A consumer buys an appliance, furniture, or clothing, then discovers a defect or changes their mind, and returns to the shop to find a notice stating that sold goods cannot be returned or exchanged. Here lies the most widespread misunderstanding in the Kuwaiti market. Some cases of return are rights conferred by law that a trader cannot extinguish by a notice, while others are merely a shop's commercial policy, granted or withheld at will. Distinguishing between the two determines your position. This article explains the point under Consumer Protection Law No. 39 of 2014 and the sale provisions of the Civil Code.
Three Entirely Different Situations
- Defective goods: a latent defect reducing their value or utility, unknown to the buyer at purchase. Here a right conferred by law arises.
- Non-conforming goods: not matching what was agreed or advertised, such as a different colour, size, model, or capacity. This is a breach of contract rather than merely a defect.
- Change of mind: the goods are sound and conforming but no longer suit the buyer. Here there is no original legal right of return, and the matter turns on the shop's published policy or what was agreed.
- Practical rule: base your claim on defect or non-conformity where they exist, as that is your legal foundation, while a change of mind belongs to negotiation.
Is a No-Return Notice Binding?
- For defects and non-conformity: no. A trader cannot extinguish by a notice or printed term a right conferred by law to protect consumers, and the term is void to that extent.
- For change of mind: in principle yes. A trader is not obliged to accept the return of sound goods, and the notice simply announces their policy.
- An important exception: where a trader announces a return policy or promises one in an advertisement, on the invoice, or on their website, they become bound by it and cannot resile from it.
- Unfair terms: any term excluding or limiting the trader's warranty contrary to law is disregarded however clearly written and signed.
Your Rights for Defect or Non-Conformity
- Repair: free repair of the defect within a reasonable period without the consumer bearing the cost of parts or labour.
- Replacement: replacement with sound conforming goods, most appropriate where repair is impossible or the fault recurs.
- Refund: rescinding the sale and recovering the full price where neither repair nor replacement avails or the defect is serious.
- Compensation: for loss caused by the defect, such as damage to connected property or lost use.
- No charge: the consumer may not be charged inspection or transport costs in defect cases.
Making a Claim in Practice
- Keep the invoice: it evidences the purchase, date, and price, and without it a claim becomes far harder. A photograph on your phone is usually sufficient.
- Document the defect: by photographs or video as soon as it appears, and record the date it emerged.
- Approach the shop first: with a written rather than oral request, and obtain a receipt if the goods are handed over for inspection.
- Never hand over goods without a receipt: a common mistake that costs the consumer both their evidence and their goods.
- Formal complaint: where the trader refuses, a complaint is made to the competent consumer protection authority with the invoice, photographs, and correspondence attached.
- Court proceedings: remain available to claim the price and compensation, suitable for high-value goods.
- Prompt notice: notify the seller as soon as the defect is discovered, as delay may be treated as acceptance of the goods as they are and weakens your position.
Particular Situations
- Discounted goods: a discount does not exclude the warranty against defects, and discounted goods remain warranted unless the defect was disclosed and specified at the time of sale.
- Second-hand goods: the warranty is narrower but not absent where the seller concealed a fundamental defect.
- Perishables: such as food, where rights are wider because safety is engaged and complaints follow a faster route.
- Bespoke goods: difficult to return for a change of mind by their nature, though defect or non-conformity still gives rise to liability.
- Instalment purchases: a defect does not automatically suspend the financier's instalments, so both parties must be notified in writing.
Practical Guidance
- Read the return policy before purchase rather than after, and photograph it where displayed in the shop.
- Test an appliance immediately rather than weeks later, as commercial exchange periods are usually short.
- Have every oral promise by the salesperson written on the invoice, as oral promises evaporate in a dispute.
- Do not open or attempt to repair the item yourself, as this gives the trader a strong defence.
- Keep the original packaging and accessories for a sufficient period, as their absence is used as a ground for refusal.
- For appliances, address your claim to both the retailer and the agent, as one may respond faster.
A right of return is not a trader's favour where goods are defective or non-conforming but an obligation imposed by law. Yamnak Law Firm advises consumers on preparing claims and complaints and conducts rescission, refund, and defect compensation claims before the courts.
