Terms and Conditions

***COVID-19 Alert: We are offering a limited menu at this time.  These items will be available for cold delivery or cold pick up on Mondays and Wednesdays 10am to 2pm while supplies last.***

Welcome to theshadowchef.com. This site and related services are provided subject to these Terms and Conditions. Please read the following information carefully. Your continued use of this Site will indicate your agreement to be bound by the Terms and Conditions set forth below.

Definitions

"We" or "us" refers to Caribbean Caterers, Inc. d/b/a The Shadow Chef.

"Site" refers to theshadowchef.com

"You" or "your" refers to the person viewing and/or making a purchase through the site.

“Product” refers to food, beverage or rental items and/or related products and/or services from The Shadow Chef or its affiliates

Services and Use of Product

The Shadow Chef provides food, beverages and a limited supply of service ware for pick up or delivery only.  All set up, service, food handling and cleanup after the items have been picked up or delivered is the sole responsibility of you.  The Products provided are for non commercial use only and are not for resale or repackage. You may not add to, take away from, or change product in any fashion.  The products are to be presented and served without alteration or addition. Products may not be represented as the product of another company or individual.

Prices

Prices are subject to change without notice.

Change of Order

For information about changes to your order (including increasing, decreasing, changing or cancelling your order), please see our Delivery, Pick up and Returns page.

Insurance

No certificate of insurance will be provided.

Food Allergies

Client is responsible for investigating any known food allergies of the people that will consume the Product.  If Client requests guidance, The Shadow Chef will advise Client on any items that might react with the known food allergy.  Changes to an order will be subject to the Change of Order and Cancellation Policy.

Equipment Rental

Clients choosing delivery may rent one or more insulated food containers or chafing dishes.  Containers/dishes must be used as per the manufacturer’s usage guidelines. Client agrees to exercise reasonable care when handling the containers/dish.  If the container/dish is returned broken, defaced or distressed, a $50.00 fee will be assessed. If the container/dish is not returned or returned damaged to the point of disrepair, a $200 fee will be assessed.  The credit card on file will be used, unless the client specifies otherwise.

One way rental: client agrees to return the container(s) to The Shadow Chef office the next business day after the delivery date, excluding public holidays between the hours of 9am and 4pm EST.  Client will be charged an additional $10.00 for each day the rental is late.

Two way rental: The Shadow Chef will retrieve the insulated food container(s) the day after the delivery date from the delivery location. If for reasons caused by the client (such as, but not limited to, non response by the client or someone not being at the client's location at the agreed upon time) The Shadow Chef is unable to retrieve the rented equipment within a reasonable time, the client will be charged a replacement fee for the equipment.

Payment Schedule

Payments must be received before an order is processed.  All payments must be received at no later than noon two business days before your scheduled delivery or pick up date.

The Shadow Chef reserves the right to cancel an order, at any time, for non payment as described in the Payment Schedule and Returned Check Policy above or for Client’s breach of other terms of this agreement.  The Shadow Chef may cancel an order only by written notification to Client. In the event that The Shadow Chef cancels an order a store credit in the amount of the payments received, excluding late fee(s), will be issued.

Corporate Accounts & Returned Check Policy

Business and nonprofit clients may open a Corporate Account and pay with a business check.  These Accounts are provided as a convenience. Should a check be returned for insufficient funds, The Shadow Chef shall charge a $30 returned check fee, in addition to the original fee.  All payments, including returned check fee(s), shall be made to The Shadow Chef three business days prior to the pick up or delivery time. Lack of payment of returned check fee(s) by this date shall be considered non-payment of account and grounds for cancellation of the order.

Insurance

No certificate of insurance will be provided.

Food Handling

The Shadow Chef does not provide insurance.  At the time of pick up or delivery, your items will be at a “safe” temperature.  Delivery items will arrive hot and ready to serve. Any hot items that will not be consumed immediately should be kept in a warm oven or in an Insulated Food Container (available for rental).  Pick up items will be packaged cold. Return them to cold storage immediately. The Shadow Chef will provide you with reheating instructions. After the items have been picked up or delivered, you are responsible for maintaining the food at a proper temperature.  For more information about safe food temperatures and safe food handling, please consult a reputable source such as the USDA. We release responsibly for food and beverage items after you have taken it from our premise for a pick-up order or it has been delivered to your event site.

Restrictions on Use and Ownership

All pages within the site, which include, but is not limited to and any material made available for download, are the property of Caribbean Caterers, Inc. d/b/a The Shadow Chef ("The Shadow Chef") and/or its subsidiaries, affiliates, vendors, and licensors. The Shadow Chef grants you a nonexclusive license to use the Site solely for your personal, non-commercial use. The content of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of The Shadow Chef, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices.

Third Party Contacts

You may be contacted by email by a third party company regarding particular product or a service that you had received from us

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SHADOW CHEF AND ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Customer Privacy

For information about customer privacy, please see our Privacy Policy.

Trademark Notice

The Shadow Chef and other symbols and names used on the Site are the trademarks and service marks of The Shadow Chef. All other trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Accuracy and Integrity of Information

Although The Shadow Chef attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform The Shadow Chef so that it can be corrected. Information contained on the Site may be changed or updated without notice. Please note that images on the Site present serving suggestions.  Any garnishes, dishes, etc included in the images will not be included with your order. The availability of products and other items on the Site may change at any time, without notice. The pricing for products and other items in your shopping cart may change from the time they were originally placed in the cart. Always review pricing for your products at the time of checkout.

Your Communications

Unless otherwise indicated in this Site or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site, including questions, comments, suggestions, reviews, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, you grant The Shadow Chef a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.

Links or Pointers to Other Sites

The Shadow Chef makes no representations whatsoever about any other website that you may access through this Site. When you access a non-The Shadow Chef site, please understand that it is independent from The Shadow Chef, and that The Shadow Chef has no control over the content on that website. In addition, a hyperlink to a non-The Shadow Chef website does not mean that The Shadow Chef endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Third Party Providers

The Shadow Chef employs other companies and individuals to perform functions on our behalf.  These companies may do such things as process your credit card payment. Their access to your personal information is needed to perform their functions and they may not use it for other purposes.

Credit Card Charges

You certify that you are authorized to use all credit cards entered into the system.  You agree to pay the credit card bill in accordance with your credit card agreement. It is very important to protect login information.  You are responsible for all transmissions, including payment transactions that are made under your account. In the event of unauthorized use of a credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Limitation of Liability

THE SHADOW CHEF AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Choice of Law; Arbitration

These Terms and Conditions are entered into in the State of Maryland and shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then applicable. One arbitrator will be selected by the parties' mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof. The arbitration will take place in Rockville, Maryland. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Termination and Effect on Termination

The Shadow Chef shall have the right to refuse or cancel any orders whether or not the order has been processed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Shadow Chef shall issue a credit to your credit card account in the amount of the charge within 30 days.  The Shadow Chef reserves the right to refuse service. Upon such termination you shall immediately cease all access to and use of the Site and The Shadow Chef shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of your order or refusal of service shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Entire Agreement

Except as provided herein, this Terms and Conditions constitutes the entire agreement between The Shadow Chef and you pertaining to the subject matter hereof. In its sole discretion, The Shadow Chef may from time to time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.


If you have any questions about this Terms and Conditions, please contact us at clientsupport@TheShadowChef.com.