SECTION II — TERMS AND CONDITIONS
- About These Terms
These Terms and Conditions (“Terms”) govern access to and use of the www.bloomskw.com website and the purchase of products through the website.
By browsing the website, submitting an order or otherwise using our online services, you agree to these Terms, subject always to any mandatory rights granted to consumers under Kuwaiti law.
Electronic transactions and records are legally recognised in Kuwait under the Electronic Transactions Law No. 20 of 2014, as amended by Decree-Law No. 148 of 2025, subject to the requirements and exclusions established by that legislation.
- Applicable Law
These Terms are governed by the laws of the State of Kuwait, including, where applicable:
Consumer Protection Law No. 39 of 2014 and its Executive Regulations, as amended;
Electronic Transactions Law No. 20 of 2014, as amended by Decree-Law No. 148 of 2025;
Applicable Kuwaiti commercial and civil legislation;
Applicable food-safety and food-handling requirements;
Applicable intellectual-property legislation, including Law No. 75 of 2019 on Copyright and Related Rights;
Applicable cybersecurity and data-protection requirements;
Applicable laws and regulations governing digital commerce and online business operations.
Law No. 75 of 2019 is the current Kuwaiti Copyright and Related Rights legislation identified by the National Library of Kuwait and replaced the earlier 2016 framework.
The newly enacted Decree-Law No. 10 of 2026 regulating the Digital Commerce Sector is also relevant to our compliance framework. However, its commencement is subject to Article 45 and its executive regulations. Until the law becomes operative, the existing laws and regulations applicable to our activities remain controlling.
- Business Information
In accordance with applicable Kuwaiti commercial and consumer-protection requirements, our online store will provide legally required business information, including, as applicable:
Legal business name;
Commercial registration/licence information;
Contact information;
Product information;
Prices;
Delivery information;
Return and refund terms;
Other information required by applicable law.
Customers may contact us using the details displayed on the website.
- Products
4.1 Product descriptions
We endeavour to ensure that product photographs, descriptions, ingredients, quantities, prices and other information are accurate and sufficiently clear.
Because our chocolates are handmade, artisanal and produced in batches, minor variations in:
- Shape
- Colour
- Decoration
- Finish
- Weight within reasonable production tolerances
- Texture
- And other variables
Such ordinary artisanal variation does not constitute a defect where the product remains materially consistent with its description and intended characteristics.
We will not deliberately provide misleading product information.
- Ingredients and Allergens
Customers should carefully review product descriptions and ingredient/allergen information before purchasing.
Our products may contain or come into contact with ingredients including, without limitation:
- Milk
- Dairy products
- Nuts
- Peanuts
- Soy
- Gluten-containing ingredients
- Eggs
- Any and all other allergens
Because our chocolate kitchen may handle multiple ingredients, customers with any allergies should contact us before ordering.
We cannot guarantee that a product is completely free from any allergen unless we expressly state that it is manufactured under conditions that permit such a representation. Do not buy or consume if you have any food allergies whether listed or unlisted.
- Prices
All prices displayed on the website will be stated in Kuwaiti Dinars (KWD) unless expressly stated otherwise.
The applicable price is the price displayed at the time the order is placed, subject to obvious technical or pricing errors and applicable law.
Where applicable, delivery charges and other mandatory charges will be disclosed before the customer completes the purchase.
We will not impose an undisclosed mandatory charge after the order has been accepted.
Any promotional discount, sale or special offer will be presented and administered in accordance with applicable Kuwaiti requirements, including applicable Ministry of Commerce and Industry licensing requirements.
- Ordering Process
The customer is responsible for checking the order carefully before submitting payment.
An order should identify, where applicable:
- Product(s)
- Quantity
- Price
- Delivery location
- Recipient information
- Delivery date/time or selected delivery window
- Any permitted personalisation
- Applicable delivery charges
- Payment method
- The customer should review all information carefully before payment
- Acceptance of Orders
Submission of an order constitutes a request to purchase.
We may decline or cancel an order where, for example:
Payment is not successfully authorised
The product is unavailable
There is a genuine technical or pricing error
The delivery address is outside our service area
We reasonably suspect fraud or unlawful activity
Circumstances outside our reasonable control prevent fulfilment.
If we cancel an order after payment has been received and the cancellation is attributable to us, we will refund the amount paid for the cancelled order through the applicable payment method, subject to applicable law.
- Fresh Production and Immediate Commencement
9.1 Made fresh after payment
Our chocolates are made fresh in our chocolate kitchen.
Once successful payment has been received and the order is accepted, production may commence immediately.
This is a fundamental part of our artisanal production model and is necessary to maintain freshness, quality and the intended product characteristics.
9.2 Cancellation after production begins
Because the products may be produced specifically for the customer’s order immediately following payment, we may be unable to stop production once it has commenced.
Accordingly, a customer-requested cancellation after production has begun will generally not be accepted as a voluntary cancellation.
However, nothing in this provision excludes, restricts or waives a consumer right that cannot lawfully be excluded, including rights relating to defective, spoiled, expired, unsafe, incorrect or materially non-conforming goods.
- Payment
Payment may be made using the payment methods displayed at checkout.
Where electronic payment is offered, we use payment service providers in accordance with applicable requirements.
The 2026 Digital Commerce legislation expressly contemplates the use of authorised electronic-payment providers and cybersecurity controls; we intend to maintain our payment arrangements accordingly as those provisions become operative.
We do not knowingly request or retain unnecessary full payment-card credentials.
An order is not considered paid until payment has been successfully confirmed.
- Electronic Records and Invoices
Electronic records, confirmations and communications may be used in connection with transactions.
In accordance with applicable Kuwaiti electronic-transactions requirements, electronic records may have legal effect where the statutory requirements are satisfied.
We will issue an invoice or electronic transaction record containing the information required by applicable Kuwaiti law.
The Consumer Protection Law requires suppliers to provide an invoice in Arabic containing prescribed transaction information, while the enacted Digital Commerce Law further provides for electronic invoicing in Arabic once its operative framework applies.
- Delivery
12.1 Third-party delivery partner
We use a third-party delivery provider to deliver orders.
The delivery company is responsible for performing the physical transportation of the order in accordance with its operational procedures and applicable requirements.
We remain the seller of the chocolates and remain responsible for obligations imposed on us by mandatory Kuwaiti consumer law. The use of a third-party courier does not by itself remove or transfer statutory consumer rights.
12.2 Delivery times
Delivery estimates are estimates unless a specific delivery time has been expressly guaranteed.
Delivery may be affected by:
Traffic, Weather, Road restrictions, High order volumes, Public holidays, Incorrect address information,Recipient unavailability, Third-party courier delays, Events beyond our reasonable control.
Where a significant delay or difficulty materially affects fulfilment, we will communicate with the customer where reasonably practicable and where required by applicable law.
- Kuwait’s Heat and Chocolate Transportation
Kuwait’s climate can involve extremely high temperatures, particularly during the summer months.
Chocolate is sensitive to heat and may soften, bloom, deform or otherwise deteriorate if exposed to excessive heat or sunlight.
We therefore use reasonable packaging and delivery procedures appropriate to the product and season, which may include insulated or temperature-protective packaging where appropriate.
Customers should:
- Receive the order promptly
- Avoid leaving the package in direct sunlight
- Avoid leaving chocolates in a parked vehicle
- Follow the storage instructions supplied with the product
- Store the chocolates promptly in the recommended environment
13.1 Heat-related appearance
Minor softening, melting, condensation or chocolate bloom caused by exposure to excessive heat after delivery may affect appearance without necessarily making the product unsafe.
Where the issue results from circumstances attributable to the customer after delivery, it may not qualify for a refund or replacement.
13.2 Actual spoilage or unsafe product
If a product appears genuinely spoiled, contaminated, expired, unsafe or materially defective upon receipt, the customer should contact us as soon as reasonably possible and preferably immediately on the day of delivery, with photographs and the order number.
Mandatory consumer rights concerning defective, spoiled, expired or non-conforming products remain unaffected.
- Customer Responsibilities
Customers must:
- Provide accurate information
- Provide a valid delivery address
- Provide a reachable telephone number;
- Ensure the recipient can receive the order
- Review product and allergen information
- Follow storage instructions
- Receive perishable products promptly
- Not misuse the website
- Not attempt fraudulent transactions
- Not interfere with website security
- Not copy or exploit our intellectual property without permission
- Use the website only for lawful purposes
- Intellectual Property
Unless otherwise stated, all content appearing on the website belongs to [Brand Name] or is used with permission, including:
Brand names, Logos, Product names, Photographs,Product photography, Packaging designs, Graphics, Illustrations, Text, Website design, Recipes or proprietary written materials to the extent legally protectable, Videos, All other original creative material.
Such materials are protected by applicable Kuwaiti intellectual-property laws, including Law No. 75 of 2019 on Copyright and Related Rights.
Customers may not reproduce, modify, distribute, commercially exploit or publish our protected materials without prior written permission, except where a lawful statutory exception applies.
- User-Generated Content
If customers submit reviews, photographs, comments or other content, they must ensure that the material:
- Is truthful and not misleading
- Does not infringe another person’s rights
- Does not contain unlawful, defamatory or abusive material
- Does not contain confidential personal information belonging to another person without permission
- Where the customer submits content for publication, the customer grants us a non-exclusive right to use that content for legitimate business purposes, subject to applicable law.
- Website Availability
We aim to keep the website available and accurate but do not guarantee uninterrupted access.
The website may occasionally be unavailable due to:
Maintenance
Technical failures
Cybersecurity incidents
Telecommunications failures
Hosting failures
Events beyond our reasonable control
We will take reasonable measures to restore services.
- Errors and Corrections
We reserve the right to correct genuine typographical, technical, pricing or inventory errors.
If an error materially affects an order and the order cannot reasonably be fulfilled as displayed, we will contact the customer and, where appropriate, provide the option to cancel the affected order and receive a refund.
This clause does not permit us to engage in misleading pricing or advertising.
- Promotions and Discount Codes
Promotional codes are subject to their stated conditions.
Unless expressly stated otherwise:
A promotional code cannot be exchanged for cash;
A promotional code may not be combined with another promotion;
A promotional code may expire;
A promotional code may be limited to specified products or customers.
Promotional terms will not override mandatory consumer rights.
- Limitation of Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by Kuwaiti law.
Subject to that qualification, we will not be responsible for losses arising solely from circumstances outside our reasonable control, including extraordinary weather conditions, road closures, telecommunications failures, payment-system failures, third-party service interruptions or customer-provided incorrect information.
We remain responsible for obligations that the law places directly upon us, including applicable obligations concerning product quality, safety, conformity, consumer protection and actual damage caused by defective or non-conforming goods.
No contractual term is intended to waive or reduce mandatory consumer rights. Under Consumer Protection Law No. 39 of 2014, contractual terms that unlawfully exempt a supplier from statutory obligations or reduce consumer rights are void.
- Events Beyond Our Control (Force Majeure)
We will not be responsible for failure or delay caused by events beyond our reasonable control, including:
Natural disasters;
Extreme weather;
Government restrictions;
Road closures;
Civil disturbances;
Major infrastructure failures;
Internet or telecommunications outages;
Widespread payment-system failures;
Epidemics or public-health restrictions;
Other circumstances that could not reasonably have been prevented or overcome.
Where such an event materially affects an order, we will take reasonable steps to notify the customer and seek an appropriate solution.
- Complaints
We encourage customers to contact us first so that we can investigate and resolve complaints efficiently.
A complaint should include:
Order number;
Customer name;
Contact details;
Description of the issue;
Photographs where relevant;
Date and time of delivery;
Any other evidence reasonably requested.
We will investigate complaints fairly and will not use internal procedures to prevent a customer from exercising rights available under Kuwaiti law.
- Dispute Resolution
We will first seek to resolve disputes amicably through customer service.
Where a dispute concerns consumer rights, the customer may also use the complaint and consumer-protection mechanisms made available by the Kuwait Ministry of Commerce and Industry, including its Consumer Protection and Commercial Control Sector. The Ministry currently provides consumer complaint services and lists 135 for consumer complaints.
Where a dispute cannot be resolved amicably, it may be referred to the competent authorities, committees or courts in the State of Kuwait in accordance with applicable law.
Nothing in these Terms prevents a consumer from exercising a mandatory statutory right or filing a complaint with a competent government authority.
The dispute-resolution mechanisms created under the 2026 Digital Commerce Law will be applied when and to the extent that that law and its executive regulations become operative.
- Amendments to These Terms
We may update these Terms from time to time to reflect:
Changes to our products;
Changes to delivery arrangements;
Changes to payment systems;
Changes to applicable law;
Changes to regulatory requirements;
Changes to website functionality.
The latest version will be published on our website.
Changes will not retrospectively remove rights that have already accrued to a customer under applicable law.