Terms & Conditions

TERMS OF SERVICE

Effective Date: 11/1/2021

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Welcome to Daniel's Test Kitchen! By accessing or using our website and services, you agree to comply with and be bound by the following Terms of Service. Please read them carefully.

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1. Services Provided

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Daniel's Test Kitchen, LLC ("Caterer") offers catering services with options for pickup at Kitchen Chicago, 324 N Leavitt St and delivery through third-party providers such as UberEats, DoorDash, Postmates, and Metrobi. All orders are prepaid and tailored based on information provided at the time of ordering.

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2. Ordering and Payment

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Prepayment: All orders must be prepaid. We accept payments via PayPal, credit cards, Affirm, and Klarna, facilitated through our platform on Wix.
Order Accuracy: It is the customer's responsibility to provide accurate information, including dietary restrictions and allergen details, at the time of ordering. We cannot guarantee accommodations for allergies or dietary restrictions not communicated in advance.

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3. Refund and Cancellation Policy

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Once food has been picked up or delivered, no refunds will be issued. Additionally, no refunds will be provided for personal taste preferences or incorrect order information provided by the customer.

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REFUNDS will ONLY be issued in this manner: 

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If an order is cancelled: 

           - Less than 5 days (119 hours) before the event = NO REFUND
           - 5 days (120 hours) before the event = 25% of Subtotal is refunded
           - 6-12 days before the event = 50% of Subtotal refunded
           - 13-15 days before the event = 75% of Subtotal refunded
           - 16 days or earlier before event = 100% of subtotal refunded
          
If Caterer cancels your order, 100% total refund will be issued unless cancellation is due to an error by the Client (i.e wrong delivery date, material change in scope of agreement, office closure, outside of delivery radius etc..), then no refund will be issued. 
 
4. Delivery and Pickup

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Third-Party Services: Deliveries are facilitated through third-party providers. Once the food is in the customer's possession, Daniel's Test Kitchen, LLC is not liable for its condition, safety, or quality.

Customer Responsibility: Customers are responsible for ensuring timely pickup or accepting delivery. Any issues arising after the food has left our premises are beyond our control.

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5. Food Safety and Storage

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Post-Pickup and Delivery Responsibility: Upon receiving the food, customers are responsible for its safety and quality. Food should be refrigerated if not consumed immediately. For specific storage recommendations, please contact us directly.

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6. Allergies and Dietary Restrictions

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Customer Obligation: It is the customer's responsibility to inform us of any allergies or dietary restrictions at the time of ordering. We cannot be held liable for adverse reactions if such information was not provided and will be indemnified from any litigation or civil action. 

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7. Disclaimers

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Medical Disclaimer: We are not licensed medical professionals or nutritionists. Our food is not intended to diagnose, treat, cure, or prevent any disease. Customers should consult with a healthcare provider for medical advice.

Disclaimer of Warranties: All services and food are provided "as is" and "as available" without warranties of any kind, express or implied.

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8. Limitation of Liability

To the fullest extent permitted by law, Daniel's Test Kitchen, LLC, its owner, and agents shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from the use of our services or consumption of our food. Our total liability to you shall not exceed the total amount paid for your order.

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9. Indemnification

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Customers agree to indemnify, defend, and hold harmless Daniel's Test Kitchen, LLC, its owner, affiliates, and employees from any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising from their use of our services, violation of these Terms, or infringement of any third-party rights.

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10. Force Majeure

Daniel's Test Kitchen, LLC, shall not be liable for any failure or delay in performance caused by circumstances beyond our control, including but not limited to acts of God, natural disasters, strikes, government orders, illness, pandemics, transportation interruptions, or shortages of supplies.

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11. Arbitration & Dispute Resolution

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In the event of any dispute arising out of or relating to these Terms or our services, both parties agree to resolve the matter through binding arbitration in Chicago, Illinois. Each party is responsible for its own legal fees. The arbitrator shall not have the authority to award punitive damages, and any relief awarded shall be limited to actual damages only.

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12. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. All disputes shall be resolved in Cook County, Illinois, subject to the arbitration terms outlined above.

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13. Changes to Terms

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We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website.

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14. Contact Information

For any questions or concerns regarding these Terms, please contact us at danielstestkitchen@gmail.com