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 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 developing regulations, has prepared these Purchase Conditions for the contracting process of items offered in its eShop on the website https://www.iscoming.es

This document (hereinafter the "Conditions") constitutes a commercial agreement that binds the User (hereinafter "Customer") and Is Coming Fashion S.L. (hereinafter "IS COMING FASHION"). These Conditions establish the rights and obligations of the Customer and IS COMING FASHION and EXPRESSLY, CLEARLY, COMPREHENSIBLY, AND UNAMBIGUOUSLY determine the identity of the eShop owner, the characteristics of the Is Coming… items, prices, payment methods, the purchase 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 S.L., with registered office at Calle Argensola 2 Bajo izquierda, 28004, Madrid (Spain), NIF nº 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 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 Customer 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… items through its 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: one as a registered Customer and another as a guest (they may be referred to interchangeably as Customer).

In the case of a registered Customer, it will be necessary to fill out a form with personal data that can be modified by the Customer 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 news, and participate in promotions, among other options. This data provided 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 Customer can request the system to 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 Customer has requested automatic recognition, IS COMING FASHION will only request identification if they connect to the eShop on 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 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 uses of the service and the purchases made using their identification keys are made by the registered Customer, unless they have 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 Customer, 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 same moment new ones are generated.

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

For their part, users who purchase as a guest will not be obliged to register as a customer, but must provide the personal data necessary for shipping and, where appropriate, invoicing, such as name and surname, address, and telephone number.
Failure to respond or inaccuracy in personal data will prevent the user from registering as a registered Customer 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 Customer or as a guest, the user must accept these purchase conditions.

 

3. Customer Obligations

The Customer is obliged to:

  • Communicate truthfully 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 their access key, as well as immediately notify IS COMING FASHION of its loss, misplacement, theft, robbery, or illegitimate access, as well as its knowledge by third parties.
  • Pay for the Is Coming… items purchased through the eShop and shipping costs, where applicable.
  • The Customer may not place any fraudulent or false order. 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 items are exclusively delivered in the countries where our eShop is available (see countries). Thus, each country has its own eShop with its own items, 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 in a different country, you must make the purchase after selecting the country in the corresponding link.

 

5. Purchase procedure

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

  • Item description, reference, size, characteristics, colors, composition, and photograph.
  • Price per unit.
  • Shipping costs.
  • Offer validity conditions, if applicable.

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

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

When the Customer wants to finalize the purchase, they must select the "CONTINUE" button within the basket. In the case of a registered Customer, they must provide their email address and the password assigned to it. If they wish to purchase as a guest, they must enter their email address and the necessary data for shipping the order.

The Customer will then proceed to "DELIVERY ADDRESS" and "PAYMENT DETAILS" of 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 Customer will select the payment method from the available options and enter the requested data.

To confirm the purchase, the Customer must accept the Purchase Conditions, by selecting the corresponding box and proceeding with its acceptance by clicking on the "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS" button and clicking on the "AUTHORIZE PAYMENT" button. The Customer will receive an email informing them of the order details "Order Confirmation". Non-receipt of this message may be due to a temporary communication problem on the network or a typing error in the communicated email address. In both cases, it is advisable to contact us via the email address 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 the taxes levied on the purchase. 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 said amount or number of items, they may contact IS COMING's 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 free of errors. If any such error occurs at any time, 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 at any given time in the eShop, except in case of obvious error. Although IS COMING tries to ensure there are no errors in the prices listed on the page, in the event of an error in the price of items ordered by the Customer, 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 Customer, the order will be considered canceled, and the amounts paid 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 Order Confirmation had been sent to the Customer) if the error in the price is obvious and unequivocal, for which purpose the price of that IS COMING item in multibrand stores in the country where the order is placed may be used as a reference.

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 payment commitment made through a bank card is irrevocable. By providing information about their bank card, the Customer authorizes the charge to their card.

All payments are made through a secure payment gateway that encrypts card data and PAYPAL. In order to provide maximum security to 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 introduced the SEC (Secure Electronic Commerce) service with the international 3D Secure protocol, distinguished by the Verified by Visa and MasterCard SecureCode badges. 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 through a personal authentication code. The operation will only be carried out if the credit card issuing bank 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 customer and take appropriate measures (including order cancellation) to ensure that the purchased goods are delivered in accordance with the data provided in the order.

 

7. Shipping and delivery of items

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 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 indicated by the Customer at the time of 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 its best efforts to ensure that the service is carried out 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.

    The registered Customer can track the status of their order through the "MY ACCOUNT" area within the eShop, by selecting "ORDER DETAILS" 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 send any order to PO boxes, nor will it accept any order if 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 at the time the order is delivered.

    In the event that the order cannot be delivered due to the Customer's absence, the package will be returned to the central warehouses and it will be understood that the Customer waives the contents, not being able to demand a refund of the order. 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 by the shipment not collected by the Customer. If the Customer wishes the order again, they will have to place a new one.

  2. Delivery to Drop Point (only available in some countries): Items will be delivered to a delivery 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 from the enabled delivery points where they want to collect their order.

    The Customer will receive an SMS, an email or a call when their package arrives at the delivery point and must collect it within the maximum period determined by the Drop Point (check on its website). After this period, the package will be returned to the central warehouses and it will be understood that the Customer waives the content and cannot demand a refund of the order.

    IS COMING, in good faith, may refund the order to the customer once it has been returned to our warehouses, deducting from the refund the shipping and return costs incurred by the shipment not collected by the Customer. In the event that the Customer wants the order again, they will have to place a new one.

Delivery times depending on the 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

Consult

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

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

Orders will be sent to the delivery address that the Client provided at the time of placing the order, so it is important that the Client 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 orders to post office boxes, nor will it accept any orders 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 Client at the time the order is delivered.

 

8. Delivery problems

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

When the order is delivered to the Client, 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 aforementioned email, the Client must specify their personal data and order number, reflecting the discrepancy or problem. IS COMING FASHION will contact the Client as soon as possible to resolve the incident.

 

9. Cancellation, exchange, and return policy

Right to cancel the order. Right of withdrawal.

Our Clients, 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 Client may use the withdrawal form template received with the order. Likewise, a withdrawal form is available to Clients 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).

After receiving their email canceling the order, IS COMING FASHION will send the Client an email with the cancellation number. The Client must write the cancellation number on the delivery note that accompanies the Is Coming... items received. The right of cancellation will be applicable as long as the Is Coming... items are returned in the same conditions in which the Client received them, along with their complete packaging, tags, and any other related accessories.

This means that the items must not be damaged, used or worn (handling and inspection of the items with due care will not be understood as use – for example, the consumer can try on a garment, but would not be authorized to wear it), otherwise, the Client will be responsible for the decrease in the value of the returned goods and must compensate Is Coming… for the damage caused to them. IS COMING FASHION informs that it does not have a sales channel for 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:

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

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


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

In case of order cancellation, we will refund all payments received to the customer, including shipping costs (with the exception of additional costs resulting from the customer's choice of a delivery method different from 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 to make such reimbursement using the same payment method used by the customer for the initial transaction.

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

The Client 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 Distance Selling regulations, IS COMING FASHION allows the Client 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 of the purchase date of the order.

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

  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 completed 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 appear in detail 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. Choose the item(s) to be returned or exchanged, 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 Client must choose a refund method (store credit or refund to the same payment method used for the order). Select FINISH. The system will generate a "return request" email with their return and/or exchange options.

    The initiation of a return or exchange does not imply definitive acceptance of the item(s), as it is subject to verification of the item's good condition along with any related accessories.
    Exchanges and/or returns of jewelry, lingerie, swimwear, and hosiery items are not allowed for hygiene reasons.
    When a refund to the same payment method used for the order has been selected, the refund amount will be effective according to the Client's bank conditions. Usually, if paid by credit card, the credit is made at the time of its settlement, and if paid by 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 period of sixty (60) calendar days or sent back to the sender with postage due. After this period, it will be understood that the Customer waives the item, without being able to demand any liability from IS COMING FASHION. During the period in which the improperly returned item is in IS COMING FASHION facilities, no responsibility for custody or safekeeping will arise.

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

 

Returns due to order error. Defective items

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

In the event that the item is defective or has a flaw, the Client must contact IS COMING FASHION as soon as possible, by email customercare@iscoming.es. Once the return has been received by IS COMING FASHION, the returned item will be carefully examined and the Client will be informed by e-mail, 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 replaced item. In the event that the item cannot be replaced by an identical one, the amount paid will be fully refunded to the Client. 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, such as traditional sales, our flash sales, or any other promotion that will be announced.
  • Given their success, the preparation period may be longer than usual.
  • For returns 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 as the purchase.

10. Responsibility 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, or 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, Madrid.

Likewise, the Client is reminded that the products purchased have a legal guarantee of two years from the delivery date. 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 product delivery, presentation of the proof of purchase is essential.

 

11. Events outside the control of IS COMING FASHION

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

Force Majeure Events will include any act, event, failure to exercise, omission or accident beyond reasonable control and will 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.
  • Inability to use trains, ships, aircraft, motor transport, or other means of transport, public or private.
  • Inability to use public or private telecommunication 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 Personal Data Protection (LOPD), Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999 (RLOPD), and legislation on information society services and electronic commerce (LSSICE). For this purpose, IS COMING FASHION has adopted technical and organizational security measures in its facilities, systems, and files.

To purchase Is Coming... items, Clients will need to provide personal data, which must be true, accurate, updated, and complete. By purchasing and accepting the purchase conditions, the Client is considered legally informed and consents to IS COMING FASHION storing and processing the personal data provided during the purchase, those derived from the use of the service (data obtained from purchases), as well as those resulting from computer processes, with the purpose of providing the service requested by the client and making them participate in the commercial plan, for which data segmentation, market studies, and profile creation will be carried out, whether or not derived from the analysis of their purchasing habits; this processing will allow applying advantages, discounts, and additional offers to the Client 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 on the part of IS COMING FASHION to ensure the security and guarantee the privacy of our customers, it is convenient that the Client reads the Privacy and Data Protection Policy applicable to all our Clients' 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 compliance with any of the general conditions stipulated herein at a given time shall not imply a general waiver of compliance with another condition or conditions, nor shall it create an acquired right for the other party.

 

14. Notifications

Part of the information or communications sent to the Client will be in writing and electronic, and through the website. By using this website, the Client accepts that communications will be electronic. For contractual purposes, the Client agrees to use this electronic means of communication and acknowledges that all contracts, notifications, 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 considered received and correctly made at the same moment 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 Client has any questions about the eshop, about items, their order, shipments, returns, or any other communication or question, they can contact us in the following ways:

  • By email to customercare@iscoming.es
  • By postal 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 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 by current legislation as such.