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TERMS &
CONDITIONS

Last updated: 1 June 2025

AGREEMENT TO TERMS

These Terms and Conditions ("Terms") govern your use of the website evolveke.com and your purchase of products from Evolution Nexus Ltd. ("Evolve", "we", "us" or "our"), a company registered in Kenya.

By accessing our website or placing an order, you confirm that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them. If you do not agree, please do not use our website.

USE OF WEBSITE

You agree to use our website only for lawful purposes. You must not:

  • Use the website in any way that violates applicable Kenyan or international law
  • Attempt to gain unauthorised access to any part of the website or its systems
  • Transmit any unsolicited or unauthorised advertising or promotional material
  • Use the website to harm, threaten or harass any person
  • Attempt to scrape, copy or extract content or data from the website without permission
  • Use automated tools or bots to interact with the website

We reserve the right to terminate or restrict your access to the website at any time without notice if we believe you have violated these Terms.

PRODUCTS & PRICING

All products are subject to availability. We reserve the right to discontinue any product at any time without notice.

All prices are displayed in Kenyan Shillings (KES) and are inclusive of VAT where applicable. Prices are subject to change without notice. The price charged will be the price displayed at the time your order is placed.

We make every effort to display product colours, sizes and descriptions accurately. However, we cannot guarantee that your device screen will display colours exactly as they appear in person. Slight variations in colour are not considered defects.

In the event of a pricing error, we reserve the right to cancel your order and issue a full refund. We will notify you as soon as possible if this occurs.

ORDERS & PAYMENT

Placing an order on our website constitutes an offer to purchase the selected products. A contract between you and us is formed only when we send you an order confirmation email.

We reserve the right to refuse or cancel any order for reasons including:

  • Product unavailability or stock errors
  • Suspected fraudulent activity
  • Errors in product or pricing information
  • Failure of payment authorisation

Payment is processed securely through Pesapal. By providing payment details you confirm that you are authorised to use the payment method provided. We do not store your payment details.

DELIVERY

We deliver within Kenya and to selected East African countries. Delivery timelines are estimates and are not guaranteed. We are not liable for delays caused by courier partners, customs, or circumstances beyond our control.

Risk of loss and title to products passes to you upon delivery to the address provided at checkout. Please ensure your delivery address is accurate. We are not responsible for orders delivered to incorrect addresses provided by the customer.

Free delivery applies to orders over KES 10,000 within Kenya. Delivery fees for other orders and international shipments are displayed at checkout.

RETURNS & REFUNDS

Our Returns Policy forms part of these Terms and Conditions. Please read our full Returns Policy before making a purchase.

We accept returns within 24 hours of delivery for unworn, unwashed items with original tags attached. Refunds will be processed within 3–5 business days of receiving the returned item. Refunds are issued to the original payment method only.

We do not accept returns on sale items, digital products or personalised items unless they are defective.

INTELLECTUAL PROPERTY

All content on this website — including but not limited to text, images, graphics, logos, product designs and brand elements — is the property of Evolution Nexus Ltd. and is protected by Kenyan and international intellectual property laws.

You may not reproduce, distribute, modify, display or use any content from this website without our prior written permission. Unauthorised use of our intellectual property may result in legal action.

LIMITATION OF LIABILITY

To the fullest extent permitted by Kenyan law, Evolution Nexus Ltd. shall not be liable for any indirect, incidental, special or consequential damages arising from your use of our website or products.

Our total liability to you for any claim arising out of or in connection with these Terms shall not exceed the amount you paid for the order giving rise to the claim.

We do not exclude liability for death or personal injury caused by our negligence, fraud or any other liability that cannot be excluded under Kenyan law.

GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of Kenya. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

CHANGES TO THESE TERMS

We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting to the website. The "Last updated" date at the top of this page will be revised accordingly.

Your continued use of our website after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

CONTACT

If you have any questions about these Terms and Conditions, please contact us:

Evolution Nexus Ltd.

Westlands, Nairobi, Kenya

legal@evolveke.com