Terms of Sale

Orders

Availability

In-stock items generally ship in 1-2 business days. For items shipping from the manufacturer, estimated processing times are listed on the item’s page. If we do not have enough stock on hand to fulfill your order, we will send you an email notification within 24 business hours. If you have a time constraint on your order, please respond to that email so that our team can work on a solution for you.

Cancellation by Webstaurant

We reserve the right to cancel any order, refund, credit, or reshipment at our discretion without notice. WebstaurantStore also reserves the right to refuse service, terminate accounts, and terminate your rights to use WebstaurantStore's website, mobile website, or mobile application services (“Services”). If we do so, we will not provide any type of reimbursement for termination related to conduct that we determine, in our discretion, violates our policies or any applicable law, involves fraud or misuse of the WebstaurantStore Services, or is harmful to our interests or another user.

Cancelling an Order

Similarly, once an order is placed, we cannot guarantee that it can be cancelled. If you wish to cancel an order, please contact us as soon as possible. A cancellation and/or restocking fee may be deducted from your Refund Credit to cover the cost of cancelling the items and/or processing the items back into stock. This fee could be up to 50% of the item(s)’ cost. Customized products are non-modifiable, non-cancellable, and non-returnable.

Installation Location

The installation service will be provided by a WebstaurantStore-certified service partner, and is available throughout the United States to commercial locations only. Installation is only available for new or replacement units at existing facilities. We are unable to complete installation in mobile food trucks and residences.

Installation Time

Installation fees are subject to change based on information provided in the Installation Service Survey, and the assumption that installation will occur during normal business hours of Monday - Friday, 8AM - 5PM. WebstaurantStore will contact you once your order has been placed to finalize your installation service price. Installation services may also add approximately 5-7 business days to the estimated delivery time-frame provided during checkout.

Modifying an Order

Once your order is placed, we cannot guarantee that it can be modified. If you wish to modify your order, please contact us as soon as possible. Customized products are non-modifiable, non-cancellable, and non-returnable.

Online Security

To ensure our customers’ safety online, all orders go through security checks before we start processing them. Please keep this in mind while ordering, as there may be a slight delay before processing for a small percentage of orders. If additional information is needed to help ensure the order’s validity, we will reach out via email.

Order Communication

As an e-commerce company, our primary form of communication is email. All order updates will be sent to the email address used when the order was placed. For this reason, please be sure to provide a valid email address when placing your order.

Pre-Installation On-Site Survey

If the on-site survey prior to installation is selected for the Installation Service, WebstaurantStore will cover extra fees that occur the day of installation that result in the installation not being successful. WebstaurantStore will only cover these fees if the issues causing an unsuccessful installation were not caught during the on-site survey. If the on-site survey identifies any issues prior to installation that result in additional charges, it will be your responsibility to pay. Our service provider may not require this service for all items, but it may be required if the unit must be taken up / downstairs. Additionally, should you choose to cancel an order that includes the purchase of Full-Service installation, you will still be charged the cost of the site survey that is included in the installation fee. Once the order has been placed, we will contact you via email if any issue related to this should arise.

Price Changes and Updates

Pricing on our Services is listed at the wholesale level and updated in real time. Product pages will list known and impending manufacturers' price increases. Unfortunately, this information is not always given to us by our manufacturers in advance of the effective date. For pending alternate payment / not fully paid orders, we reserve the right to apply manufacturers’ price increases to the order amount. If we receive notice of a manufacturers’ price increase on an unpaid order, we will contact you to inform you of the increased price, the additional payment required on the order, and the due date for that payment. Should you not provide the additional payment required on the order, we will cancel the order and refund the payment or issue a Refund Credit. In order to ensure that you receive the most accurate pricing on your order, we recommend that you pay in full prior to the effective date of the increase.

All prices are subject to change without notice. In the rare event that a product is listed at an incorrect price due to a Services’ error, WebstaurantStore will resolve the discrepancy, at our discretion, on all orders placed for the product listed at the incorrect price. This resolution may involve coming to an agreed upon price with the customer or a cancellation of the order, resulting in a full refund.

Receipt of Incorrect Product

If you believe you received the incorrect product, please keep the item(s) unused and in the original packaging and reach out to our Customer Solutions team. They will work with you to reship the correct item or offer a refund. We may require a picture of the incorrect product you received and will cover the cost of return shipping for that item.

Resolution of Disputes

You agree that any disputes and claims related to or arising from these Conditions of Use and/or your use of this website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the Commonwealth of Pennsylvania, instead of in court. An exception is that you may assert claims in small claims court, if your claims qualify.

There is no judge or jury in arbitration, and court review or appeal of an arbitration award is very limited. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms found in WebstaurantStore’s conditions of use just like a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

To begin an arbitration proceeding, you must file a Demand for Arbitration with the AAA, according to the AAA’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, WebstaurantStore will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Laws

These Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of law provisions.

Text Messaging

Registered customers can sign-up for 'Shipment Updates via Text' in their account settings to receive an SMS text message when packages are out for delivery, delivered or encounter a problem. Text messages will be sent for all packages shipped after you complete the sign-up process. This service may not be available and/or may not include tracking for packages that are shipped directly from one of our manufacturers. Text messages may also be sent when there is an urgent need for information to continue to process your order. These situations could include (but are not limited to):

  • Payment processing errors
  • Expedited order delays
  • Confirmation of order details
  • Delivery requirements

Text frequency based on user orders. Message and data rates may apply. Customers may opt-out at any time by sending STOP to (717)288-7303 or unsubscribing in their account settings. (Note: if you texted STOP but would like to restart, text START, and make sure your number below is correct.) Responses are unable to be received via text.

Our participating carriers include (but are not limited to): AT&T, Sprint PCS, Metro PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.

Payment Methods

Accepted Credit Cards (Preferred Method)

All orders must be placed online through our checkout process. We accept all major credit cards including Master Card, Visa, American Express, and Discover. We are able to accept most prepaid credit cards as long as the card has been registered with a billing address. Only a single credit card may be used to process the order.

Alternative Payments (Check, Money Order, ACH, Wire Transfer)

We accept check, money order, ACH, and wire transfers for orders with an order total of $500.00 or greater. The order will be placed on hold until payment has been received.

Once payment is cleared, the order will be released to process for shipment. Personal checks are processed on Tuesdays and Fridays and will be held for 5 business days from when they are processed while they clear. All other alternative payment orders will be released as soon as the payment is received, with a minimum of 1 business day delay to receive payment.

Charges and Authorizations

Your card will be charged in full once the first item(s) on your order ship or 6 days after the date your order is placed, whichever occurs first. When you place an order using our Services, an authorization is placed on your bank account for the amount of your order. An authorization is a communication from your bank to our payment system letting us know your card is valid and the required funds are available. These authorizations may show as “pending” on your bank statement until the funds are captured. Once the card is charged for the order, the authorization will drop off from your bank statement, typically within 1-2 business days.

Credit and debit card providers differ in how long they will hold an authorization for a pending transaction. If your order has an extended lead time, a member of our Payments team may reach out requesting to charge the card in advance to avoid losing the authorization. Authorizations and/or pending transactions will hold these funds on your bank account, which can result in overdraft fees. WebstaurantStore assumes no liability for fees in the event of such an overdraft.

Currency

All pricing is listed in US Dollars ($) on the website. When ordering outside of the United States, the funds captured for an order will be converted to the local currency of the ordering country on your credit card statement. The rate of exchange is locked in when your order ships, not when the order is placed. Credit card companies may also charge a currency conversion fee. Please contact your card issuer for further details.

Financing

We offer financing through a third party, Credit Key, who offers traditional financing and pay in 4 options. If your order was placed using Credit Key, the shipping address cannot be changed. If you are looking to lease with an outside leasing company other than Credit Key, please contact our Payments department at [email protected]. Please see our Support Page for frequently asked questions about this payment method.

Purchase Orders

We are unable to accept Purchase Orders as a form of payment since we update our pricing in real time and do not rely on quoted prices. All orders must be placed online and paid for in full at the time of purchase.

Sales Tax

Sales tax will be charged on orders shipping to the states of Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, and Wyoming. If you are tax-exempt and shipping to one of these states, visit your My Account page and select Upload Tax Exempt Form to upload your exemption form for review.

Privacy Policy

Last Updated on: June 18, 2024

The Webstaurant Store, LLC, Clark Core Services, LLC, and its associated companies (collectively “Clark Associates,” “Company,” “we,” or “us”) respect your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you and our practices for collecting, maintaining, protecting, using, and disclosing that information.

This policy applies to information that we collect:

  • Through our Websites or our affiliated or related entities’ Websites (collectively “Website”). The Websites include but are not limited to the following websites, in addition to our other affiliates’ websites and brand websites: www.clarkassociatesinc.biz; www.webstaurantstore.com; www.noblechemical.com; www.clarknationalaccounts.com; and www.therestaurantstore.com.

  • In email, text, chat, and other electronic messages between you and the Website.

  • In person, over the phone, in writing, or through the mail.

  • Through mobile and desktop applications you download from the Website.

  • When you interact with our advertising and applications on/through third-party websites and services (if those applications or advertising include links to this policy).

  • From our related companies, including but not limited to Noble Chemical, LLC, The Restaurant Store, LLC, Clark Pro, LLC, and Clark National Accounts, LLC.

  • From any employees, job applicants, and independent contractors who are residents of California.

  • From individuals who are residents of California and with whom we have a business-to-business (“B2B”) relationship.

It does not apply to information collected by:

  • Any third party, including through any application or content, including advertising, that may link to or be accessible from or on the Website.

  • Us pertaining to employees, job applicants, or independent contractors located outside of California.

  • Us about entities or individuals with whom we only have a B2B relationship and who are not residents of California.


Please read this policy carefully to understand our policies regarding our collection, treatment, and use of your information. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using the Website, you accept and agree to be bound and abide by this Privacy Policy and Terms of Use. You should periodically review this privacy policy because it may change from time to time. By continuing to use the Website, you agree to be bound by such changes.

Information we may collect about you
We collect several types of information from and about users of our Website, including information:

  • That personally identifies you in particular, or that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”), such as name, mailing address, email address, telephone number, employer, and job title. Personal information also includes sensitive personal information but does not include publicly available information from government records or de-identified or aggregated consumer information.

  • That is about you but (individually) does not identify you.

  • About your internet connection, the equipment you use to access our Website, and usage details (such as the pages of the Website you visit, the time of your visit, and the time spent on those pages).

How we collect information
We collect this information:

  • Directly from you (for example, from forms you complete or products and services that you purchase).

  • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  • From our affiliated or related entities, including but not limited to Noble Chemical, LLC, The Restaurant Store, LLC, Clark Pro, LLC, and Clark National Accounts, LLC.

Information you provide to us
The information you provide to us may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service(s), posting material, or requesting further services (including information supplied on lead generation forms found on our Website). We may also ask you for information when you enter a contest or promotion sponsored by us, when you apply for a scholarship or other similar opportunity, or when you report a problem with our Website.

  • Documents that you upload or send to us as part of scholarship or other (non-employment) programs to which you are applying, including biography narratives, personal and professional essays, and photographs.

  • Records and copies of your correspondence (including email addresses) if you contact us.

  • Your responses to surveys that we may ask you to complete for research purposes.

  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may also be required to provide financial information before placing an order through our Website.

  • Your search queries on the Website.


You may also provide information to be published or displayed (“posted”) on public areas of the Website or transmitted to other users of the Website or third parties (“user contributions”). Your user contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users on the Website with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.

Information we collect through automatic data collection technologies

As you navigate and interact with our Website, we (and third-party companies we work with) may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data (including the site you access the Website from), location data, logs, and other communication data and the resources that you access and use on the Website.

  • Information about your device (including any mobile device), computer, and internet connection, including model, brand, device date, IP address, operating system, mobile network, and browser type.


We may also use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically includes Personal Information. It helps us improve our Website and deliver a better, more personalized service to you by enabling us to:

  • Estimate our audience size and usage patterns.


  • Store information about your preferences, allowing us to customize our Website according to your individual interests.


  • Speed up your searches.


  • Recognize you when you return to our Website.


  • Allow third parties to provide analytics and advertising services and serve advertisements on our behalf across the Internet and in mobile applications.


The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Flash cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

  • Web beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

  • Advertising and marketing pixels. We use advertising and marketing pixels for remarketing and conversion tracking purposes. The specific pixels and/or tags that we may use include but are not necessarily limited to: Meta Ads Pixel, Google Ads Tag, TikTok Pixel, Customer.io Pixel, and Pinterest Tags.

  • Google Analytics. We use Google Analytics to optimize our Website based on the traffic we receive and assist with marketing. To learn more about Google Analytics, including options for opting out and/or managing the ads you may see online, please visit: google.com/policies/privacy/partners. Additional information regarding online advertising is available at: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options. To learn more about targeted advertising and the choices available to you, visit Webchoices: Digital Advertising Alliance’s Consumer Choice Tool for Web US.


Categories of personal information collected in the past 12 months

The tables below show the categories of personal information and sensitive personal information that we have collected in the past 12 months. Please note that while examples are listed for each category, we do not necessarily collect each of those examples listed.

Personal Information Category Examples Collected Retention Period
Identifiers Real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. Yes 10 Years or Up to account deletion
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information in this category may overlap with other categories.

Yes 10 Years or Up to account deletion
Protected classification characteristics under California or federal law Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Yes 10 Years or Up to account deletion
Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes 10 Years or Up to account deletion
Biometric Information Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. No N/A
Internet or other similar network activity Browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement Yes 10 Years or Up to account deletion
Geolocation data Physical location or movements. No N/A
Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. No N/A
Professional or employment-related information Current or past job history or performance evaluations. Yes 10 Years or Up to account deletion
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Yes 10 Years or Up to account deletion
Inferences drawn from other personal information A profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes 10 Years or Up to account deletion

In the course of providing our products, programs, services, or our Website to you, we may collect certain sensitive personal information about you. In the past 12 months, we have collected the categories of sensitive personal information shown in the table below.

Sensitive Personal Information Category Collected Retention Period
Government identifiers (social security, driver's license, state identification card, or passport number) No N/A
Complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password) Yes Up to account deletion
Precise geolocation No N/A
Racial or ethnic origin Yes 10 Years or Up to account deletion
Religious or philosophical beliefs No N/A
Union membership No N/A
Genetic data No N/A
Mail, email, or text messages contents not directed to us No N/A
Unique identifying biometric information No N/A
Health, sex life, or sexual orientation information No N/A

We will not retain your personal information or sensitive personal information for longer than is reasonably necessary for each disclosed collection and use purpose.

Third party use of cookies and other tracking technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including any personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you could contact the responsible provider directly.

How we use your information

We use information that we collect about you or that you provide to us, including personal information:

  • To present our Website and its contents to you.

  • To provide you with information, products, or services that you request from us.

  • To process your scholarship application.

  • To fulfill any other purpose for which you provide it.

  • To provide you with notices about your account.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or any products or services we offer or provide through it.

  • To provide you with recommended products or services.

  • To connect you with third-party commercial brands and suppliers, with your consent.

  • To allow you to participate in interactive features on the Website.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may use your personal information to develop co-branded products and services with our third-party business partners and market those products and services to you.

We use chatbots to help provide customer service and support, including through the use of a virtual assistant. A chatbot is a software application that mimics human conversations in text or voice interactions on our website or through our customer service hotline. It enables the communication between a human and a machine, which can take the form of messages or voice commands. The chatbot is designed to work without the assistance of a human operator. It responds to questions posed to it in natural language as if it were a real person using a combination of pre-programmed scripts and machine learning algorithms. When asked a question, the chatbot will answer using the knowledge database that is currently available to it. If the conversation introduces a concept it isn’t programmed to understand; it will pass it to a human operator. If you use our chatbot service, we will collect any personal information you provide to us. We will also create and store a transcript of your chat interaction with us which will then be shared with and stored by our third-party service provider. We use these transcripts and the information you provide for quality control, customer service, marketing, fraud prevention and security.

Disclosure of your information

We may disclose aggregated information about our users and information that does not identify any individual without restriction. We also may disclose granular, personal information we collect or you provide:

  • To our subsidiaries, affiliates, and related companies, including but not limited to Noble Chemical, LLC, The Restaurant Store, LLC, Clark Pro, LLC, and Clark National Accounts, LLC.

  • To our contractors, service providers, and other third parties we use to support our business, including payment processors, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Clark Associates’ assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Clark Associates about our Website users is among the assets transferred.

  • To our third-party business partners to develop co-branded products and services to and market them to you.

  • To third parties to market their products or services to you (or to help us market our product and services to you) if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for these purposes for which we disclose it to them.

  • With third parties, such as your college, university, or other educational institute when necessary to confirm your enrollment status, area of study or major, and scholarship or financial aid requirements (and with your consent, when required).

  • Publicly for marketing and advertising materials, if you are the winner or recipient of a scholarship or other award offered by Clark Associates. The information we may disclose includes name, photograph, and other biographical (including racial and/or ethnic origin), educational, and/or employment information.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.


We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Clark Associates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Categories of personal information shared or sold in the past 12 months

We may share your personal information or sensitive personal information by disclosing it to a third party for a business purpose. In some circumstances we may “sell” your personal information as that term is defined under certain state privacy laws, including the California Consumer Privacy Act or the California Privacy Rights Act. In the past 12 months we have disclosed or sold the categories of personal information shown in the table below.

Personal Information Category Categories of Third-Party Recipients
Business Purpose Disclosures Sales
Identifiers Subsidiaries and Affiliates, Service Providers, Data Analytics Providers, Third-Party Business Partners, Public (limited and as relevant to scholarship and award recipients) Data Analytics Providers, Third-Party Business Partners, Third-Party Commercial Brands and Suppliers
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Subsidiaries and Affiliates, Service Providers, Third- Party Business Partners, Public (limited and as relevant to scholarship and award recipients) Third-Party Commercial Brands and Suppliers, Third-Party Business Partners
Protected classification characteristics under California or federal law Subsidiaries and Affiliates, Service Providers, Public (limited and as relevant to scholarship and award recipients) None
Commercial information Subsidiaries and Affiliates, Service Providers, Third-Party Business Partners Third-Party Commercial Brands and Suppliers, Third-Party Business Partners
Internet or other similar network activity Subsidiaries and Affiliates, Service Providers, Data Analytics Providers, Advertising Networks Data Analytics Providers, Advertising Networks
Geolocation data Subsidiaries and Affiliates, Service Providers None
Professional or employment-related information Subsidiaries and Affiliates, Service Providers, Public (limited and as relevant to scholarship and award recipients) None
Non-public education information Subsidiaries and Affiliates, Service Providers, Public (limited and as relevant to scholarship and award recipients) None
Inferences drawn from other personal information Subsidiaries and Affiliates, Service Providers None
Complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password) Service Providers None
Racial or ethnic origin Subsidiaries and Affiliates, Service Providers, Public (limited and as relevant to scholarship and award recipients) None


Choices about how we use and disclose your information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking technologies and advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.

  • Third-party advertising. We use remarketing services to advertise on third-party websites to you after you have visited our Website. We and our third-party vendors use cookies (either alone or in conjunction with web beacons or other tracking technologies) to collect information about you to inform, optimize, and serve ads based on your past visits to our Website. This collected information may be associated with your personal information and may also be about your online activities over time and across different websites and other online services.

  • Promotional offers from the Company. If you do not wish to have your information used by the Company to promote our own or third parties’ products or services, you can opt-out by emailing: [email protected]. If we have sent you a promotional email, you may send us a return email, asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.

  • Targeted advertising. We may also disclose your personal information to third parties to market their products and services to you. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertiser’s target-audiences preferences, you can opt-out by emailing: [email protected]. For this opt-out to function, you must have your browser set to accept all browser cookies.

  • Payment processing. We may provide paid products and/or services within the Website. In that case, we use third-party services for payment processing (“payment processors”). We do not store your payment card details. Payment information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

  • We do not control third parties’ collection or use of your information to serve interest-based advertising. If you have any questions about an advertisement or other targeted content, including how to opt-out of receiving targeted advertising from these vendors, you should contact the responsible provider directly.


You may also opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Website analytics services

We use certain analytics services, such as Google Analytics, to gather information about our site visits. Learn more about Google Analytics, including opting out of Google Analytics..

Accessing and correcting your information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. If you have an account connected with the Website, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your user contributions from the Website, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users.

Residents of certain states may have additional personal information rights and choices. For more information, see below.

Our policy on “do not track” signals

You may be able to configure your device or browser to automatically communicate your preference to opt out of the sale and transfer of your personal information. We will recognize signals communicated to us that are in a commonly used and recognized format, and we will apply your preferences to your browser or device. If you have an account with us and are logged into your account when we receive your “do not track” signal, we will apply your preference to your account settings.

CCPA Notice

Privacy Notice for California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “California Privacy Law”), as well as other state consumer privacy laws, provide their residents with additional rights regarding our use of their personal information. These rights are described below.

The Right to Know and to Confirm, and the Right to Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know” and the “right to confirm”). Once we receive your request and confirm your identity, we will disclose to you:

  • The categories of personal information that we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a “data portability” request).


The Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another individual to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with specific laws, such as the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

The Right to Correct Inaccurate Information

You have the right to correct any inaccurate personal information about you that we have in our possession (the “right to correct”). Once we receive your request and confirm your identity, we will disclose to you the specific pieces of personal information that we have collected about you. You will then have the opportunity to direct us to correct the pieces of information which you believe are inaccurate.

We may deny your request to correct if we believe the updated information is incorrect or is being used for any fraudulent or deceptive purpose.

The Right to Restrict Sensitive Personal Information Processing

You have the right to restrict our processing of your sensitive personal information (the “right to restrict”). Once we receive your request and verify your identity, we will cease the processing of your sensitive personal information for the purpose of inferring characteristics about you. Please note that we may continue to process your sensitive personal information for other purposes consistent with this privacy policy.

The Right to Opt Out of the Processing and Sale of Personal Information

You have the right to direct us to not process your personal information for targeted advertising and to not sell your personal information at any time (the "right to opt-out"). Once we receive your request, we will no longer use or process your personal information for the purpose of providing targeted advertising to you based on your activity and interests. We will also no longer sell (as that term is defined by relevant and applicable state law) your personal information to third parties for targeted advertising purposes.

The Right to Opt Out of the Sharing of Personal Information for Cross-Contextual Behavioral Advertising

You have the right to opt out of the sharing of your personal information with third parties for cross-contextual behavioral advertising. Once we receive your request, we will no longer use or process your personal information for the purpose of advertising to you based on your individual activity.

The Right to Opt Out of Profiling

You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects to you. Once we receive your request, we will no longer use or process your personal information for making decisions that produce a legal or similarly significant effect to you.

The Right to Be Free from Discrimination

We will not discriminate against you for exercising any of your rights under applicable state privacy law. Unless permitted by state law, we will not:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you with a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by state privacy law that can result in different prices, rates, or quality levels. Any legally permitted financial incentive we offer will reasonably relate to your personal information’s value and will contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Exercising your rights

To exercise your rights described in this privacy policy, you may submit a request to us by:

Only you or someone legally authorized to act on your behalf may make a request related to your personal information. You may also make a request on behalf of your child. You may only submit a request twice within a 12-month period.

We may not require you to provide additional personal information to verify your identity for opt-out requests. However, to process other requests, we may require you to:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
    • Providing at least three (3) pieces of information that match the information we have about you.
    • Providing a signed declaration, under penalty of perjury, that you are the individual about whom you have submitted the request, or that you are legally authorized to submit the request on the individual’s behalf.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

  • We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

    You do not need to create an account with us to submit a request. We will only use the personal information provided in the request to verify the requestor’s identity or authority to make it.

    You may appeal a decision concerning your privacy rights by emailing us at [email protected] or by writing us at Clark Core Services, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602.

    Response timing and format


    We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email [email protected] or call 1-800-521-1035.

    We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

    If you have an account with us, we may deliver our written response to that account. Alternatively, or if you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

    Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    Other California privacy rights


    California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: Clark Core Services, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602.

    If you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our Website. Please note that fulfilment of the request may not ensure complete or comprehensive removal (for example, copies may remain viewable in cached and archived pages or might have been copied and stored by other Website users). To request removal of content or information, send an email to [email protected]

    Data security


    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and you acknowledge and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Website’s features), that individual will have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

    Transfer of data


    Your personal information may be transferred and maintained on computers located outside of your state, province, country, or other jurisdiction where the data protection laws may differ. If you are located outside of the United States and choose to provide information to us, note that we transfer the data, including, but not limited to, personal information, to the United States and process it there. Your use of the Website and submission of such information represents your consent to our Terms of Use, Privacy Policy, and transfer of personal information. The Company will take reasonable steps to ensure your personal data is treated securely and is not transferred to an organization or country unless there are reasonable security controls in place.

    Children under the age of 16


    Our Website is not intended for children under the age of 16. No one under the age of 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information this Website or through any of its features, register on the Website, make any purchases through the Website, use any interactive or public comment features on the Website, or provide any information about yourself to us, including, but not limited to, your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at: [email protected]. California residents under 16 may have additional rights regarding the collection and sale of their personal information.

    Changes to the Privacy Policy


    We will post any changes that we make to our Privacy Policy on this page. If we make material changes on how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through notice on the Website homepage. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you and for periodically visiting our Website, Privacy Policy, and Terms of Use to check for any changes. Changes to the Privacy Policy, and Terms of Use are effective upon posting to the Website.

    Comments and concerns


    All questions or comments about this privacy and our privacy practices should be directed to: [email protected] or (717) 392-7550. You may also contact us using our available at https://www.clarkassociatesinc.biz/contact/.

Product Policies

Best By Date Policy

Our shelf stable food and beverage products are designed for commercial use, and would typically be shipped 1-3 months before the best by date. Due to shorter shelf life upon manufacturing, our frozen and refrigerated products should have at least 4 days left before their best by date upon delivery. The exact remaining suggested shelf life will vary by item due to the nature of each product.

Content Policy

The information provided through the Services does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on the Services may not constitute the most up-to-date legal or other information. Laws change regularly, thus, readers of this site should be familiar with the applicable state laws and restrictions. Also, please note that state and local health and safety codes vary. You are responsible for confirming that any items you intend to purchase comply with any such applicable codes. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The site content is provided "as is;" no representations are made that the content is error-free.

Customizable Products

Select products on our site are able to be customized and are designated by a special banner on their page. You can also see a full list of customizable products at our Customizable Supplies page. These products typically have order minimums, extended lead times, and fees associated with them. Sales, discounts, and promos do not apply to customized products. Customized products are non-modifiable, non-cancellable, and non-returnable.

Certain manufacturers of our customizable products have an over or under run policy of up to 25% of the customizable product quantity ordered. This policy means that the final quantity of customizable products delivered to you may be either 25% over or under the quantity of customizable products that you ordered.

If there is an under run on the quantity of items that you receive from a customizable products order, your original form of payment will be credited the proportional amount of the under run at the time the order is shipped. If your payment was made using wire, ACH, or check, your refund will be in the form of a Refund Credit. See Refund Credits for terms and restrictions here. If there is an over run on the quantity of items that you receive from a customizable products order, your original form of payment will be charged the proportional amount of the over run at the time the order is shipped. If you have any questions about whether a certain customizable product is subject to an over or under run policy prior to placing an order, please contact [email protected]. Otherwise, our Custom Quote team will be in contact with you after an order is placed to advise you of any over or under run policy applicable to your customizable product.

By placing a customizable product order on the Website, you give us the express authority to charge your original form of payment for any overrun of customizable product that you receive as long as the overrun is equal to or less than 25% of the customizable product quantity ordered.

Equipment Parts

Compatible Models are listed as applicable and kept as accurate and up-to-date as possible. If you have any questions or concerns, feel free to contact a Customer Solutions Specialist before placing your order.

Equivalent Items Equivalent items and any associated illustrations or descriptions are presented for your reference. These are items which, based on available manufacturer information, are suitable replacements for the stated original item. These equivalent items are not necessarily authorized, sponsored, or endorsed by the manufacturer of the stated item, or by the manufacturers of equipment compatible with the stated item; any OEM names mentioned are registered trademarks.

Generic / Unbranded Items

Some of our lowest priced items are listed as generic. In other words, we do not have a specific vendor name associated with the product. The product is sourced from a variety of vendors according to price and availability so we may both quickly and fairly accommodate your needs. We do our best in updating our site with any changes in the products and there may be instances where there is a slight variance in the look and feel of the product due to a change in vendors. However, the intended application of the product will remain the same. If you find that this is not the case, please contact our Customer Solutions team immediately and we will look into the issue for you!

Image Color Policy

Our Images Department makes every effort to portray the color of an item as accurately as possible on our Services. However, depending on your device settings, the color of an item may appear different than in person. We cannot guarantee the accuracy of the color displayed on your device.

Certain types of products, such as textiles and fabrics, are subject to dye lot variations inherent to their manufacturing process. If you are trying to match an existing product in your possession, please contact us and we will accommodate your request to the best of our ability.

Image Policy

We try to provide the most accurate images of our products as possible. However, some product images prove difficult or impossible to obtain. In these cases, we will use the closest representative image we can find for the product. These representative, illustrative images may show optional accessories or features, or may be an image of a similar product.

Therefore, we recommend that you carefully read the product description and other related product literature such as Specification Sheets, SDS Sheets, etc., before placing your order. If you have any questions or concerns about a product after reading the description and product literature, please contact us.

Price Matching

At WebstaurantStore we try very hard to always have the lowest prices. If you find a lower price from one of our competitors, including delivery, please bring it to our attention with our ask us form. We will do our best to beat the advertised price.

Proposition 65 Notice for Resellers

If you are reselling any items into the State of California you must provide your customers with an appropriate Proposition 65 warning, if required. You can find a warning for your use on the product detail pages of items that require a warning. More information about Proposition 65 is available at www.p65warnings.ca.gov.

Refund Credits and Promotional Credits

From time to time, you may be eligible to receive Refund Credits or Promotional Credits from us, as described in these Terms. “Refund Credits” are store credits offered instead of cash when an item is returned or exchanged. Refund Credits have no cash value and cannot be redeemed for cash. Refund Credits can be redeemed only for merchandise or services offered online at www.webstaurantstore.com. Additional restrictions may apply.

“Promotional Credits” are credits offered as a gift, marketing incentive, or for customer satisfaction. Promotional Credits have no cash value, cannot be redeemed for cash, are nonrefundable, and are not intended to reimburse any value paid for any goods or services. No consideration is paid for Promotional Credits. Promotional Credits can be redeemed only for merchandise or services offered online at www.webstaurantstore.com. Promotional Credits expire twelve (12) months after issuance. Additional restrictions may apply.

Sales and Coupon Code Policy

Because we are a bulk distributor for food service supplies, we make sure to advertise our lowest prices on our Services, including discounts we receive from our vendors that are passed onto our customers. On occasion we will provide sales and coupon codes to receive further discounts off the original price of the item. To ensure the discount is received for sales, items should be purchased as soon as possible. Coupon codes for items on our Services will have an expiration date associated with them. Coupons and discounts will only be honored on orders that are placed while the coupon/discount is valid. Discounts do not apply to already discounted products and cannot be used in conjunction with other offers. Some coupon codes may only apply to WebstaurantStore Plus Members.

Pricing that is advertised on sources outside of our Services may reflect incorrect prices compared to what we currently offer. The prices on our Services are regularly updated to ensure accurate, real-time pricing; however, search engines and coupon code websites may not always provide the most up-to-date prices. Prices and coupon codes that are not valid will not be honored at checkout.

Samples

WebstaurantStore offers product samples on select Acopa items. For other items, we recommend purchasing a smaller pack size, when available, before committing to a larger order. Sometimes our manufacturers will send out samples of select products to commercial customers. Please contact Customer Solutions to see if a sample request can be sent to the manufacturer for the item(s) you’re interested in.

Warranty Policy

If a warranty is available for an item, the details of the warranty can be found as a downloadable PDF labeled “Warranty” on the item’s page. All warranty claims are handled based on the manufacturer’s warranty policy. For items being used internationally, please confirm if the warranty is valid in your area.

Works With

"Works With" items are products that are guaranteed to work with the item you are viewing, such as lids that will fit a cup or casters that will fit a piece of equipment. If an item is not listed in the "Works With" section on a particular product page, then we do not guarantee that it will work with the product you are viewing and do not recommend that you purchase them for use together. If you have any questions or concerns, feel free to contact a Customer Solutions Specialist before placing your order.

Refund Credit

If your payment was made using an Alternative Payment Method, your refund will be in the form of a Refund Credit. You will also receive a refund in the form of a Refund Credit if we are unable to process a refund to your original payment method (for example, if your credit or debit card has been closed).

Returns Policy

Restocking Fees

A restocking fee will be deducted from your return credit to cover the cost of processing the items back into stock. This fee is 20% of the item(s)' cost for items delivered to commercial locations and 30% for residential locations.

Returns for Commercial and Residential Customers

With a few exceptions, regularly stocked products can be returned within 30 days of receipt as long as the product is unused, undamaged, and in its original packaging. We are unable to accept returns for consumable products and customizable products. Similarly, not all Special Order products or products shipped directly from the manufacturer (“Drop Ship Products”) can be returned. Except for original payments made by wire, check, ACH, or through a leasing agreement (each an “Alternative Payment Method”), a refund will be issued to the original payment method upon receipt and inspection of all the returned products. If your payment was made using an Alternative Payment Method, your refund will be in the form of a Refund Credit. You will also receive a refund in the form of a Refund Credit if we are unable to process a refund to your original payment method (for example, if your credit or debit card has been closed). See Refund Credits for terms and restrictions here. Regardless of the form of refund you receive, shipping charges paid at the time of checkout will not be credited along with the return. Also, an applicable restocking fee will be deducted from the amount due to cover the cost of processing the items back into stock. This fee is 20% of the item(s) cost for orders delivered to commercial locations and 30% for orders delivered to residential locations. You are responsible for the cost of return shipping. This includes any brokerage fees, duties, and taxes for international returns.

Any return requests for Special Order or Drop Ship Products must be issued by our Customer Solutions Specialists. Learn how to create a return.

Returns for Consumable Products

We are unable to accept returned consumable products. This allows us to ensure the products are good to use, untampered with, and have adequate shelf life.

Sales Tax and Exemptions

Sales Tax and Exemption Policy

It is your responsibility to ensure that you/your organization is eligible for tax exemption. If you're unsure, contact a tax professional for advice before you continue.

Please only upload your tax exemption documents if we currently charge tax in the state(s) you plan to ship to. Sales tax will be charged on orders shipping to the states of Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, and Wyoming.

Review the information below carefully. Incomplete or incorrect documents cannot be accepted, and you will be asked to complete the form correctly and in its entirety.

  • We need documentation on file to attach to your account before we can review it for tax exemption. A tax ID number alone will not suffice.
  • You are responsible for providing the correct and completed forms and knowing the rules and responsibilities of making tax-exempt purchases or purchases for resale.
  • The tax exemption team is unable to edit tax documents on your behalf. Any documents requiring additional information will need to be completed by the purchaser. Be sure all information in your documentation is legible. If we cannot read the information on the form, we are unable to accept it.
  • If your account is set up as tax-exempt for all orders shipping to a particular state(s) due to reselling, manufacturing, or another special tax circumstance, please note that all orders placed through the account that ship to that state will automatically have the tax exemption applied. There is not an option to alter which items/orders are eligible/ineligible for exemption at check out. If you plan to place orders that do not qualify for tax exemption, please do so using a non-exempt account.
Note that tax exemption is reviewed for each state individually. This means that if you have a tax exemption form for a specific state it is valid only for orders shipping to that state.
  • Please allow 7-8 business days for our Tax Team to respond via email to your request.
It is your responsibility to ensure that the email address on file with your account is active and the best email to reach you. WebstaurantStore will not assume responsibility for providing tax exemption on applicable orders if we do not receive a reply from you in the event that additional information or documentation is requested.

Shipping Policy

Address Change/Reconsignments

If a shipping address needs to be changed once an order has been processed, carriers will charge a reconsignment fee to update the shipping address.

If an address change is requested, we will contact you via email regarding the amount of the carrier's fee. If we do not receive confirmation regarding the fee and address change, we will leave the address as it was originally entered during the checkout process. If your order was placed using Credit Key, the shipping address cannot be changed.

Please note that if the carrier attempts delivery to the original address and they are unable to deliver, redelivery fees may apply in addition to any reconsignment fees.

Call Before Delivery

By requesting a FREE "Call Before Delivery," the carrier will contact you approximately 24 hours before the estimated arrival of your order to schedule a delivery appointment using the phone number provided at checkout. Selecting this option may add an additional day to your order’s transit time and is only applicable to the item(s) in your order shipping via common carrier. A 4-hour delivery window is typical; this may vary by carrier and shipping destination.

A "Call Before Delivery" is required for residential deliveries and recommended for businesses with irregular hours (deliveries occur Monday through Friday, 8:00 a.m. to 5:00 p.m. "Call Before Delivery" only applies to the item(s) in your order shipping via common carrier.

If the carrier misses the delivery appointment, they will reschedule it. If you are unavailable to accept your delivery during the scheduled appointment, you will be responsible for any redelivery fees owed to the carrier. Additional fees will apply if you require a time-specific delivery in which the typical 4-hour window needs to be shortened or if you cannot accept delivery within a reasonable date of the carrier’s first contact request.

If a delivery is unable to be completed because a "Call Before Delivery" was not selected during checkout, the carrier may charge a redelivery fee in order to reattempt delivery. In these situations, we will contact you via email regarding the fee and charge the card on file if necessary in order to avoid additional fees with the carrier.

Delivery Expectations – Common Carrier

For common carrier deliveries, carriers will typically allocate 15 minutes for the completion of your delivery. Excessive delays during delivery could result in the carrier charging detention fees. Additionally, if you are not able to accept the shipment in a reasonable timeframe and cause the carrier to hold your shipment at their terminal, fees may be applied by the carrier for storage of your shipment. Being prepared for delivery ahead of time will ensure a timely and smooth delivery process. View our Common Carrier Shipments page for more information.

Canadian Shipments

Orders shipped into Canada may incur additional duties, taxes, and other fees to cross the border. These charges will be billed to you directly from the carrier and will not be reflected in our shipping costs at checkout.

Orders shipped via common carrier require a broker to facilitate the import of your items into Canada. If you did not provide your broker’s information during checkout, we will contact you to obtain this before processing your order.

We aim to ship orders to Canada in one shipment, but it is not always possible due to stock levels in our warehouses. If we cannot ship your order in one complete shipment, you will be responsible for any additional brokerage fees.

CARM: CBSA Assessment and Revenue Management Project

The CBSA (Canada Border Services Agency) Assessment and Revenue Management (CARM) project aims to modernize and simplify the collection of duties and taxes for commercial goods imported into Canada. Once implemented, it will provide a modern interface for importing into Canada, give importers self-service access to their information, reduce the cost of importing into Canada, and improve the consistency of compliance with trade rules.

To learn more about CARM, who it affects, and its release date, view the section What is CARM and how will it affect me? on our FAQ page.

Commercial and Residential Shipping Addresses

Commercial carriers will deliver the vast majority of our products to a residential shipping address. If you don’t have an account set up and you operate a business out of your home, you must select "residential" in your shopping cart because the carriers still consider your address residential. If you create an account, our system will automatically select “residential” for your address in this situation.

Commercial Limited Access Addresses

Additional fees may apply if you are shipping to a limited access location, such as a university, prison, military base, or country club.

Damaged/Missing/Lost Items - Common Carrier

If any item or packaging is damaged or missing, or if you have any doubt about possible damage, you MUST do the following:

  • Note it clearly on the delivery receipt before signing
  • Keep your copy of the delivery receipt
  • Contact us within 1 business day
  • Keep the damaged packing materials for inspection
  • Take pictures of the damaged items and packaging

Though our warehouses give great attention to packaging every order for shipment, damage can occur in transit. In the case of damage, we must go to the carrier company to receive reimbursement for these damages. By signing the delivery receipt, you are taking responsibility and ownership for the shipment in the condition noted. If part or all of your shipment is damaged and you did not note this in any way on the delivery receipt, we CANNOT guarantee any compensation for damages. Signing the delivery receipt without noting any damage means that you have received your shipment in acceptable condition.

There are rare occasions where our freight carriers may lose a shipment. In these situations, it’s our highest priority to find your items and we will work with the carrier to do so. Dock checks with the carrier take approximately 3-5 business days to complete. If your shipment is found, we will continue the delivery to your location. If it is deemed lost, we will work with you to provide a satisfactory resolution.

For more information, watch this informative video about Common Carrier Shipments.

Damaged/Missing/Lost items - Ground

Upon receiving your order, please inspect it for any damaged, lost, or missing items. If any part of your order is missing or damaged, please keep the items and packaging and contact us within 5 business days of receipt so we can find a solution for you. We may request pictures of the damage to help with this process.

There are rare occasions where our carriers may lose a shipment. In these situations, it’s our highest priority to find your items and we will work with the carrier to do so. Traces with ground carriers take approximately 1-3 business days to complete. If your shipment is found, we will continue the delivery to your location. If it is deemed lost, we will work with you to provide a satisfactory resolution.

Due to the strict time-frame we have to deliver refrigerated and frozen food items to you in acceptable condition, if an item is damaged or missing, please contact us within 1 business day of your shipment’s original ETA so we can find a solution for you. We may request pictures of the damage and for you to take a picture of the temperature of the item to help with the process.

You are responsible for checking the internal temperatures of refrigerated and frozen products immediately upon delivery to ensure they are received at food-safe temperatures according to the U.S. Department of Agriculture’s (USDA) guidelines. Please contact us within 1 business day of your shipment’s original ETA if you have any concerns about the temperature or conditions of your shipment. Once the shipment is received you are responsible for storing or handling the items properly to maintain food safety.

Delivery Time

Our warehouses strive to have orders processed and ready to ship within 1-2 business days. Most products ship from one of our warehouses within the U.S. However, since some items will be shipped directly from the manufacturer, delivery times may vary. Common carrier deliveries typically range from 1 to 10 business days for delivery, depending on your proximity to the shipping location. Ground shipping can typically take anywhere from 1 to 7 business days. If your delivery time is over a holiday, please add an additional day for delivery. Our warehouses observe the following holidays: Christmas, New Years, Memorial Day, 4th of July, Labor Day and Thanksgiving. Shipping companies may observe additional holidays. All standard ground delivery times and common carrier shipments are estimates and are not guaranteed.

Ground delivery will occur on business days (Monday-Friday) for commercial locations and seven days a week for residential locations. Expedited delivery will only occur on business days, regardless of delivery location type.

If you need your order more quickly, you may select Second Day or Next Day in your shopping cart (availability dependent on your location). These options guarantee that, as long as the items you’re ordering are in stock, the order will be prioritized in our system and arrive by the end of the following business day (Next Day), or the end of the second business day (Second Day). These options are not available for common carrier orders however, some shipping companies offer a dock pick up as an option but is not guaranteed. If it is an option to pick up at the shipping company's dock, please note that the shipping cost remains the same and there is no discounted shipping when a dock pick-up occurs. Inclement weather may cause shipping delays that are not covered by this guarantee.

These orders must be placed before 2:00 p.m. EST to ship same day and are only available for delivery on business days (Monday through Friday). For orders shipping directly from the manufacturer, shipping cutoff times may vary. Next & Second Day orders received after 2:00 p.m. EST will be processed on the following business day.

View Ground delivery estimated days-in-transit map.

View Common Carrier delivery estimated days-in-transit map for KY warehouse.

View Common Carrier delivery estimated days-in-transit map for PA warehouse.

View Common Carrier delivery estimated days-in-transit map for NV warehouse.

View Common Carrier delivery estimated days-in-transit map for MD warehouse.

View Common Carrier delivery estimated days-in-transit map for GA warehouse.

View Common Carrier delivery estimated days-in-transit map for OK warehouse.

Destinations

We primarily ship throughout the U.S. and Canada. We also fulfill small parcel shipments to select countries internationally. We are unable to ship to PO boxes, APO/FPO boxes or Viabox at this time. If you plan to ship to a carrier terminal or store location such as a FedEx or UPS Store, please be aware that carriers will not accept deliveries from one another. If a shipping carrier deems your address inaccessible for delivery, they will make final delivery at the closest shipping terminal or return the shipment to our warehouse. Contact Customer Solutions if you have any questions.

In addition to the United States and Canada, we can ship most items via an international air service to the following countries:

  • Austria
  • Bahamas
  • Bermuda
  • Brazil
  • Canada
  • Colombia
  • Dominican Republic
  • France
  • Germany
  • Guam
  • Hong Kong
  • India
  • Ireland
  • Italy
  • Jamaica
  • Japan
  • Malaysia
  • Mexico
  • Netherlands
  • New Zealand
  • Norway
  • Philippines
  • Puerto Rico
  • Singapore
  • South Africa
  • Spain
  • Sweden
  • Trinidad and Tobago
  • United Kingdom
  • U.S. Virgin Islands


We also ship to U.S. based freight forwarders; however, you are responsible for contacting them to set up an account before placing an order. Freight forwarders will charge additional fees for their services, which are separate from our shipping and handling charges. We are unable to accept and load customer containers directly from our warehouse locations.

Duties, Taxes, and Customs Fees

The WebstaurantStore is a U.S.-based company, therefore duties and taxes will be assessed on any items shipping outside of the United States. Duties and taxes depend on the type of items being shipped, harmonized codes, and the discretion the customs agents have in evaluating these costs. Customs-related fees (i.e. inspection fees, storage fees, warehousing fees, etc.) are the responsibility of the customer and their broker. The charge shown on our website’s shipping calculator will not account for these fees.

Equipment Installation Checklist

To be sure everything goes smoothly when it comes to installing your new equipment, please consult our handy equipment installation checklist at the following link prior to finalizing your order: Equipment Installation Checklist

Freight Forwarders

If your order is being shipped to a U.S. based freight forwarder, all of our Shipping Policies apply when it is received into their warehouse. WebstaurantStore will not be held responsible for any damaged and/or missing items or material differences should the freight forwarder not follow all applicable Shipping and Returns policies, or should such issues occur in shipment from the freight forwarder’s location to the final destination.

When shipping to a freight forwarder that will then facilitate the export of the items outside of the US (routed export transaction), it is your responsibility to determine any export license requirements, to obtain any export license or other official authorization, and to carry out any customs formalities for the export of the goods.

Liftgate

If you do not have an elevated loading dock or forklift to unload your items from the truck, you will need a liftgate and must select this option at checkout. The "Common Carrier w/ Liftgate" option includes the fee for the liftgate. A higher fee may apply if a liftgate must be added after an order has shipped. If delivery is unable to be completed because a liftgate was not selected during checkout, a redelivery fee may apply in addition to a liftgate fee. In these situations, we will contact you via email regarding the appropriate fees and charge the card on file if necessary in order to avoid additional fees with the carrier. A liftgate may not be available for orders containing frozen or refrigerated items. In this case, the driver will be responsible for hand-unloading the items from the truck in place of the liftgate service.

Some items, such as large outdoor ice merchandisers or very long pizza prep tables, may be too large or heavy for a liftgate and will require a truck-level loading dock. These items are noted as such under the “Customer Q&A” section on the item’s page. If you place an order for one of these items and select Liftgate at checkout, our team will reach out to you to confirm that you have the means to unload without a liftgate. If you confirm that you do have the means to unload, and we proceed with the order, it will be your responsibility to ensure successful delivery. If the carrier arrives with the item and you do not have the means to unload it, you will be responsible for any resolution costs needed to facilitate successful delivery. If delivery is not successful, the item will be returned, and you will be credited for the subtotal of the item(s) minus a restocking fee and the return shipping cost. If you are unsure, please contact our Customer Solutions Team before placing your order.

Notice to Residential Customers

While WebstaurantStore is designed specifically for those in the commercial food service industry, we will ship most items to residential customers. As a residential customer, please consider the following information when placing your order:

Commercial Refrigeration and Cooking Equipment

It is important to keep in mind that many of these items may not meet your consumer-level expectations if used in your home. Commercial cooking equipment:

  • Is designed for functionality and heavy use commercially, and may not meet your expectations in terms of aesthetics or ease-of-use.
  • Is often much louder than a comparable non-commercial piece of equipment.
  • Consumes much more power than consumer-style equipment
  • Is not insulated as thoroughly as consumer-level equipment and generates much more heat. Many pieces of commercial equipment also require a ventilation hood system, and a fire-suppression system to adhere to local fire and building codes.
  • Installed in a non-commercial setting would most likely void your homeowner's insurance and the equipment manufacturer's warranty.

The right is reserved to deny shipment for residential usage; if this occurs, you will be notified as soon as possible.

If you have any question about the suitability of a particular piece of equipment you're considering for non-commercial use, please contact our Customer Solutions Department.

For more information, please see our policies regarding Generic/Unbranded Items, Images and Image Colors.

Methods & Charges

The vast majority of our products can be shipped with a parcel carrier to a residential address. Bear in mind that these carriers charge more to ship to a residential address versus a commercial address. This difference is usually several dollars but varies by region, and will be reflected in your shipping charges.

Packaging

Packaging that is used during shipment is designed to keep the contents of your order safe from damage or mishandling of products. On occasion a shipment will be received with damage to the packaging. Because the packaging is designed to protect the products that we ship, compensation will not be offered for packaging damage. If the actual items in your shipment are damaged, please contact us right away so we can arrange for compensation or replacement. Occasionally we will ship items in recycled boxes which may contain descriptions unrelated to the products inside in an effort to be more eco-friendly. This practice also allows us to cut costs on packaging which then is reflected into lower prices on our items. Be sure to inspect the actual items inside of the packaging before refusing a shipment due to incorrect information on the boxes.

Refrigerated and Frozen Foods Shipping

In order to control the amount of time perishable items are in transit, they are only shipped on select days of the week based on which shipping method you choose.

Ground: Orders ship Monday through Wednesday.
Second Day: Orders ship Monday through Wednesday.
Next Day: Orders ship Monday through Thursday.
Common Carrier: Orders ship Monday through Friday.

Orders placed after the cutoff will ship the following Monday. If you purchase refrigerated or frozen items, an additional surcharge will be added to your shipping and handling fee for each of these items. This fee will be reflected in your shopping cart at the time of checkout.

Shipping and Handling Fee

Our shipping and handling fee covers the costs of processing, handling, packaging, and delivering your order. These rates differ depending upon whether you are a residential or commercial customer. To ensure the appropriate shipping and handling fee is calculated for your purchase, you must select either “residential” or “commercial” in your shopping cart. Your final shipping and handling fee will be calculated during the checkout process after your shipping destination and customer type is entered. We use this information to determine the most efficient shipping carrier for your order based on our warehouse location, your shipping address, and the shipping tables provided by our carrier partners.

Special Order Items

In order to maximize the products we’re able to offer to you, some items on our Services are not normally stocked in our warehouses. These items may be shipped directly to you from the manufacturer, or brought into our warehouse with our next stock order from the manufacturer and then shipped to you.

Please note - we are not always able to cancel special order items once the order is placed and may not be returnable.

Split Shipments

While we do try to consolidate shipments as much as possible, we cannot guarantee every item will ship together due to where items are sourced from. If multiple shipments of your order are required, the full amount of the shipping costs will be charged in the first shipment. If you want part of your order sent expedited and the other part sent using standard Ground, please place two separate orders.

Warehouse Pickups and Customer Shipping Accounts

All orders placed through WebstaurantStore will be shipped to their destination via a commercial carrier. For safety, insurance, and logistical reasons, customers cannot pick-up orders from our warehouse. Due to the high volume of orders we process daily, we are unable to use our customers' shipping account numbers.

Terms of Use

Terms of Use

Last modified: 5/04/2023

These Terms of Use are entered into between you and The WEBstaurant Store, LLC. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of Company's website https://www.webstaurantstore.com/ and its WebstaurantStore mobile application available on the App Store (both referred to as the “Services”), including any content, functionality, and services offered on or through the Services. The Services are owned by us and provided as services to its current and potential customers.

1. Acceptance of the Terms of Use. Please read the Terms of Use carefully before you start using the Services. By using the Services or by clicking to accept or agree to the Terms of Use when that option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, and our Privacy Policy (collectively, “Terms & Conditions”), found at https://www.webstaurantstore.com/policies.html, which are incorporated into these Terms of Use. If you do not agree to the Terms & Conditions, you must not access or use the Services.

2. Changes to Terms of Use. You should periodically review the Terms of Use. In our sole discretion, we may modify or revise the Terms & Conditions at any time. By continuing to use the Services, you agree to be bound by such changes. Nothing in the Terms & Conditions shall be deemed to confer any third-party rights or benefits. Changes to the Terms & Conditions are effective upon their posting to the Services.

3. Changes to the Services. We may occasionally update the content of the Services, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

4. Online purchases and other terms and conditions. All purchases through the Services or other transactions resulting from visits made by you to the Services are governed by our Terms of Sale, which are incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Services, which are also incorporated into these Terms of Use. By submitting information relevant to your purchase, including, but not limited, to your credit card, its expiration date security code, your address, and billing information, you grant us (or the third-party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

5. Accessing the Services and account security. We reserve the right to withdraw or amend the Services and any material we provide through the Services in our sole discretion and without any notice. We will not be liable if, for any reason, all or part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts (or all) of the Services to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who have access to the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources that it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Terms of Sale and Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Terms of Sale and Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Services’ features), that individual may have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier when chosen by you or provided by us at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use.

6. Internet delays. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

7. Intellectual property rights. The Services and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and their design, selection, and arrangement) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Services, except as follows:

  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages from your device for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:
  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8. Copyrights. You should assume everything you see or read on the Services is copyrighted (unless otherwise noted) and may not be used (except as provided in these Terms of Use or explicit text found on the Services) without our written permission. We neither warrant nor represent your use of materials displayed on the Services will not infringe on the rights of third parties not related to us. Images, photographs, or illustrations displayed on the Services are either our property or used with permission. Your or your representative’s use of these materials is prohibited unless permitted by these Terms of Use or explicit text found on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9. Trademarks. Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Website are protected intellectual properties of us, or our affiliates or licensors. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Services are protected intellectual properties of us, or our affiliates or licensors. Nothing contained within the Services should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

10. Copyright infringement. If you believe that any content on the Services violates your copyright, please send a notice by email to [email protected] or mail to: The WEBstaurant Store, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17601. Be advised that claimants who make misrepresentations about copyright infringement may be liable for damages, including court costs and attorneys’ fees.

11. Prohibited uses.

You may use the Services only for lawful purposes in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Use.
  • To transmit or procure the sending of any advertising or promotional material, including any junk mail, chain letter, spam, or other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined in our sole discretion, may harm (or expose to liability) us or the users of the Services.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other purpose not expressly authorized in these Terms of Use.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • Attack the Services through a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.


12. Reliance on information posted. The information presented on or through the Services is made available solely for general information purposes. This information is not designed to provide any professional advice, including accounting, compliance, tax, or legal advice. While we use reasonable efforts to include accurate, reliable, and up-to-date information on the Services, we do not warrant the accuracy, completeness, or usefulness of the information. Any reliance that you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services or by anyone who may be informed on any of its contents.

The Services may include content provided by third parties, including materials provided by users and third-party licensors. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

13. Information about you and your visits to the Services. We may collect (or you may provide) your personally identifiable information. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Linking to the Services. You may link to the Services, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

15. Links from the Services. If the Services contain links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have not reviewed all of these third-party sites and have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You should review the Terms of Use and Privacy Policy of every site you visit.

16. Geographic restrictions. The owner of the Services is based in the Commonwealth of Pennsylvania in the United States. We provide the Services for use within the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of specifically designated nationals or the U.S. Commerce Department’s table of deny orders or denied persons list.

17. Vendor or Supplier Sweepstakes.
A vendor or supplier we utilize may run a promotional sweepstakes for their product(s) (“Sweepstakes”). At our sole discretion, we may elect to promote or advertise the Sweepstakes. You agree that we make no representations or warranty as to the truth and accuracy of the Sweepstakes, and you are relying on the information provided by the vendor or supplier of the Sweepstakes. Additionally, you agree that, despite our promotion or advertisement of the Sweepstakes, any and all claims you may have regarding the Sweepstakes is with the vendor or supplier providing the Sweepstakes and you agree to release us from all liability.

18. Disclaimer of Warranties for Services. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, APP STORE OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES OR ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation of liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OUR RELATED COMPANIES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, AND ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF THE CAUSE OR THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SALES, LOSS OF PRODUCTS, GOODS, OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, FOOD SPOILAGE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE, AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification. You agree to defend, indemnify, and hold harmless us, our affiliates, related companies, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or use of the Services, including, but not limited to, any contributions made by you, any use of the Services’ content, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

21. Dispute Resolution, Arbitration, and Applicable Law.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO RESOLVE ANY DISPUTE WITH US THROUGH A CLASS ACTION OF ANY KIND, AND YOUR RIGHT TO A TRIAL BY JURY.


Arbitration Agreement and Waiver of Right to Jury Trial (“Arbitration Agreement”)

YOU AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTES AND CLAIMS RELATED TO OR ARISING FROM THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING DISPUTES ARISING FROM PRODUCTS OR SERVICES OFFERED OR SOLD BY US OR ANY OTHER ENTITY RELATED TO US, WHETHER BASED IN TORT, CONTRACT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING PRIVATE ARBITRATION BEFORE A SINGLE ARBITRATOR APPLYING THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA INSTEAD OF IN COURT. YOU AGREE AND ACKNOWLEDGE THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

If any court or arbitrator deems any term or provision in the immediately preceding paragraph to be unenforceable as to any claim, then only that claim will proceed in litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that remains subject to the immediately preceding paragraph.

Class Action Waiver

YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ARBITRATION OR CLAIM YOU OR WE ASSERT SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND WE EXPRESSLY WAIVE OUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON BEHALF OF A CLASS. You or we may, however, bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that any such claim is maintained as an individual claim rather than a claim on behalf of an actual or potential class of claimants.

You and we acknowledge and agree that the arbitrator of any dispute between you and us may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

Arbitration Demand

Prior to initiating any arbitration, you or we must first send the other a written demand for arbitration (“Demand”) via first-class mail, FedEx, or UPS within the applicable statute of limitations and repose periods. Your Demand must be delivered to: The WEBstaurant Store, LLC Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602. We will send any Demand to the current billing address on your account. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of all legal claims intended to be asserted against the other party and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the signature of the party seeking arbitration; and (v) the signature and contact information of any legal counsel or other representative purporting to represent the party seeking arbitration. The parties will first attempt to settle the matter through amicable discussions. If no agreement can be reached, the parties agree that they shall engage in at least four hours of mediation using a mutually agreed-upon, certified mediator before the matter may be submitted to arbitration.

Initiating Arbitration

If the parties are unable to resolve their dispute informally or through mediation, the dispute shall be resolved by a single arbitrator through binding arbitration governed by the Federal Arbitration Act (“FAA”). To initiate the arbitration process, the party seeking arbitration must supply a proposed list of arbitrators to the other party within thirty (30) days of the conclusion of the unsuccessful mediation. If the parties are unable to agree upon an arbitrator, either party may petition an appropriate court for the appointment of an arbitrator pursuant to the FAA. Upon the parties’ agreement on, or the Court’s appointment of, an arbitrator, the party seeking arbitration shall file its previously supplied Demand with the arbitrator. No claims other than those contained in the Demand and that were subject to the dispute-resolution process in the immediately prior paragraph may be asserted against the other party. You and we agree that any in-person Arbitration Hearing must occur in a mutually agreeable location in Lancaster, Pennsylvania, unless we both agree otherwise in writing, and that you and we waive the right to request any in-person arbitration in any other location. However, if it is determined by the arbitrator that Lancaster, Pennsylvania is an inappropriate forum in which to conduct the arbitration despite the parties’ agreement, you and we agree that the arbitration will be conducted remotely, and solely via telephone, based on written submissions, or via videoconference.

Governing Law

The interpretation and enforcement of this Arbitration Agreement shall be governed by the FAA. If it is determined that the FAA does not govern any issue that arises under this section, that issue shall be resolved under the laws of Pennsylvania, without regard to its choice-of-law rules.

Limitation on time to file claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED UNLESS APPLICABLE STATE OR FEDERAL LAW PROHIBITS THIS LIMITATION.

Waiver and severability. No waiver of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver by us of such term or condition or a waiver of any other term or condition. Our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire agreement. The Terms of Use and incorporated Terms of Sale and Privacy Policy constitute the sole and entire agreement between us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

22. Comments and concerns. All questions or comments about this privacy and our privacy practices should be directed to: [email protected] or by visiting our Support Page.

Website Accessibility Policy

Accessibility Statement for WebstaurantStore

WebstaurantStore is committed to providing web services (the “Services”) that are accessible to the widest possible audience, regardless of technology or ability. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

Measures to support accessibility

WebstaurantStore takes the following measures to ensure accessibility of our website:

  • Appoint an accessibility lead.
  • Provide continual accessibility training for our staff.
  • Include people with disabilities in our design personas.
  • Manual assessments of Services by an accessibility officer
  • Daily automated assessments of website by Lighthouse

  • Conformance status

    The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. WebstaurantStore is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard. We are actively working towards Level AA compliance.

    Limitations and Feedback

    Despite our best efforts to ensure the accessibility of our Services, there may be some limitations. Please contact us if you observe an issue, and we welcome feedback on the accessibility of our Services. Please let us know if you encounter accessibility barriers e-mail: [email protected], phone: 717-392-7472. We aim to respond to accessibility feedback within 5 business days, and to propose a solution within 10 business days.

    Technical specifications

    Accessibility of WebstaurantStore relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer:

  • HTML
  • WAI-ARIA
  • CSS
  • JavaScript
  • These technologies are relied upon for conformance with the accessibility standards used.

    Webstaurant Rewards

    WebstaurantStore Rewards Program Terms & Conditions

    The Webstaurant Rewards program (the “Program”) is brought to you by WebstaurantStore. Participation in the Program is subject to these terms and conditions (the “Terms”). WebstaurantStore reserves the right to cancel the Program and to modify, add or delete any of the Terms, benefits or rewards, in whole or in part, at any time, without notice, even though such changes may affect the value of points already accumulated, the value of the rewards and/or the time for redemption, as determined in its sole discretion. The Program has no predetermined termination date and may continue until such time as WebstaurantStore, in its sole discretion, elects to designate a termination date. WebstaurantStore may end the Program at any time by providing notice on the Services.

    Membership. Membership in the Program is open to U.S. legal residents who are at least eighteen (18) years of age or the age of majority in their place of legal residence. WebstaurantStore, in its sole discretion, has the right to allow, limit, or restrict participation by corporations, businesses, charities, partnerships, enterprises or any other person or entity. Void where prohibited or restricted by law. If in any particular state WebstaurantStore has to apply for any special license, bonding, permit or other governmental regulatory approval, the Program will be void in that particular state.

    Eligibility. You must have a valid email address at the time of enrollment. Your Webstaurant Rewards account email address may only be associated with one Program member and one membership account (“Rewards Account”). Individuals may not have multiple memberships. However, a household may have more than one membership. Individuals who have the same permanent address are members of the same household (“Household”). From time to time, we may extend enrollment offers to promote new Program membership for non-members. Such enrollment offers are limited to new Webstaurant Rewards Program members. Existing members may not receive enrollment offers for enrolling in additional Webstaurant Rewards accounts.

    Earning Points. The Program allows members to earn Webstaurant Rewards points (“Points”). To earn Points, you must have an active and valid Rewards Account at the time you engage in any Program activity. If you make purchases using the WebstaurantStore Rewards Visa credit card, you may earn bonus points subject to the credit card terms. If you return purchases on which you earned Webstaurant Rewards Points, those points will be deducted from your Rewards Account. In the event of any discrepancies, you must contact the WebstaurantStore’s Customer Service Department within 90 days of the original transaction by emailing [email protected]. Webstaurant Rewards Points may be subject to federal, state or other taxes and such taxes are your sole responsibility. Webstaurant Rewards Points are not transferrable.

    Redeeming Points. Points earned through the Program can be redeemed on purchases during check-out. There is no minimum number of points needed to redeem at time of checkout. Points have no cash value or value of any kind until they are fully redeemed. Points cannot be redeemed for cash or applied toward WebstaurantPlus™ membership fees. WebstaurantStore is not able to reissue points that have been redeemed on purchases. Please be advised that if you share access to your WebstaurantStore account, anyone with access is considered authorized to redeem points.

    General Conditions of Participation. By participating in the Program, you agree to these Terms. WebstaurantStore reserves the right to disqualify members who have violated any of the Program terms and conditions. You further agree to allow WebstaurantStore to communicate with you about the Program, Points, or anything relating thereto via mail, email, phone, text, in-app notification, external websites, and various other channels. WebstaurantStore may also use these channels to communicate account offer promotions, coupons, information and offerings that may be of interest to you to the extent allowed by law or as agreed upon by you. WebstaurantStore reserves the right to provide benefits to some members based on geographic location, Program participation, purchases made, or information supplied by the member or by our vendors. WebstaurantStore reserves the right to extend additional benefits and offers to all or any portion of the members at its sole discretion. Members should promptly notify WebstaurantStore of any changes to personal information, such as name, address, telephone number and email address, either by visiting WebstaurantStore.com or by emailing [email protected].

    Program Changes and Termination. WebstaurantStore reserves the right to cancel any Rewards Program card or account for which it has incomplete, inaccurate, false, or fictitious personal information. In the event that a Rewards Program card or account is canceled or that the Program is terminated for any reason, all Webstaurant Rewards points earned on the accounts will be forfeited. Any fraudulent or unauthorized use of the Program, the Rewards Program card, the Program account, any promotional offers or card rewards is strictly prohibited and may result in termination or disqualification from the Program, forfeiture of all points earned, forfeiture of rewards earned and/or legal prosecution. In addition, WebstaurantStore reserves the right to deactivate Webstaurant Rewards accounts that have not earned points for a qualifying purchase at least once in a 24-month period.

    DISCLAIMER. THE PROGRAM AND ALL CARDS, ACCOUNTS, POINTS, REWARDS, USED OR PROVIDED AS PART OF THIS PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

    Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE THE GREATER OF ONE THOUSAND DOLLARS ($1,000). YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.

    Indemnification. Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless WebstaurantStore and all associated entities, affiliates, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors together with their partners successors and assigns, from and against any and all losses, claims, suits, damages, penalties, fines, judgment, liabilities (including without limitation, death, personal injuries, expenses, attorney fees and costs incurred) in connection with your participation in the Program that is inconsistent with these Terms.


    Dispute Resolution, Arbitration, and Applicable Law.
    PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO RESOLVE ANY DISPUTE WITH US THROUGH A CLASS ACTION OF ANY KIND, AND YOUR RIGHT TO A TRIAL BY JURY.


    Arbitration Agreement and Waiver of Right to Jury Trial (“Arbitration Agreement”)

    YOU AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTES AND CLAIMS RELATED TO OR ARISING FROM THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING DISPUTES ARISING FROM PRODUCTS OR SERVICES OFFERED OR SOLD BY US OR ANY OTHER ENTITY RELATED TO US, WHETHER BASED IN TORT, CONTRACT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING PRIVATE ARBITRATION BEFORE A SINGLE ARBITRATOR APPLYING THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA INSTEAD OF IN COURT. YOU AGREE AND ACKNOWLEDGE THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

    If any court or arbitrator deems any term or provision in the immediately preceding paragraph to be unenforceable as to any claim, then only that claim will proceed in litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that remains subject to the immediately preceding paragraph.

    Class Action Waiver

    YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ARBITRATION OR CLAIM YOU OR WE ASSERT SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND WE EXPRESSLY WAIVE OUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON BEHALF OF A CLASS. You or we may, however, bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that any such claim is maintained as an individual claim rather than a claim on behalf of an actual or potential class of claimants.

    You and we acknowledge and agree that the arbitrator of any dispute between you and us may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

    Arbitration Demand

    Prior to initiating any arbitration, you or we must first send the other a written demand for arbitration (“Demand”) via first-class mail, FedEx, or UPS within the applicable statute of limitations and repose periods. Your Demand must be delivered to: The WEBstaurant Store, LLC Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17602. We will send any Demand to the current billing address on your account. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of all legal claims intended to be asserted against the other party and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the signature of the party seeking arbitration; and (v) the signature and contact information of any legal counsel or other representative purporting to represent the party seeking arbitration. The parties will first attempt to settle the matter through amicable discussions. If no agreement can be reached, the parties agree that they shall engage in at least four hours of mediation using a mutually agreed-upon, certified mediator before the matter may be submitted to arbitration.

    Initiating Arbitration

    If the parties are unable to resolve their dispute informally or through mediation, the dispute shall be resolved by a single arbitrator through binding arbitration governed by the Federal Arbitration Act (“FAA”). To initiate the arbitration process, the party seeking arbitration must supply a proposed list of arbitrators to the other party within thirty (30) days of the conclusion of the unsuccessful mediation. If the parties are unable to agree upon an arbitrator, either party may petition an appropriate court for the appointment of an arbitrator pursuant to the FAA. Upon the parties’ agreement on, or the Court’s appointment of, an arbitrator, the party seeking arbitration shall file its previously supplied Demand with the arbitrator. No claims other than those contained in the Demand and that were subject to the dispute-resolution process in the immediately prior paragraph may be asserted against the other party. You and we agree that any in-person Arbitration Hearing must occur in a mutually agreeable location in Lancaster, Pennsylvania, unless we both agree otherwise in writing, and that you and we waive the right to request any in-person arbitration in any other location. However, if it is determined by the arbitrator that Lancaster, Pennsylvania is an inappropriate forum in which to conduct the arbitration despite the parties’ agreement, you and we agree that the arbitration will be conducted remotely, and solely via telephone, based on written submissions, or via videoconference.

    Governing Law

    The interpretation and enforcement of this Arbitration Agreement shall be governed by the FAA. If it is determined that the FAA does not govern any issue that arises under this section, that issue shall be resolved under the laws of Pennsylvania, without regard to its choice-of-law rules.

    Questions. Any questions regarding the Program should be directed to [email protected].

    WebstaurantPlus™

    WebstaurantPlus™ Benefits

    Once enrolled, a subscriber’s orders will qualify for free shipping as long as the order total is at least $29.00 worth of eligible items. Free shipping covers all standard ground and common carrier shipping costs. WebstaurantPlus™ orders will receive priority processing.

    WebstaurantPlus™ Cost

    You will be charged a recurring monthly fee of $99. Sales tax will be charged on orders shipping to the states of Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, and Wyoming. If you are tax-exempt and shipping to one of these states, visit your My Account page and select “Upload Tax Exempt Form."

    WebstaurantPlus™ Eligibility

    All registered customers with a saved credit card that are shipping within the contiguous United States are eligible.

    WebstaurantPlus™ Guaranteed Savings (effective August 31, 2022)

    As a Plus™ member, you are eligible to receive a Promotional Credit if your total account subscription costs (“Costs”) exceed your total account subscription savings (including shipping, subscription savings on select items, and other associated subscription savings) (“Savings”) in the preceding 12-month period (“Period”). If Costs exceed Savings, we will apply a Promotional Credit to your subscription account that is equal to the difference. Additional restrictions may apply. We reserve the right to revise or terminate the Guaranteed Savings at any time and without notice to you. To be eligible to receive Promotional Credit, your subscription account must be active for the applicable Period. Existing PLUS™ subscription account holders as of the Effective Date are eligible and will automatically be enrolled in the Guaranteed Savings on the first day after their current Period ends or if they add a new subscription to their account, whichever comes first. Customers who become PLUS™ subscription account holders after the Effective Date are automatically enrolled. Promotional Credit granted under Plus™ expires one year after issuance.

    WebstaurantPlus™ Shipping Address

    You can have multiple shipping addresses, but each shipping address requires its own WebstaurantPlus™ subscription and monthly fee to be eligible for free shipping. Your first subscription will be charged at $99 a month. Additional addresses will be charged at $49 a month per address.

    WebstaurantPlus™ Subscription

    Your WebstaurantPlus™ subscription can be managed on your account page under the WebstaurantPlus™ tab. Here you will be able to change your payment method, check your renewal dates, view the enrolled address, add/alter multiple subscriptions, and cancel your subscription. The enrolled address cannot be altered once you subscribe.

    Subscriptions can be cancelled at any time on the WebstaurantPlus™ tab through your account page. You will continue to receive the WebstaurantPlus™ benefits until your auto-renewal date, at which time your subscription will end. We will not provide partial refunds for mid-month cancellations.

    The majority of orders will qualify once you reach the $29 order minimum with eligible items. Additional fees for shipping options such as lift gate and expedited shipping will apply.

    Free shipping will apply to the WebstaurantPlus™ enrolled shipping address. Other saved or new addresses will be charged the standard shipping cost. Select items do not qualify for free shipping; ineligible items will not show the WebstaurantPlus™ icon.

    We may terminate your WebstaurantPlus™ membership at our discretion without notice. If we do so, we will not provide any refund for termination related to conduct that we determine, in our discretion, violates our policies or any applicable law, involves fraud or misuse of the WebstaurantPlus™ membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these policies and terms will not constitute a waiver of any of our rights.