Law No. 39 of 2014 on Consumer Protection

Law No. 39 of 2014
on Consumer Protection

Chapter One
Definitions

Article 1

For the purposes of applying this Law, the following words and terms shall have the meanings assigned to each of them:
1- Ministry: the Ministry of Commerce and Industry.
2- Competent Minister: the Minister of Commerce and Industry.
3- Committee: the National Committee for Consumer Protection established in accordance with the provisions of this Law.
4- Consumer: any natural or juristic person who purchases a Commodity or Service for consideration, or benefits from either of them for the purpose of consumption, or with whom dealings or contracting take place in respect thereof.
5- Commodity: any industrial, agricultural, animal, processed or semi-manufactured product, including raw materials, as well as used goods contracted for through a Supplier (“Provider”).
6- Service: any work provided to the Consumer in return for an agreed fee or a fee determined under a published tariff.
7- Provider (“Supplier”): any natural or juristic person who, in his own name or on behalf of others, carries on a commercial or industrial activity relating to the distribution, manufacture, sale, lease, import, offering or circulation of a Commodity, or intervention in its production, or the provision of a Service.
8- Advertiser: any natural or juristic person who, by himself or through others, advertises or promotes a Commodity or Service by the various means of publicity and advertising, whether the Advertiser is the Provider himself or a person licensed to do so.
9- Defect: a deficiency in quality, quantity or efficiency, or non-conformity of the Commodity or Service with the agreed specifications, or with the standards with which compliance is required as determined by the Executive Regulations of this Law, provided that the Defect has not arisen from an act of the Consumer.
10- Price: the sale price, the rent or charge for use, or the consideration for the Service.
11- Associations: the consumer protection associations established in accordance with the provisions of this Law, and the civil institutions and unions registered in accordance with the law and concerned with consumer protection.
12- Approved Standard Specifications: the specifications approved by the Ministry of Commerce and Industry or the competent authorities.

Chapter Two
The National Committee for Consumer Protection

Article 2

For the purposes of applying this Law, a permanent committee shall be established at the Ministry by a decision of the Minister of Commerce and Industry, to be called the “National Committee for Consumer Protection”, concerned with protecting the Consumer and safeguarding his interests. It shall be chaired by the Competent Minister, who may delegate one of the Assistant Undersecretaries of the Ministry. The Committee shall include in its membership representatives of the following entities, provided that the representative of each entity is not below the grade of Assistant Undersecretary or its equivalent:
1- A member representing the competent department at the Ministry of Commerce and Industry.
2- A representative of the Ministry of Health.
3- A representative of the Ministry of Information.
4- A representative of the Public Authority for Agriculture Affairs and Fish Resources.
5- A representative of the Fatwa and Legislation Department.
6- A representative of the Specialised Union of Consumer Protection Associations, if any.
7- A representative of the Environment Public Authority.
8- A representative of the Public Authority for Industry (Standards and Metrology).
9- A representative of the Union of Cooperative Societies, selected by the Competent Minister upon the nomination of their boards of directors.
10- A representative of Kuwait Municipality.
11- A representative of the General Administration of Customs.
12- A representative of the Chamber of Commerce and Industry.
The term of membership of the Committee shall be four years, renewable once, and the Minister’s decision shall determine the remuneration of the Chairman and the members of the Committee.
The Committee shall have a technical secretariat composed of a sufficient number of employees of the Ministry of Commerce and Industry in the competent department; its formation and the organisation of its work shall be determined by a decision issued by the Competent Minister in the manner set out in the Executive Regulations of this Law.

Article 3

The Committee shall meet at the invitation of its Chairman at least once a month and whenever necessary. Its meeting shall be valid if attended by a majority of its members, and it shall issue its decisions by an absolute majority of the members present; in the event of a tie, the side on which the Chairman has voted shall prevail. Decisions of the Committee shall be enforceable immediately upon their approval by the Competent Minister.
No member of the Committee may take part in the deliberations or the voting on any case brought before it in which he, or a person he represents, has an interest or rights, or where there is a kinship relationship up to the fourth degree between him and any of its parties, or where he has represented or represents any of the parties concerned.
The Committee may invite to attend its meetings any specialists whose assistance it deems appropriate, without the right to vote.
The Executive Regulations shall determine the procedures for the work and meetings of the Committee and the organisation of its technical secretariat.

Article 4

Decisions issued by the Committee in application of the provisions of this Law shall be final; challenges against them shall be brought directly before the competent administrative court, and shall be determined expeditiously.

Article 5

Members of the Committee and those working in its technical secretariat are prohibited from disclosing or divulging the information and data, and their sources, relating to the cases concerning the application of the provisions of this Law which are submitted or circulated during the examination of such cases and the taking of measures and the issuance of decisions relating thereto.
Such information and data and their sources may not be used for purposes other than those for which they were submitted.
Those working at the Committee are also prohibited, for a period of two years from the date of leaving service, from performing any work for persons who were subject to examination or who are subject to it on that date.

Article 6

The Committee shall have the following competences:
1- Setting the general policy for consumer protection, and setting the plans and work programmes to protect, promote and develop consumer rights, and the means of achieving this.
2- Receiving complaints from Consumers and consumer protection associations, examining and investigating them, notifying the competent authorities, and filing lawsuits relating to the interests of Consumers and intervening therein.
3- Studying the proposals and recommendations received by the Committee regarding consumer protection.
4- Cooperating with the bodies concerned with consumer protection at the Arab and international levels.
5- Forming the committees necessary to carry out its tasks from among the members of the Committee and others, in particular:
(a) Committees to verify the conformity of Commodities and Services with quality specifications and standards.
(b) Committees to investigate the complaints submitted by Consumers and consumer protection associations.
(c) A committee to study standard-form contracts in the various fields of consumption of Commodities and Services, in order to avoid terms that are unfair to the Consumer.

Article 7

Employees of the technical secretariat of the Committee who are designated by a decision of the Competent Minister shall have the capacity of judicial police officers in the application of the provisions of this Law. Such employees shall have the right to inspect, at any governmental or non-governmental entity, books and documents, and to obtain the information and data necessary to examine the cases brought before the Committee. The Executive Regulations shall determine the procedures for examination, seizure and the drawing up of reports, and the time limits necessary therefor.

Chapter Three
Civil Consumer Protection Associations

Article 8

Without prejudice to the provisions regulating civil society associations, the associations established for the purposes of this Law shall protect the Consumer and defend his interests, and to this end they may exercise the following competences:
(a) The right to bring lawsuits relating to the interests of Consumers or to intervene therein.
(b) Educating the Consumer about his rights by issuing publications, holding seminars and the like, and cooperating with the various advertising media.
(c) Carrying out surveys and comparisons of the prices and quality of products, verifying the accuracy of the data relating to them that specify their contents, and notifying the relevant bodies of any violations occurring in this regard.
(d) Providing information to the competent government authorities on problems relating to the rights and interests of Consumers, and submitting proposals to address them.
(e) Receiving the complaints of Consumers, verifying their seriousness, referring them to the competent authorities and following them up until their causes are removed.
(f) Assisting Consumers who have suffered harm as a result of using or purchasing a Commodity or receiving a Service in submitting complaints to the competent authorities, including the National Committee for Consumer Protection, and in taking legal action to protect their rights and interests.
The Executive Regulations of the Law shall regulate the conditions and procedures for establishing such associations and the rules governing the conduct of their activities, in coordination with the competent authorities.

Chapter Four
Consumer Rights

Article 9

In addition to any other rights established by laws and regulations, the Consumer shall have the right to the following:
1- Assurance of his health and safety when he is supplied with any Commodity or Service, and not being harmed when he uses the Commodity or enjoys the Service.
2- Assurance of the quality of Commodities and Services, and of the fitness of Commodities for use for the purpose for which they were intended.
3- Obtaining correct information and data about the products he purchases or uses or which are provided to him.
4- Fair settlement of legitimate claims, including compensation for misrepresentation, poor-quality Commodities, unsatisfactory Services or any practices harmful to the Consumer.

Article 10

Without prejudice to any more favourable legal or contractual guarantees or conditions for the Consumer, and except where the Committee has determined shorter periods in view of the nature of the Commodity, the Consumer shall have the right, within fourteen days of receiving any Commodity, to exchange it, or to return it and recover its value, without any additional cost, provided that the Commodity is in the same condition as at the time of purchase.
In all cases, the liability of Providers and Suppliers in this respect shall be joint, and the Executive Regulations shall set the rules for returns.
The provisions of this Article shall not apply to rapidly perishable consumer Commodities, unless it is proven that they were spoiled or had become unfit for human consumption on the date of purchase.
The provision of the first paragraph shall apply where the Consumer receives a defective or deficient Service, according to the nature of the Service, the terms of the contract therefor and the prevailing commercial custom in respect thereof; in such case, the Provider or the service provider shall refund its consideration, or the consideration for remedying the deficiency therein, or provide it again to the Consumer.
In the event of any dispute as to the existence of a Defect in the Commodity or its conformity with the specifications or with the purpose for which it was contracted, or as to the existence of a Defect or deficiency in the Service, the dispute shall be referred to the Committee, which shall issue a binding decision thereon. The Executive Regulations of this Law shall set out the procedures for applying this Article.

Article 11

Any term contained in a contract, instrument, document or otherwise relating to contracting with the Consumer shall be void if such term would exempt the Supplier of the Commodity or the provider of the Service from any of his obligations, or diminish the rights of the Consumer provided for in this Law.

Chapter Five
Obligations of the Provider

Article 12

The “Provider”, being the producer or the importer, as the case may be, shall place on Commodities, in the Arabic language, the data required by the Approved Standard Specifications in Kuwait or in the States of the Gulf Cooperation Council, or any data required by any other law or by the Executive Regulations of this Law, and in particular the specifications, date of production and expiry date of the Commodity, its components and characteristics, any hazard it may involve, any warnings relating to its use, and the precautions to be observed to avoid its risks, together with a full analysis of its components, in a clear and easily legible manner, and in such a way as to achieve the purpose of placing such data according to the nature of each product and the manner in which it is advertised, displayed or contracted for.
The service provider shall specify, in a clear manner, the particulars of the Service he provides, its prices, features and characteristics.
The Provider shall guarantee the Commodity or Service he provides or performs, as the case may be, and shall include in the contracts of sale or agreement a provision to that effect.

Article 13

When displaying Commodities, the Provider shall place the Price on each Commodity in a clear and direct manner, and this obligation shall apply to the service provider in respect of stating the consideration for the Service he provides to the Consumer.
No temporary reductions or special offers on the prices of Commodities displayed to the public may in any case be made except under a licence from the Ministry of Commerce and Industry.
It is prohibited to broadcast any commercial advertisements for such reductions or special offers without the licence referred to in the preceding paragraph, as well as in a manner misleading to the Consumer or contrary to the truth. The Executive Regulations shall set out the procedures regulating the period of free offers and reductions.

Article 14

The Provider shall take back the Commodity and refund its value, or replace or repair it free of charge, if a Defect is discovered in it or if it does not conform to the prescribed standard specifications or to the purpose for which it was contracted, within the period specified in accordance with the warranty terms announced by the trader or the period established by custom.
The provisions of this Article shall not apply to rapidly perishable consumer Commodities, Commodities manufactured according to specifications set by the Consumer, books, newspapers and magazines, and software and the like, as regulated by the Executive Regulations of this Law.

Article 15

The Provider shall give the Consumer an invoice, written at least in the Arabic language, evidencing the dealing or contract with him for the product, and including in particular the date of the dealing or contract, the price of the product, its specifications, origin, nature, type and quantity, and any other data specified by the Executive Regulations of this Law.

Article 16

Within a maximum period of seven days of discovering or becoming aware of a Defect in a Commodity or product, the Provider shall notify the Committee of such Defect and its potential harm. If the Defect entails harm to the health or safety of the Consumer, the Provider shall notify the Committee of such Defect immediately upon discovering or becoming aware of it, and shall announce, by all possible means of announcement, that he has stopped producing or dealing in it and that it is being recalled, warning Consumers against using the defective Commodity.
In such cases, the Supplier shall, at the request of the Consumer, replace the product or repair the Defect if the Commodity or product is capable thereof, or take it back and refund its value to the Consumer without any additional cost, and compensate him, if necessary, if he suffers harm arising from its use.
If a dispute arises in applying the two preceding paragraphs, the matter shall be referred to the Committee, which shall issue a binding decision in this regard in accordance with the procedures set out in the Executive Regulations of this Law.

Article 17

The Provider shall provide after-sales services in the form of repair and maintenance of Commodities, and shall also provide original spare parts according to their type and origin, for the period or periods and in the manner specified by the Executive Regulations of this Law.

Article 18

In the case of sale by instalments, or the collection of the consideration for a Service in instalments, the Provider or the service provider shall, before contracting, comply with the following:
1- The provisions of the aforementioned Law No. (2) of 2001.
2- Providing the Consumer with the following data:
(a) The entity providing the product (“Commodity”) or the Service by instalments.
(b) The cash sale price of the Commodity (“product”) or the Service.
(c) The instalment period.
(d) The total cost of the sale.
(e) The number of instalments and the value of each instalment.
(f) The amount the Consumer is required to pay in advance, if any.

Article 19

The Provider shall place on all correspondence, documents and instruments issued by him in his dealings or contracting with the Consumer, including electronic instruments and documents, the data that identify him, and in particular the particulars of his entry in the register relating to his activity and his trademark, if any.

Article 20

Without prejudice to the provisions of Law No. 10 of 1979 on the Supervision of Trade in Goods, Services and Crafts and the Fixing of Prices of Some of Them, and the laws amending it, the Provider shall in all cases compensate the actual damage that has occurred and that befalls the Consumer or affects his property as a result of Commodities and Services that are defective or that do not conform to the standard specifications or to the conditions of fitness.

Article 21

It is prohibited to sell or lease dangerous materials or products to any person under eighteen years of age at the time of contracting. The Executive Regulations shall specify the dangerous materials and products.

Chapter Six
Advertising of Commodities and Services

Article 22

It is prohibited to advertise the sale, offering, provision or promotion of Commodities or Services, by any means, in a way that contains false information or data. It is also prohibited to advertise any spoiled Commodities. Commodities shall be deemed adulterated or spoiled if they do not conform to the prescribed standard specifications, or are unfit for use, or their period of validity has expired.

Article 23

Subject to the provisions of Law No. 36 of 1964 on the Regulation of Commercial Agencies, every commercial agent or distributor shall carry out all the guarantees provided by the producer or the principal for the Commodity that is the subject of the agency.
If carrying out the guarantees provided for in the preceding paragraph takes more than fifteen days, the commercial agent or distributor shall provide the Consumer with a similar Commodity for his use free of charge until such guarantees are carried out.

Article 24

Subject to the provisions of Law No. 10 of 1979 on the Supervision of Trade in Goods, Services and Crafts and the Fixing of Prices of Some of Them, and the provisions of Law No. 10 of 2007 on the Protection of Competition, the Provider may not conceal, or work by any means to conceal, any Commodity or refrain from selling it with the intention of controlling the market price, or impose the purchase of certain quantities or the purchase of another Commodity with it, or charge more than its price.

Article 25

Subject to the provisions of Article 22 of Law No. 3 of 2006, Commodities and Services may not be advertised except after obtaining a licence to do so from the competent administrative authorities.

Article 26

The advertising of Commodities and Services, and the writing of the data provided for in Article (12), shall be at least in the Arabic language, and other languages may be used alongside it.

Chapter Seven
Penalties

Article 27

Without prejudice to any more severe penalty provided for in any other law, and without prejudice to the right of the Consumer to compensation, the violation of Articles 12, 13, 14, 15, 16, 17, 18 and 19 of Chapter Five of this Law, relating to the obligations of the Supplier or the Provider, shall be punishable by a fine not exceeding twenty thousand dinars and imprisonment for a term not exceeding two years, or by either of these two penalties. In the event of recidivism, the penalty shall be doubled in both its minimum and maximum limits, and in such case the accused shall be deemed a recidivist if he commits a similar offence within a period of five years.
The person responsible for the actual management of the violating juristic person shall be punished by the same penalties provided for in this Law if it is proven that he knew of the violation, or if his breach of the duties imposed on him by such management contributed to the commission of the offence, or if he had a direct personal interest or benefit from its commission.
The juristic person shall be jointly liable for the payment of the financial penalties and compensation adjudged if the violation was committed by one of its employees in its name or for its benefit.

Article 28

Without prejudice to any more severe penalty provided for in another law, any Provider who violates the provisions of Articles (20) and (21) of this Law shall be punished by imprisonment for a term not exceeding six months and a fine not exceeding five thousand dinars, or by either of these two penalties.
The penalty of imprisonment shall be mandatory in the event of recidivism, and the accused shall be deemed a recidivist if he commits a similar offence within three years from the date of completion of the execution of the penalty imposed on him. All the offences provided for in this Law shall be deemed similar for the purposes of recidivism.

Article 29

Without prejudice to any more severe penalty provided for in another law, any person who disposes in any manner whatsoever of the materials seized in accordance with Article (34) of this Law shall be punished by imprisonment for a term not exceeding two months and a fine equal to the value of the seized goods that were disposed of, or by either of these two penalties. The penalty or the fine shall be doubled if it is proven that such materials and Commodities are unfit for consumption or are harmful to public health.

Article 30

Without prejudice to any more severe penalty provided for in another law, any Advertiser who violates the provisions of Articles (25) and (26) of this Law shall be punished by imprisonment for a term not exceeding six months and a fine not exceeding five thousand dinars, or by either of these two penalties.
The Advertiser shall be exempted from punishment if he is not the Provider and it is proven that the information contained in the advertisement is of a technical nature which a person in his position could not verify.

Article 31

In the event of a conviction for any of the offences provided for in this Law, the court may, in addition to the penalty imposed, order the confiscation or the destruction of the Commodity that is the subject of the violation and of the tools used in its production, at the expense of the convicted person. Confiscation shall be mandatory in the case of Commodities that are defective, or whose use would expose the Consumer to danger, or that do not conform to the specifications or to the conditions of fitness. The court may also order the closure of the premises in which the convicted person carries out the production, sale or provision of the service for the Commodity or Service that is the subject of the violation, for a period of not less than two months and not more than three months.
The judgment shall be published in two widely circulated daily newspapers.

Article 32

A complaint concerning any of the offences provided for in this Law shall be submitted by the Consumer, by any consumer protection association, or by the Specialised Union of Consumer Associations.
The Public Prosecution shall have exclusive competence to investigate, prosecute and dispose of the complaint.

Chapter Eight
General Provisions

Article 33

Any term or agreement that would prejudice the rights of the Consumer or diminish them, or exempt the Provider from his obligations, shall be void.

Article 34

Without prejudice to the provisions on criminal liability arising from the violations provided for in this Law, the Committee shall, upon establishing a violation of any of the provisions of this Law:
1- Oblige the violator to rectify his position and remove the violation immediately or within a period of time determined by the Committee in its decision. If the violation is likely to harm the health or safety of the Consumer, the Committee may, in accordance with the rules set out in the Executive Regulations of this Law and as the case may be, issue a decision to suspend the provision of the Service or to seize the Commodities that are the subject of the violation pending the completion of the investigations or the issuance of a judgment in their regard, and the Committee shall take all necessary measures to inform Consumers of the violation.
2- Coordinate with the various State bodies to apply the provisions of this Law in the manner specified by the Executive Regulations; such bodies shall provide the data and technical advice requested by the Committee with respect to the complaints of Consumers and Associations.

Chapter Nine
Final Provisions

Article 35

Any provision contrary to the provisions of this Law is hereby repealed.

Article 36

Without prejudice to the provisions of Law No. 10 of 1979 on the Supervision of Trade in Goods, Services and Crafts, and the ministerial decisions issued in implementation thereof.
The Competent Minister shall issue the Executive Regulations of this Law within three months from the date of its publication in the Official Gazette.

Article 37

The Prime Minister and the Ministers, each within his competence, shall implement this Law, which shall come into force from the date of its publication in the Official Gazette.

Issued on 25 May 2014 and published in the Official Gazette Kuwait Al-Youm on 8 June 2014.