1. Introduction
1.1. These Terms and Conditions (“Terms”) govern your use of the website shop.encom.africa (the “Website”) and your purchase of products from Encom Digital, a brand of Encara Group Africa Limited (“Encom Digital”, “we”, “us”, “our”).
1.2. Encom Digital sells computers, printers, networking equipment, security systems, Starlink internet equipment, POS systems and related ICT products and accessories directly to customers in Kenya (the “Territory”). We are the seller of record for all products listed on the Website.
1.3. By accessing or using the Website, or by placing an order with us, you accept these Terms in full. If you disagree with these Terms, or any part of them, you must not use the Website or place an order with us.
1.4. If you use the Website on behalf of a business or other organisation, you confirm that you have the authority to bind that business or organisation to these Terms.
2. Eligibility and Accounts
2.1. You must be at least 18 years of age to place an order on the Website. By placing an order, you confirm that you meet this requirement.
2.2. You may check out as a guest or register for an account. If you create an account, you agree to provide accurate and complete information and to keep your login details confidential.
2.3. You are responsible for all activity that occurs under your account. Notify us immediately at sales@encom.africa if you suspect unauthorised use of your account.
2.4. We may suspend or close an account at our discretion where these Terms have been breached, provided that any orders already paid for and not yet fulfilled will be honoured or refunded.
3. Products, Descriptions and Pricing
3.1. We take reasonable care to ensure that product descriptions, specifications and images on the Website are accurate. Minor variations in appearance or packaging may occur.
3.2. All products sold by Encom Digital are sourced through authorised distributor channels and are genuine, backed by valid manufacturer warranties.
3.3. Prices are displayed in Kenya Shillings (KES) and are inclusive of applicable taxes unless stated otherwise. Delivery, installation or other service charges will be shown separately at checkout where they apply.
3.4. We reserve the right to correct pricing or listing errors at any time. If an error is identified after you have placed an order, we will contact you before processing the order and you may choose to proceed at the corrected price or cancel for a full refund.
3.5. We reserve the right to change prices, discontinue products, or limit order quantities at our discretion.
4. Orders and Payment
4.1. Placing an order through the Website constitutes an offer to purchase, which we may accept or decline. A contract is formed once we confirm your order.
4.2. We accept payment via the methods indicated at checkout, which may include M-Pesa, debit/credit card, and bank transfer. Full payment (or an agreed deposit for large project orders) is required before dispatch or scheduled installation, unless otherwise agreed with us in writing.
4.3. You warrant that any payment information you provide is accurate and that you are authorised to use the chosen payment method.
5. Delivery and Installation
5.1. We deliver across Kenya. Estimated delivery timelines will be communicated at checkout or by our sales team and may vary by location and product availability.
5.2. For larger deployments (e.g. office networks, CCTV, Starlink installations), our certified technicians will schedule on-site installation directly with you.
5.3. Risk in the products passes to you upon delivery. Please inspect products on delivery and notify us promptly of any damage or discrepancy.
6. Returns, Refunds and Warranties
6.1. Returns and refunds are handled in accordance with our Returns & Refunds Policy, available on the Website, which forms part of these Terms.
6.2. All products carry the applicable manufacturer’s warranty. Warranty claims are handled directly by Encom Digital on your behalf with the relevant manufacturer or authorised distributor.
6.3. Nothing in these Terms affects your statutory rights as a consumer under the laws of Kenya.
7. Acceptable Use of the Website
7.1. You must not use the Website in any way that causes damage to it, impairs its availability, or is unlawful, fraudulent or harmful.
7.2. You must not attempt to hack, scan for vulnerabilities, scrape, or use automated tools to extract data from the Website without our written consent.
7.3. You must not use data obtained from the Website for unsolicited direct marketing.
8. Reviews and User Content
8.1. If you submit a product review, question or other content to the Website, it must be accurate, truthful, and must not be offensive, unlawful, or infringe any third party’s rights.
8.2. You grant us a non-exclusive, royalty-free licence to use, reproduce and publish content you submit (such as reviews) on the Website and our marketing channels.
8.3. We may remove or edit any submitted content at our discretion, including where we suspect it is fake, inaccurate, or breaches these Terms.
9. Intellectual Property
9.1. All content on the Website, including text, graphics, logos and images, is owned by or licensed to Encom Digital / Encara Group Africa Limited and is protected by applicable intellectual property laws.
9.2. Third-party trademarks (including manufacturer brand names and logos shown on the Website) belong to their respective owners. Their appearance on our Website does not imply endorsement or affiliation beyond our role as an authorised reseller, where applicable.
10. Limitation of Liability
10.1. Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under the laws of Kenya, including in respect of death, personal injury, or fraud.
10.2. Subject to clause 10.1, our aggregate liability to you in connection with any order shall not exceed the total amount paid by you for that order.
10.3. We shall not be liable for indirect or consequential losses, including loss of profits, revenue, business, or data, arising from your use of the Website or products purchased through it.
11. Indemnification
11.1. You agree to indemnify Encom Digital against any losses, costs or liabilities arising from your breach of these Terms or your misuse of the Website.
12. Privacy
12.1. Your personal data is processed in accordance with our Privacy Policy, available on the Website.
13. Changes to These Terms
13.1. We may update these Terms from time to time. The revised Terms will apply from the date they are published on the Website. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
14. Governing Law and Jurisdiction
14.1. These Terms are governed by the laws of Kenya, and any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.
15. Company Details
This Website is operated by Encom Digital, a brand of Encara Group Africa Limited, registered in Kenya.
Registered office: Rehema House, C-Suite, 4th Floor, Standard Street, Nairobi.
Phone: +254 714962072
Email: sales@encom.africa