Terms of use

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.

  • Section 1: Introduction
  • We are Momma’s Kitchen, https://www.mommaskitchen.com/ a brand of http://www.arcwebsmac.com, unless otherwise stated.
  • Section 2: Definitions
  • 2.1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
  • 2.2. "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data;
  • 2.3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Momma’s Kitchen;
  • 2.4. "we", "us", "our", and "Momma’s Kitchen" are references to the Company;
  • 2.5. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
  • 2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
  • 2.7. “Participating Vendor” is a third party, either a Vendor or a homebased housewife, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
  • 2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which are provided by our Participating Vendors and us respectively and for delivery of which we take full responsibility; and
  • 2.9. "Website" is a reference to our Website https://www.mommaskitchen.com or our mobile applications on which we offer our Goods or Services.
  • Section 3: Ordering
  • 3.1. Any contract for the supply of Food Delivery from this Website is between you and the Participating Vendor; for the supply of Goods or Services from this Website any contact is between you and Momma’s Kitchen. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
  • 3.2. Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
  • 3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
  • 3.4. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
  • 3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
  • 3.6. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Vendor. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Vendor will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
  • 3.7. If the ordered Food Delivery and delivery capacity is available, the Participating Vendor will accept the contract and confirm it to Momma’s Kitchen. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS).
  • 3.8. In the case that Goods offered by Momma's Kitchen were ordered, Momma's Kitchen will confirm availability together with or separately from Food Delivery.
  • 3.9. The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Vendor and confirm the price of the Food Delivery, Goods and Services ordered.
  • 3.10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
  • Section 4: Payment Terms
  • 4.1. Any contract for the supply of Food Delivery from this Website is between you and the Participating Vendor; for the supply of Goods or Services from this Website any contact is between you and Momma's Kitchen. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
  • 4.2. All prices listed on the Website are correct at the time of publication and have been input as received by the Vendor; While we give great care to keep them up to date, the final price charged to you by the Vendor can change at the time of delivery based on the latest menu and prices of the Vendor. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing Vendors, Goods or Services.
  • 4.3. All prices listed on the Website for Food Delivery by the Participating Vendor reflect the price the Participating Vendor charges at the time of listing. In case the price listed is not current and the Vendor informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
  • 4.4. All prices for delivery by Momma's Kitchen or a third party provider assigned by Momma's Kitchen listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
  • 4.5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
  • 4.6. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
  • 4.7. The prices reflected on the website/mobile application/email are determined solely by the Participating Vendor and informed to Momma's Kitchen at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating Vendor.
  • 4.8. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Vendor and Momma's Kitchen is merely collecting the same on behalf of such Participating Vendor.
  • 4.9. The entire amount of applicable taxes collected by Momma's Kitchen is directly remitted as it is to Participating Vendors and Momma's Kitchen does not retain any amounts thereof
  • 4.10. Momma's Kitchen is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Vendor. Momma's Kitchen holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Vendor.
  • 4.11. The prices reflected on the website/mobile application are determined solely by the Participating Vendor and informed to Momma's Kitchen at the time of listing. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating Vendor.
  • 4.12. The transaction of sale of food or food items is between Participating Vendor and the customer, and accordingly, Momma's Kitchen is not liable to charge or deposit any taxes applicable on such transaction
  • 4.13. The final tax invoice will be issued by the Participating Vendor and delivered to the customer along with the order
  • Section 5: Delivery
  • 5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
  • 5.2. If delivery is done by the Participating Vendor, it is the Participating Vendors sole responsibility to provide Food Delivery in a timely manner.
  • 5.3. In the case delivery is done by Momma's Kitchen, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by Momma's Kitchen in either case.
  • 5.4. All orders are delivered by a reputable courier. We and the Participating Vendor will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the Participating Vendor first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
  • 5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by Momma's Kitchen.
  • 5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
  • 5.7. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
  • 5.8. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
  • 5.9. Participating Vendors, who will prepare your order, aim
  • 5.9.1. to deliver the product to you at the place of delivery requested by you in your order;
  • 5.9.2. to deliver within the time confirmed by the Vendor;
  • 5.9.3. to inform you if they expect that they are unable to meet the estimated delivery time.
  • 5.10. Participating Vendors and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
  • 5.11. Please note that it might not be possible for Participating Vendors to deliver to some locations. If this is the case, our Participating Vendors or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;