Controls for replacing and returning the product

Article (24)

The following rules apply to the regulation of the exchange and return of goods and merchandise:


    • The consumer has the right to replace or return the goods and recover the paid value within a period of fourteen days from the date of purchase, unless the warranty condition announced by the merchant includes it or custom requires a longer period.

    • Goods or merchandise must be returned in cases where a defect or fault is discovered, even if it can be repaired, or if it does not conform to the standard specifications approved within the State of Kuwait.

    • If it is not possible to replace the item or merchandise, it must be returned and the seller must refund its price according to the value stated in the sales invoices in the same way used when purchasing or in any other way acceptable to the consumer.

    • The consumer’s right to exercise the right of return or exchange shall not be forfeited if the conditions stipulated in these regulations are met, even if the goods or merchandise were purchased during commercial offers (discounts) licensed by the Ministry of Commerce and Industry. In this case, the value of the merchandise stated in the sales invoices shall be considered in the refund, and in the same manner used when purchasing.

    • If it is found that the goods or merchandise subject to return or exchange are counterfeit, imitated, or do not conform to the mandatory standard specifications approved in the State of Kuwait, the consumer has the right to recover its value from the seller in cash without prejudice to his right to take the legal measures prescribed in this regard, as the case may be, against the offending seller.

    • If the reason for the replacement is related to the sizes, the buyer must exercise the right to replace or return within a period not exceeding five days. In the event that the alternative size is not available, the consumer has the right to directly return and recover the value of the item, provided that the size option is proven in the purchase invoice.

 

Article (25)

 

The consumer may not exercise the right to return or exchange in the following cases:

  • If the consumer was aware of the defect or fault in the item when purchasing it and accepted it in its original condition and this was proven in the purchase invoice
  • If the nature, characteristics, or method of packaging or wrapping of the commodity or merchandise prevents its replacement or return, such as its exposure to damage or the impossibility of returning it to the condition it was in when purchased, in a way that prevents its resale, unless the reason for the return and replacement is due to manufacturing defects or violations of mandatory standard specifications, or the commodity or merchandise is contrary to what was agreed upon as a result of fraud in the specifications and components.
  • Perishable consumer goods are excluded, unless they are proven to be spoiled or expired for human consumption on the date of purchase, or goods manufactured according to specifications determined by the consumer, and books, newspapers and magazines.

Article (26)

  • The supplier is obligated to return the item with a refund of its value, or to replace or repair it without charge in the event that a defect is discovered in it or if it does not conform to the established standard specifications or the purpose for which it was contracted, within the specified period in accordance with the warranty terms announced by the merchant or the period that has become customary.
  • The provisions of this text shall not apply to perishable consumer goods, goods manufactured according to specifications determined by the consumer, books, newspapers, magazines, computer programmes and the like.