Terms and conditions for online orders

TERMS AND CONDITIONS FOR ONLINE ORDERS

These Terms and Conditions govern the use of the online food ordering service available through: https://order.smakcurry.pl/

The online ordering service is operated for Smak Curry – Kuchnia Indyjska by:

ENESSO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
KRS: 0001202377
NIP: 9512633173
REGON: 543106005
ul. Wawrzyńca Surowieckiego 8, lok. 801
02-785 Warszawa
Poland

The company is registered as a limited liability company (spółka z ograniczoną odpowiedzialnością). The above company details are based on the current KRS extract dated 11 July 2026.

1. General Provisions

  1. These Terms and Conditions define the rules for placing and fulfilling food orders through order.smakcurry.pl.
  2. The online ordering service allows customers to browse the restaurant menu, select food and beverages, choose an available method of fulfilment and payment, and submit an order.
  3. Orders placed through the website are processed by ENESSO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, operating the Smak Curry – Kuchnia Indyjska restaurant.
  4. These Terms and Conditions are made available to customers free of charge in a form that allows them to be saved, reproduced and accessed later.
  5. Before placing an order, the customer must read and accept these Terms and Conditions.
  6. The customer must provide accurate and complete information necessary to process the order.
  7. The online ordering service is intended for persons who are legally capable of entering into contracts under applicable Polish law.

2. Definitions

For the purposes of these Terms and Conditions:

Restaurant / Seller means ENESSO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, operating under the name Smak Curry – Kuchnia Indyjska.

Customer means a person placing an order through the online ordering service.

Consumer means a natural person entering into a transaction with the Seller for purposes predominantly outside that person’s business or professional activity.

Order means the Customer’s declaration of intent to purchase selected food or beverages under the conditions displayed on the website.

Products means food and beverages available through the online ordering service.

Delivery means delivery of an accepted Order to the address provided by the Customer, where delivery is available.

Pickup means personal collection of an accepted Order from the restaurant.

Online Ordering Service means the ordering functionality available through order.smakcurry.pl.

3. Products and Menu

  1. The Products available for ordering are presented on the online ordering website.
  2. Product descriptions are provided to help customers make an informed choice.
  3. Photographs displayed on the website are for illustrative purposes. The appearance of a prepared dish may differ slightly from the photograph.
  4. The availability of Products may change depending on stock, ingredients, restaurant capacity and operating conditions.
  5. The Restaurant reserves the right to temporarily remove a Product from the ordering menu when it is unavailable.
  6. Certain dishes may contain allergens or ingredients that may cause food intolerances.
  7. If you have a food allergy or intolerance, or you are ordering for someone who does, please contact the restaurant before placing your order.

Restaurant telephone: +48 452 670 585

  1. Customers should not place an order if they cannot obtain the allergy or intolerance information they require.

4. Prices

  1. Product prices are displayed on the online ordering website in Polish złoty (PLN).
  2. Prices shown at the time the Order is placed are the prices applicable to that Order.
  3. Unless expressly stated otherwise, prices include applicable VAT.
  4. Any applicable delivery fee or other additional charge will be displayed to the Customer before the Order is finally submitted.
  5. The total price payable by the Customer will be displayed before the Customer confirms the Order.
  6. Promotional prices, discounts and special offers may be subject to additional conditions stated on the website.
  7. Promotional offers may be limited by availability or time.

5. Placing an Order

The Order process generally consists of:

  1. Selecting Products from the menu.
  2. Adding Products to the shopping cart.
  3. Reviewing the contents of the cart.
  4. Selecting the available fulfilment method, such as delivery or pickup.
  5. Providing the information required to process the Order.
  6. Selecting an available payment method.
  7. Reviewing the Order, total price and applicable charges.
  8. Accepting these Terms and Conditions.
  9. Confirming the Order with the payment obligation where applicable.

The Customer must carefully check the Order before submitting it.

Where the ordering interface requires confirmation of an obligation to pay, the Customer will be clearly informed that placing the Order involves an obligation to make payment. This reflects the information requirements applicable to distance contracts concluded online.

6. Acceptance of Orders

  1. Submitting an Order through the website does not by itself guarantee that the Restaurant will be able to fulfil it.
  2. The Restaurant may need to verify the Order, its availability and the selected fulfilment method.
  3. The Order is accepted when the Restaurant confirms that it will fulfil the Order.
  4. Confirmation may be provided electronically through the ordering system, by email, or through another communication method used by the Restaurant.
  5. If the Restaurant cannot fulfil an Order, the Customer will be informed as soon as reasonably possible.
  6. If payment has already been made for an Order that cannot be fulfilled, the amount paid for the unfulfilled Order will be refunded using the applicable payment method or another legally permitted method.

7. Delivery

  1. Delivery is available only within the areas served by the Restaurant and shown as available through the online ordering system.
  2. The Customer must provide a complete and accurate delivery address and a valid telephone number.
  3. The applicable delivery fee, where any, will be displayed before the Order is submitted.
  4. The estimated delivery time shown on the website is an estimate and may vary depending on:
    • The number of orders being prepared;
    • Restaurant workload;
    • Traffic and road conditions;
    • Weather conditions;
    • Unexpected technical or operational circumstances;
    • Other circumstances outside the Restaurant’s reasonable control.
  5. The Restaurant will make reasonable efforts to prepare and deliver the Order within the estimated time.
  6. The Customer must be available at the provided telephone number where contact is necessary to complete the delivery.
  7. If the Customer cannot be contacted or the delivery cannot be completed because of incorrect or incomplete information provided by the Customer, the Restaurant may be unable to complete the delivery.
  8. Where the Customer provides an incorrect or incomplete address, the Restaurant may contact the Customer to clarify the information.
  9. Any additional arrangements or charges resulting from incorrect information provided by the Customer may be communicated before further delivery is attempted.

8. Pickup

  1. The Customer may select Pickup where this option is available.
  2. The expected pickup time or available pickup period will be displayed during the ordering process.
  3. The Customer should collect the Order within the selected or communicated pickup period.
  4. The Customer may be asked to provide the Order number or other information necessary to identify the Order.
  5. If the Customer does not collect the Order within a reasonable period, the quality of freshly prepared food may deteriorate.
  6. The Restaurant cannot guarantee the quality of food that has not been collected within a reasonable period after it becomes available for pickup.
  7. If the Customer is unable to collect an Order, they should contact the Restaurant as soon as possible.

9. Payment

  1. The payment methods currently available are displayed during the checkout process.
  2. Where online payment is selected, payment may be processed through PayU.
  3. Payment processing is carried out through the payment provider’s secure payment systems.
  4. The Restaurant does not intend to store complete payment card details on its own website.
  5. If an online payment is unsuccessful, the Order may not be accepted for preparation until successful payment or another agreed payment method has been confirmed.
  6. If the Customer has been charged but the Order cannot be fulfilled, the amount paid for the affected Order will be refunded in accordance with the applicable payment procedure.
  7. The Customer should not provide payment card details to the Restaurant by telephone, email or through order notes.

10. Changes and Cancellation of Orders

  1. Once an Order has been accepted and preparation has started, it may not always be possible to modify or cancel it.
  2. Customers wishing to change or cancel an Order should contact the Restaurant as soon as possible.

Telephone: +48 452 670 585

  1. The Restaurant will make reasonable efforts to accommodate cancellation or modification requests where preparation has not yet started.
  2. Once food has been prepared specifically for an Order, cancellation may no longer be possible.
  3. If an Order has already been paid for and cancellation is accepted, any refund due will be processed in accordance with applicable law and the circumstances of the cancellation.

11. Right of Withdrawal

Under Polish consumer law, consumers generally have a 14-day right of withdrawal from many distance contracts. However, the law provides exceptions.

Food Orders placed through the online ordering service may consist of freshly prepared food and products that are perishable or have a short shelf life.

Accordingly, the statutory right of withdrawal does not apply to products covered by the relevant statutory exception, including goods that rapidly deteriorate or have a short shelf life.

This does not affect the Customer’s statutory rights where Products are defective, incorrect, damaged or otherwise fail to comply with the contract.

12. Complaints

  1. The Customer has the right to submit a complaint if an Order is incorrect, incomplete, damaged or otherwise does not comply with the contract.
  2. Complaints should be submitted as soon as reasonably possible after receiving or collecting the Order.
  3. The Customer should provide, where possible:
    • Order number;
    • Date and time of the Order;
    • Description of the problem;
    • Contact information;
    • Photographs or other evidence where relevant.
  4. Complaints may be submitted by contacting the Restaurant using the contact details provided on the website.

Telephone: +48 452 670 585

  1. The Restaurant will consider the complaint and provide a response within the period required by applicable law.
  2. Where a consumer complaint is made concerning the lack of conformity of goods with the contract, the Customer retains all statutory rights provided by applicable consumer law.
  3. Depending on the circumstances and applicable law, the Customer may be entitled to an appropriate remedy, which may include correction, replacement, price reduction or refund.

13. Incorrect or Missing Products

  1. If a Product is missing from an Order or a different Product has been supplied, the Customer should contact the Restaurant as soon as possible.
  2. The Restaurant will investigate the matter and, where the complaint is justified, provide an appropriate remedy in accordance with applicable law.
  3. Customers should retain the Order confirmation and, where appropriate, photographs of the received Order to assist with the investigation.

14. Minimum Order Value and Delivery Charges

  1. If a minimum order value applies to a particular delivery area or ordering method, the applicable minimum will be displayed during the ordering process.
  2. Delivery charges, where applicable, will be shown before the Order is finally submitted.
  3. The Customer will be able to see the total amount payable before confirming the Order.
  4. The Restaurant may change delivery charges or minimum order values in the future. Such changes will not affect an Order that has already been accepted.

15. Availability and Temporary Service Interruptions

  1. The Restaurant makes reasonable efforts to keep the online ordering service available.
  2. Temporary interruptions may occur due to:
    • Technical maintenance;
    • Internet or hosting problems;
    • Payment provider interruptions;
    • System failures;
    • Power failures;
    • Other circumstances beyond the Restaurant’s reasonable control.
  3. The Restaurant may temporarily suspend online ordering where necessary for operational, technical or safety reasons.
  4. The Restaurant will make reasonable efforts to restore the service as soon as possible.

16. Customer Responsibilities

The Customer agrees to:

  1. Provide accurate personal and contact information.
  2. Provide a valid telephone number.
  3. Provide an accurate delivery address where delivery is selected.
  4. Check the Order carefully before confirmation.
  5. Pay the amount due for the Order.
  6. Be available to receive a delivery where delivery has been selected.
  7. Collect a pickup Order within a reasonable period.
  8. Not use the online ordering system for fraudulent, unlawful or abusive purposes.

17. Allergens and Food Intolerances

The Restaurant takes food allergies and intolerances seriously.

However, food is prepared in a professional restaurant kitchen where different ingredients are handled.

If you have a food allergy or intolerance, please contact us before placing your Order so that we can provide the relevant information available to us.

Telephone: +48 452 670 585

Customers should not rely solely on photographs, menu descriptions or assumptions when determining whether a dish is suitable for a particular allergy or intolerance.

18. Personal Data

Personal data provided during the ordering process is processed for purposes including:

  • Processing and fulfilling Orders;
  • Arranging delivery or pickup;
  • Processing payments;
  • Communicating with Customers;
  • Handling complaints;
  • Fulfilling legal and accounting obligations;
  • Protecting the security of the ordering service.

Detailed information concerning the processing of personal data is provided in the Privacy Policy available on the website.

The provision of information necessary to process an Order is required to fulfil the Order.

19. Intellectual Property

  1. The content available through the online ordering website, including text, photographs, graphics, logos, designs and other materials, may be protected by copyright or other intellectual property rights.
  2. Unless otherwise permitted by law, the content may not be copied, reproduced, modified, distributed or commercially used without appropriate authorisation.
  3. The Smak Curry name and logo may be protected by applicable intellectual property rights.

20. Changes to the Terms and Conditions

  1. The Restaurant may amend these Terms and Conditions where necessary, including due to:
    • Changes in applicable legislation;
    • Changes to the ordering system;
    • Changes to payment methods;
    • Changes to delivery or pickup arrangements;
    • Changes to the Restaurant’s services.
  2. Changes will not affect Orders already accepted before the changes came into effect.
  3. The current version of the Terms and Conditions will be made available on the online ordering website.
  4. The effective date of the current version will be stated at the beginning of this document.

21. Applicable Law

  1. These Terms and Conditions are governed by the laws of the Republic of Poland.
  2. Nothing in these Terms and Conditions limits the mandatory rights granted to consumers under applicable Polish or European Union law.
  3. Any disputes will be resolved by the competent courts in accordance with applicable law.
  4. Consumers may also have access to applicable out-of-court dispute resolution mechanisms and consumer assistance services provided under Polish and European Union law.

22. Final Provisions

  1. These Terms and Conditions apply to Orders placed through order.smakcurry.pl.
  2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in force to the extent permitted by law.
  3. In matters not covered by these Terms and Conditions, applicable provisions of Polish law shall apply.
  4. The Restaurant reserves the right to discontinue or modify particular online ordering functionalities where necessary, without affecting Orders already accepted.

Seller’s Contact Details

ENESSO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Smak Curry – Kuchnia Indyjska

KRS: 0001202377
NIP: 9512633173
REGON: 543106005

Registered office:
ul. Wawrzyńca Surowieckiego 8, lok. 801
02-785 Warszawa
Poland

Telephone: +48 452 670 585

Online ordering:
order.smakcurry.pl