashion SL (hereinafter “IS COMING FASHION”). These Terms establish the rights and obligations of the Customer and IS COMING FASHION and expressly, clearly, comprehensibly, and unequivocally determine the identity of the eShop owner, the characteristics of Is Coming Fashion items, prices, payment methods, the purchase process, warranties, returns, and any other circumstances related to the purchase of Is Coming Fashion items.

All Is Coming… items offered in the eShop are sold directly by IS COMING FASHION SL, 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 Customer expressly accepts these Terms and 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 them, they should not register, browse the website, or place any orders. These Terms and Conditions may be modified by IS COMING FASHION at any time and without prior notice, so the Customer should read them before placing each order. The Terms and Conditions in effect at the time the order is placed will be binding.

IS COMING FASHION offers Is Coming… items through its eShop, 24 hours a day, every day of the year. Orders may not be placed by minors.


2. Registration in the e-shop


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

Registered customers will need to complete a form with personal information, which they can modify to keep their records up-to-date. This allows them to manage their purchases, track their orders, view their order 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 future purchases in our online store. Once registered, you can access your private area as often as you like using your username and password. Registered customers can request automatic recognition by selecting the "REMEMBER ME" button. This streamlines the checkout process and provides more direct access to your personal data, as prior identification is no longer required. Automatic recognition is achieved through cookies, as outlined in our Data Protection and Privacy Policy. If the registered Customer has requested that the system recognize him/her automatically, IS COMING FASHION will only ask him/her to identify himself/herself if he/she connects to the eShop of the website www.iscoming.es from a computer other than the usual one or if he/she has deleted his/her temporary Internet files (cache and/or cookies).

The email address and password are strictly personal and confidential, and the registered Customer is responsible for maintaining their secrecy and confidentiality. Consequently, the Customer expressly agrees, unless proven otherwise, that IS COMING FASHION may consider that the use of the service and purchases made using their login credentials are made by the registered Customer, unless the Customer has previously notified IS COMING FASHION of their loss or theft by email. customercare@iscoming.es

The email address and password can be freely changed by the registered customer through the procedures established by IS COMING FASHION for this purpose. The replaced email address and password will be deactivated as a means of identification as soon as the new ones are generated.

IS COMING FASHION may block access to and use of the website when it deems necessary for reasons of security, fraud, or breach of obligations. If a registered customer enters the wrong password, a link will appear to begin the password recovery process.

For their part, users who purchase as guests will not be required to register as customers, but they will need to provide the personal data necessary to carry out the shipment and, where applicable, the billing, such as name and surname, address and telephone number.
Failure to provide accurate personal information will prevent the user from registering as a registered customer or guest on the eShop. All personal data provided will be subject to our Data Protection and Privacy Policy.
Before completing the registration, whether as a registered customer or as 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.
  • Take the necessary security measures, both personal and material, to maintain the confidentiality of your access key, as well as immediately notify IS COMING FASHION of the loss, misplacement, theft, robbery or illegitimate access to them, as well as their knowledge by third parties.
  • Payment for the items Is Coming… that you have purchased through the eShop and shipping costs, where 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 consider it as such.
  • Not to carry out any activity that hinders or interferes with the operation of the eShop.

4. Delivery Territory

Items listed as "Is Coming" 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 your country of access. If you wish to purchase a product for delivery to a different country, you must first select that country via the corresponding link.

5. Purchasing Procedure

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

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

Once the item has been selected, the Customer must add it to the cart by clicking on the “ADD TO MY CART” button, specifying the desired quantity of each item, size, color, etc. Once the selected items are in the cart, the Customer can access a summary of the selection by clicking on “MY CART” in the upper right corner of the page, where a summary of the selected items will appear. If the Customer wishes to modify quantities, remove items, or complete the purchase, they must click on “GO TO MY CART” in the lower right corner of the page, where the following information will be displayed:

  • 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 within the shopping cart. Registered customers must provide their email address and password. Guests must enter their email address and the necessary shipping information.

Next, the customer will proceed to the "DELIVERY ADDRESS" and "PAYMENT DETAILS" sections of their order, where, in addition to entering payment information, they can review and modify their shipping and billing details. If they have a promotional code or online voucher, it must be entered at this time to benefit from any applicable terms and discounts.

Next, the Customer will select the payment method from the available options and must enter the requested information.

To confirm the purchase, the Customer must accept the Purchase Conditions by selecting the corresponding checkbox and clicking the "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS" button, followed by the "AUTHORIZE PAYMENT" button. The Customer will then receive an email with the order details ("Order Confirmation"). Failure to receive this message may be due to a temporary network communication problem or an error in the email address provided. In either case, we recommend contacting us via email. customercare@iscoming.es

6. Currency, payment method and applicable taxes

Prices are displayed in euros. In accordance with current legislation, all purchases made in the eShop are subject to applicable taxes. For security reasons, customers may not place orders exceeding €2,000 or containing more than 15 items within a fifteen (15) business day period. If a customer wishes to place an order 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 on its website is accurate and error-free. Should any such error occur, 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 as stipulated in the eShop at any given time, except in cases of obvious error. Although IS COMING strives to ensure that there are no errors in the prices shown on the website, should an error occur in the price of items ordered by the Customer, IS COMING will inform the Customer as soon as possible and give them 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, without any 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 an Order Confirmation) if the price error is obvious and unambiguous, for which the price of that Is COMING item in multi-brand stores in the country where the order is placed can be used as a reference.

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

All payments are processed 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 Visa and MasterCard payments, IS COMING has introduced the SEC (Secure Electronic Commerce) service with the international 3D Secure protocol, identified by the Verified by Visa and MasterCard SecureCode logos. 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 card issuer, which will request authorization of the transaction using a personal authentication code. The transaction will only be completed if the credit card issuer confirms the authentication code. Otherwise, the transaction will be rejected.

As a complementary measure to the "Secure Payment" system and with the aim of helping to prevent fraud through the Internet, IS COMING reserves the right to verify the personal data provided by the customer and to take the measures it deems appropriate (including order cancellation) to ensure that the purchased goods are delivered in accordance with the data contained 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 available depending on the destination country, as detailed below:

  1. Home delivery: Items will be shipped via the courier service selected by IS COMING FASHION. Items will be sent to the delivery address provided by the customer when placing the order.

    The order placed by the Customer will be delivered within the timeframe indicated below, depending on the shipping method. IS COMING FASHION will make every effort to ensure delivery as quickly as possible (see shipping conditions and costs).

    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.

    Registered customers can track the status of their order through the "MY ACCOUNT" section within the eShop, by selecting the "ORDER DETAILS" button in "MY ORDERS". If the purchase was made as a guest, the order can be viewed by entering "MY ORDERS".

    For security reasons, IS COMING FASHION will not ship any orders to PO boxes, nor will it accept any orders 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 Customer upon delivery of the order.

    If the order cannot be delivered due to the customer's absence, the package will be returned to our central warehouse, and the customer will be deemed to have forfeited the contents and will not be entitled to a refund. IS COMING FASHION, acting in good faith, may refund the customer once the order has been returned to our warehouse, deducting the shipping and return costs incurred due to the customer's failure to collect the package. If the customer wishes to receive the order again, they will need to place a new order.

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

    The customer will receive an SMS, email, or phone call when their package arrives at the drop-off point and must collect it within the maximum timeframe determined by the drop-off point (see their website). After this timeframe, the package will be returned to the central warehouse, and it will be understood that the customer has relinquished the contents and will not be entitled to a refund.

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

Delivery times, depending on the service method 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 business days

€ 30.00

Other destinations

Express

Home delivery

2-4 business days

Consult

Note: Delivery times refer to business days – excluding weekends – from the date the order leaves the warehouse. The order placed by the Customer will be delivered within the indicated timeframe from the date it 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 shipped to the delivery address provided by the customer when placing the order. Therefore, it is important that the customer carefully checks the delivery address when placing the order, as it cannot be modified afterward. 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 when it is not possible to identify the recipient of the order and their address.

Responsibility for the items Is Coming… will be transferred to the Customer at the time of 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 the Customer having received their order, they must inform IS COMING FASHION of this circumstance.

When the order is delivered to the Customer, they must check that everything is as requested. 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 details and order number, outlining the discrepancy or problem. IS COMING FASHION will contact the Customer as soon as possible to resolve the issue.

9. Cancellation, exchange and refund policy

Right to cancel the order. Right of withdrawal.

Our customers may cancel the order within 14 calendar days from receipt of the order by sending an email to customercare@iscoming.es notifying the cancellation in which the subject should be: Order cancellation notice (mentioning the 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 statement (e.g., a letter sent by post, fax, or email).

After receiving your email cancelling the order, IS COMING FASHION will send you an email with a cancellation number. You must write this cancellation number on the delivery note that accompanies the Is Coming… items you receive. The right of cancellation applies as long as the Is Coming… items are returned in the same condition in which you 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 does not include handling and inspecting the items with due care – for example, the consumer may try on a garment, but would not be authorized to wear it). If the items are damaged, the customer will be responsible for the diminished value of the returned goods and must compensate Is Coming… for the resulting damage. IS COMING FASHION informs you that it does not have a sales channel for used items and therefore cannot sell used items.

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

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

 In this case, you will have to pay the return shipping costs, as we will not accept any collect packages.
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 the IS COMING FASHION 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 the shipping receipt for the canceled order in case of any unforeseen circumstances.

In the event of order cancellation, we will refund to the customer all payments received, including shipping costs (with the exception of any additional costs resulting from the customer's choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and in any event 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 cancelling 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 to make said 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 the return shipping costs, which are their responsibility. Therefore, the customer is responsible for sending the package back to our warehouse. However, we may withhold the refund until we have received the goods, or until the customer has provided proof of return, whichever occurs first.

The Customer must return the products to us within a maximum period 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 rules on Distance Selling, IS COMING FASHION allows the Customer to return or exchange (substitution 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 exchanges and returns, the following requirements must be met:

  1. The items must be in perfect condition, in their original packaging and with all labels, otherwise they cannot be exchanged or returned.
  2. The customer must fill out the return form within 15 days of 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 orders within the return period will appear. The customer must click on "REQUEST EXCHANGE OR RETURN" and then choose between returning it using our free DHL collection service or returning it at the customer's expense to our warehouse.

    If the customer purchased as a guest, they must go to VIEW MY ORDER by entering their email address and order number and selecting RETURN. In this section, the order details will appear, and they must click on “MAKE AN EXCHANGE OR RETURN” and then choose between returning it using our free DHL collection service or returning it at their own expense to our warehouse.
  2. Choose the item(s) you wish to return or exchange, and 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 case of a return, the collection details will be confirmed, and the customer must choose a refund method (store credit or refund to the original payment method). Select FINISH. The system will generate a "return request" email with your return and/or exchange options.

    Processing a return or exchange does not imply final acceptance of the item(s), as it is subject to verification of its good condition along with any related accessories.
    No exchanges and/or returns will be accepted for jewelry, lingerie, bath items and hosiery for hygiene reasons.
    When a refund is selected using the same payment method used for the order, the refund amount will be processed according to the customer's bank terms and conditions. Typically, if the payment was made by credit card, the refund will be credited at the time of the statement settlement, and if the payment was made by debit card, it will be credited within a maximum of thirty (30) days.

    Items returned damaged, incomplete, deteriorated, used, or soiled due to the customer's fault will not be refunded and will be made available to the customer for collection within sixty (60) calendar days or returned to the sender at their expense. After this period, it will be understood that the customer has relinquished the item, and IS COMING FASHION will not be liable for any damages. IS COMING FASHION will not be held responsible for the safekeeping or storage of the improperly returned item while it is in its possession.

    IS COMING FASHION reserves the right to refuse 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 issue 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 any flaw, the Customer must contact IS COMING FASHION as soon as possible at customercare@iscoming.es. Once IS COMING FASHION receives the return, the item will be carefully examined, and the Customer will be notified by email within a maximum of five (5) business days whether a refund or replacement is applicable.

The return or replacement of the item will be processed as soon as possible and, in any case, within thirty (30) calendar days from the date you receive an email confirming that the return or replacement of the non-conforming item is approved. In this case, IS COMING FASHION will cover the return shipping costs and the delivery of the replacement item. If the item cannot be replaced with an identical one, the full amount paid will be refunded to the customer. Refunds will be issued using the same payment method used for the original purchase.

SALE/OUTLET

  • There are temporary periods when we offer items from our previous collections at unique prices; these may be traditional sales, flash sales, or any other promotion 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 through our website within 15 calendar days of receiving your order. In this case, return shipping costs are the responsibility of the customer and vary depending on the country and the return method.
  • Garment changes are not allowed.
  • The refund will be issued via the same payment method used for the purchase.

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 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 to the customer in all our stores and at the head offices located at Calle Argensola nº 2 in Madrid.

Similarly, the Customer is reminded that the purchased products are covered by a two-year legal warranty from the date of delivery. This warranty does not cover defects caused by negligence in use and/or handling and/or normal wear and tear. To make use of the warranty within the legally established two-year period following delivery of the product, it is essential to present the proof of purchase.

11. Events beyond the control of IS COMING FASHION

IS COMING FASHION will not be liable for any failure or delay in performing any of its obligations under this contract, caused by events beyond its control (“Force Majeure Event”).

Force Majeure Events shall include any act, event, failure to act, omission, or accident beyond reasonable control and shall 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, airplanes, 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. 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 Implementing Regulation of Organic Law 15/1999 (RLOPD), and legislation on information society services and electronic commerce (LSSICE). To this end, IS COMING FASHION has adopted the necessary technical and organizational security measures in its facilities, systems, and files.

To purchase Is Coming… items, customers must provide personal data, which must be true, accurate, up-to-date, and complete. By making a purchase and accepting the terms and conditions, the customer is considered 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 processing, for the purpose of providing the service requested by the customer and including them in the marketing plan. This will involve segmenting their data, conducting market research, and creating profiles, whether or not derived from the analysis of their purchasing habits. This processing will allow IS COMING FASHION to offer additional benefits, discounts, and offers to the customer and to send promotional communications, the sending of which, by electronic or other means, is expressly authorized upon registering for the service.

Since the security and protection of our customers' privacy is an essential principle for IS COMING FASHION, it is advisable that the Customer 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 ones, which will continue to be binding between the parties.

The waiver by either party of the right to demand compliance with any of the general conditions stipulated herein at any given time shall not imply a general waiver of compliance with any other 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 Client will be in writing and electronically via the website. By using this website, the Client agrees to receive electronic communications. For contractual purposes, the Client consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications sent electronically satisfy the legal requirement of being in writing. This condition will not affect the Client's rights under applicable law. Notices will be deemed to have been received and properly served at the same time on the website, 24 hours after an email has been sent, or three (3) business days after the date of postage of any letter.

15. Customer Service

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

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

16. Jurisdiction and applicable law

These terms and conditions shall be governed by Spanish law. For the resolution of any doubt, discrepancy, or disagreement that may arise in the performance and interpretation of this contract, the parties submit to the jurisdiction of the Spanish Courts. If you are contracting as a consumer, nothing in this clause shall affect your statutory rights as such.