Terms and Conditions

Terms and Conditions for Online Orders

1. General Provisions

These Terms and Conditions govern the use of the online ordering service available through www.mamacurry.pl and ordercurryculture.multicolordesigns.com.

These Terms and Conditions have been prepared in accordance with the applicable laws of the Republic of Poland and the relevant provisions of European Union legislation.

The owner and operator of the online ordering service is:

THE SMAC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Juliusza Słowackiego 15
40-093 Katowice
Poland

NIP: 9542845282
Telephone: +48 579 279 927
Email: THEINDIANMARKETKATO@GMAIL.COM

By placing an order through our website, you confirm that you have read and accepted these Terms and Conditions.

These Terms and Conditions are available on our website in a format that allows them to be viewed, downloaded, and stored.

2. Definitions

Customer – Any natural person, legal entity, or organisational unit placing an order through the website.

Consumer – A Customer who qualifies as a consumer under applicable Polish law.

Seller – THE SMAC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.

Products – Food, beverages, sauces, desserts, and other menu items offered by Mama Curry.

Order – A request submitted by the Customer to purchase Products through the online ordering system.

Sales Agreement – The agreement concluded between the Customer and the Seller once the Order has been accepted.

3. Placing Orders

  • Orders may be placed only during the restaurant’s opening hours.
  • The Customer must provide accurate contact and delivery information.
  • The ordering process includes:
    • Selecting Products
    • Choosing delivery or collection
    • Providing customer information
    • Selecting a payment method
    • Accepting these Terms and Conditions
    • Confirming the Order
  • Submitting an Order creates an obligation to pay.
  • The Sales Agreement is concluded once the Seller confirms acceptance of the Order.
  • Mama Curry reserves the right to refuse or cancel an Order where information is incomplete, inaccurate, or the Order cannot reasonably be fulfilled.

4. Payments

Payments may be made using the payment methods displayed during checkout.

Online payments are securely processed through our trusted payment gateway partner PayU.

Available payment methods may include:

  • Debit and Credit Cards
  • BLIK
  • Online Bank Transfers
  • Digital payment methods supported by PayU
  • Cash on Delivery (where available)

Orders paid online will be processed after successful payment authorisation.

Cash payments are accepted only where the Cash on Delivery option is available.

5. Delivery

  • Delivery is available only within the service areas specified on our website.
  • The estimated order fulfilment time is 60 to 75 minutes.
  • Delivery times are estimates and may vary due to traffic, weather conditions, public holidays, technical issues, or high order volumes.
  • The Customer must be available to receive the Order at the delivery address provided.
  • If our driver cannot contact the Customer using the provided telephone number, the Seller reserves the right to cancel the Order.
  • Delivery charges, where applicable, are displayed before checkout.

6. Collection (Takeaway)

  • Customers may choose to collect their Order directly from the restaurant.
  • The estimated preparation time will be displayed during checkout.
  • Customers should collect their Order as soon as possible after notification.
  • The Seller cannot guarantee the quality of food collected significantly later than the indicated collection time.

7. Order Fulfilment

Order fulfilment depends upon:

  • Correct customer information
  • Successful payment (where applicable)
  • The Customer being contactable by telephone

The Seller reserves the right to cancel an Order if:

  • The Customer cannot be contacted.
  • Incorrect delivery details have been provided.
  • Payment authorisation fails.
  • The delivery address is outside the service area.
  • The Customer refuses delivery.

Repeated misuse of the ordering system may result in future Orders being refused.

8. Minimum Order Value

Where applicable, the minimum order value for delivery will be displayed in the Shopping Cart before checkout.

9. Right to Withdraw from the Contract

In accordance with Article 38 of the Polish Consumer Rights Act, Customers do not have the right to withdraw from a distance contract for freshly prepared food, beverages, or other products that perish quickly or have a short shelf life.

10. Returns Policy

Due to the nature of freshly prepared food and for hygiene and food safety reasons, Mama Curry does not accept returns or exchanges once an Order has been prepared, collected, or delivered.

Please check your Order immediately upon receipt and contact us if you believe there is an issue.

11. Complaints

If your Order is incomplete, incorrect, damaged, or does not meet reasonable quality expectations, you may submit a complaint using the contact details below.

Telephone: +48 579 279 927
Email: THEINDIANMARKETKATO@GMAIL.COM

Please provide:

  • Order Number
  • Your Name
  • Description of the issue
  • Photographs where appropriate

Mama Curry aims to review and respond to all complaints within one (1) hour during business hours.

If a complaint is accepted, we may offer one of the following solutions:

  • Replacement of the affected Product
  • Partial refund
  • Full refund
  • Another appropriate solution depending on the circumstances

12. Personal Data

THE SMAC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ is the controller of personal data collected through our websites.

Your personal data is processed solely for:

  • Order fulfilment
  • Customer support
  • Payment processing
  • Legal obligations
  • Improving our services

Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and applicable Polish data protection laws.

You have the right to access, correct, restrict, or request deletion of your personal data where permitted by law. More information is available in our Privacy Policy.

13. Limitation of Liability

Mama Curry shall not be liable for delays or failure to perform its obligations where such delays result from circumstances beyond its reasonable control, including severe weather, traffic incidents, road closures, utility interruptions, technical failures, or other force majeure events.

14. Final Provisions

  • Mama Curry makes every reasonable effort to ensure that the online ordering service operates continuously and securely.
  • The Seller reserves the right to temporarily suspend the service for maintenance, technical updates, or security reasons.
  • Matters not covered by these Terms and Conditions shall be governed by the laws of the Republic of Poland.
  • Any disputes arising from these Terms and Conditions shall be resolved by the competent courts in accordance with applicable Polish law.
  • Mama Curry reserves the right to amend these Terms and Conditions where required by legal, operational, or technical changes. Any amendments will be published on the website before they become effective.

Contact Information

THE SMAC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Juliusza Słowackiego 15
40-093 Katowice
Poland

NIP: 9542845282
Telephone: +48 579 279 927
Email: THEINDIANMARKETKATO@GMAIL.COM