SECTION III — RETURNS, REFUNDS, REPLACEMENTS AND CANCELLATIONS POLICY
- Purpose
We want every customer to receive their chocolates in excellent condition.
Because our products are fresh, artisanal food products, returns operate differently from returns for ordinary durable consumer goods.
This Policy is intended to comply with applicable Kuwaiti consumer-protection law while explaining clearly how our fresh-production model works.
- Statutory Consumer Rights
Under Article 10 of Kuwait Consumer Protection Law No. 39 of 2014, a consumer generally has the right, subject to the statutory conditions, to replace or return a purchased good and recover its value within 14 days of receiving the good, provided the good remains in the condition in which it was purchased.
Importantly, the same provision excludes rapidly perishable consumer goods, except where it is established that the goods were spoiled or had expired for human consumption at the time of purchase.
The Ministry of Commerce and Industry has likewise publicly confirmed the 14-day return/exchange framework and specifically stated that rapidly perishable goods are excluded unless their spoilage or expiry existed at the time of purchase.
Accordingly, this Policy is not intended to create a blanket “no returns under any circumstances” rule.
- Fresh Chocolate and Perishable Products
Our chocolates are made fresh and may contain fillings, creams, ganaches, fruits or other ingredients that affect shelf life.
Where a product qualifies under applicable law as a rapidly perishable consumer good, the statutory 14-day no-reason return right does not apply in the same way as it does to ordinary non-perishable goods.
However, this does not exclude a customer’s rights where:
The product was spoiled when received;
The product was already expired when supplied;
The product is unsafe;
The product is defective;
The product is materially different from what was ordered;
The wrong product was supplied;
The product was damaged before or during delivery in circumstances for which we are responsible;
- Fresh Production After Payment
Because our chocolates are artisanal and made fresh to order, production begins as soon as payment is successfully received and the order is accepted.
Once production has begun, we may be unable to stop the production process, reverse the preparation or resell the product as new.
For that reason, voluntary customer-requested cancellations after production has commenced are generally not available.
This is an operational limitation associated with the nature of our products and does not override any statutory consumer protection.
- Customer-Requested Cancellation
5.1 Before production begins
Where a customer requests cancellation promptly after placing an order and before production has begun, we will use reasonable efforts to accommodate the request.
If cancellation is accepted before production and before the order has otherwise become non-cancellable, the customer will generally receive a refund of the amount paid, subject to any applicable legal or payment-processing requirements.
5.2 After production begins
Once production has commenced, the order may no longer be cancelled at the customer’s request because the products are fresh and may have been prepared specifically for that order.
However, this restriction does not apply to a cancellation or remedy that is required because we:
Cannot fulfil the order;
Supplied the wrong product;
Supplied a materially defective product;
Supplied an unsafe or spoiled product;
Otherwise failed to comply with a mandatory legal obligation.
- Returns of Non-Perishable Products
Where we sell an item that is not a rapidly perishable consumer good, the statutory return/exchange rights under Kuwaiti law apply.
Where a customer seeks to exercise a statutory return right, the product should, subject to the law and applicable exceptions:
Be returned within the applicable statutory period;
Remain in its original condition;
Not have been used or consumed;
Include its original packaging where reasonably required;
Be accompanied by the invoice/order reference.
Our internal policy cannot reduce a statutory right.
- Products That Have Been Opened or Consumed
For food products, opening, consuming, handling or storing the product may make it impossible to establish whether a subsequent condition resulted from the product itself or from post-delivery handling.
Accordingly, voluntary returns of opened or consumed food products will generally not be accepted where the law permits such exclusion.
This does not affect a customer’s right to complain about a product that was defective, unsafe, spoiled, contaminated or otherwise non-conforming when supplied.
- Incorrect or Missing Products
If we deliver:
The wrong product;
The wrong quantity;
A missing item;
A materially incorrect personalised item attributable to us;
Please contact us as soon as reasonably possible.
After verification, we may provide the appropriate remedy, which may include:
Replacement;
Re-delivery;
Refund for the affected item;
Another remedy required by applicable law.
- Damaged Products
Customers should inspect the package as soon as reasonably practicable after delivery.
If a product is visibly damaged, melted, crushed, leaking, contaminated or otherwise materially affected on arrival, customers should photograph:
The external package;
The internal packaging;
The affected chocolate;
The order label;
Any visible damage.
The photographs help us determine whether the issue arose during preparation, packaging, delivery or post-delivery handling.
Where the damage is attributable to us or our delivery arrangements, we will provide an appropriate remedy in accordance with applicable law.
- Heat, Melting and Spoilage
10.1 Kuwait’s climate
Because Kuwait experiences very high temperatures, chocolate may be particularly vulnerable to heat exposure.
Customers must not:
Leave chocolates in a vehicle;
Leave chocolates outside in direct sunlight;
Leave chocolates unattended for extended periods in extreme heat;
Ignore storage instructions;
Delay collection or receipt of a perishable order without contacting us.
10.2 Deterioration caused after delivery
Where a customer receives a product in acceptable condition but subsequently leaves it in excessive heat or fails to follow the supplied storage instructions, we may be unable to provide a refund or replacement for deterioration caused by that post-delivery handling, subject always to mandatory law.
10.3 Spoilage existing at receipt
If the product is genuinely spoiled, unsafe, expired or otherwise unfit for consumption when received, the customer should notify us immediately.
Where the evidence establishes that the issue existed when the product was supplied, we will provide the remedy required by applicable Kuwaiti law.
- What Is Not Normally Considered Spoilage
The following may occur naturally with chocolate and do not necessarily mean that the product is spoiled:
Slight whitening or “bloom”;
Changes in surface appearance;
Minor softening;
Minor cosmetic imperfections caused by temperature;
Natural variation resulting from artisanal production.
However, if a product has an unusual odour, visible contamination, signs of decomposition, compromised packaging or another condition suggesting that it is unsafe or unfit for consumption, the customer should not consume it and should contact us immediately.
We will assess the complaint fairly.
- Refunds
Where a refund is approved or legally required:
The refund will generally be made through the original payment method where practicable;
The amount refunded will correspond to the remedy required by law or the agreed commercial resolution;
Bank or payment-provider processing times may affect when the funds appear in the customer’s account.
We will not knowingly delay a refund beyond the period reasonably required to process it and comply with applicable law.
- Delivery Fees
Where the customer is entitled to a refund because we supplied a defective, incorrect or materially non-conforming product, the treatment of delivery charges will be determined in accordance with applicable law and the circumstances of the case.
Where a customer voluntarily cancels an order after production has commenced, or where deterioration occurs after delivery because of the customer’s handling or delay, the original delivery charge may not be refundable where legally permissible.
We will not use delivery charges to circumvent a mandatory consumer remedy.
- Refund Method
Refunds will generally be made to the same payment method used for the purchase.
If that method is unavailable or cannot reasonably receive the refund, we may use another lawful refund method acceptable to the customer and/or payment provider.
We will not require a customer to accept store credit instead of a cash or payment-method refund where applicable Kuwaiti law requires monetary reimbursement.
- Exchanges and Replacements
Where a replacement is legally or commercially appropriate, we may replace the affected product with:
The same product;
A substantially equivalent product where the original is unavailable;
Another remedy agreed with the customer.
Where the issue is an established defect, non-conformity or other matter governed by mandatory law, the customer’s statutory remedies will prevail over this Policy.
- How to Request a Return, Refund or Replacement
Customers should contact:
Email: info@bloomskw.com
Telephone / WhatsApp: [Customer Service Number]
The request should include:
Order number;
Customer name;
Telephone number;
Date of delivery;
Product concerned;
Description of the issue;
Photographs, where applicable;
Any relevant supporting information.
For food-quality complaints, customers should retain the affected product and packaging until we have advised whether it is necessary to inspect or collect it.
- Time-Sensitive Food Complaints
Because chocolates are fresh food products and their condition can change rapidly in Kuwait’s climate, customers should report suspected spoilage, contamination, melting, damage or other serious quality problems as soon as possible after delivery.
A prompt report helps us distinguish:
A production issue;
A packaging issue;
A delivery issue;
A storage/handling issue;
A natural characteristic of chocolate.
A customer’s failure to notify us immediately will not, by itself, extinguish a mandatory legal right. However, where the condition of a perishable product cannot be reliably established because of unreasonable delay or post-delivery handling, the available evidence may affect our ability to determine the cause of the issue, subject to applicable law.
- Evidence and Fair Assessment
We may request reasonable evidence to investigate a return or refund request, including:
Photographs;
Video;
Packaging;
Delivery records;
Order records;
Product labels;
Batch information.
We will assess complaints fairly and will not reject a legitimate statutory claim merely because the product is artisanal or perishable.
Likewise, a customer’s statutory rights do not make us responsible for deterioration demonstrably caused by the customer’s own post-delivery handling where the law permits responsibility to be allocated in that manner.
- Consumer Protection and Mandatory Rights
Nothing in this Returns and Refunds Policy is intended to:
Exclude mandatory consumer rights;
Prevent a customer from filing a consumer complaint;
Exempt us from statutory liability;
Remove a remedy required by Kuwaiti law;
Require a customer to waive rights protected by law.
In particular, Consumer Protection Law No. 39 of 2014 provides that contractual provisions that unlawfully exempt a supplier from statutory obligations or reduce the consumer’s statutory rights are void.
- Complaints and Escalation
We encourage customers to give us the opportunity to resolve complaints directly.
If a complaint cannot be resolved, the customer may contact the competent consumer-protection authorities in Kuwait.
The Ministry of Commerce and Industry provides consumer complaint services through its Consumer Protection and Commercial Control Sector and currently lists 135 for consumer complaints.
- Changes to this Policy
We may update this Returns and Refunds Policy when:
Our products change;
Our production process changes;
Our delivery arrangements change;
Applicable laws or regulations change;
New Ministry of Commerce and Industry requirements become applicable;
The executive regulations of the 2026 Digital Commerce Law come into force.
The version published on our website on the relevant date will apply, subject to mandatory legal rights that cannot lawfully be changed retrospectively.
IMPORTANT LEGAL COMPLIANCE NOTE
This Policy is intended to operate alongside, and not instead of, mandatory Kuwaiti law.
Where a provision of this Policy conflicts with a mandatory provision of Kuwaiti law, the mandatory legal provision will prevail.
The Brand will review these policies whenever material changes occur to Kuwaiti consumer, food, privacy, electronic-transactions, cybersecurity or digital-commerce legislation.
Last Updated: [10/08/2026]