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Terms of Sale



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 ModernStreetES

We reserve the right to cancel any order, refund, credit, or reshipment at our discretion without notice. ModernStreetES also reserves the right to refuse service, terminate accounts, and terminate your rights to use ModernStreetES 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 ModernStreetES website, 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 return 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 ModernStreetES-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. ModernStreetES 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.

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 SR500.00 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. When you place an order on our website, 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. ModernStreetES assumes no liability for fees in the event of such an overdraft.

Privacy Policy

Privacy Policy

Last Updated on: Jan 10, 2023

The ModernStreetES, Inc. (“Company,” “we,” or “us”) respects 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 Website
  • In email, text, chat, and other electronic messages between you and the Website.
  • 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 Calumet Enterprises, LLC, Clark Associates, Inc., Noble Chemical, Inc., Regal Foods, Inc., The Restaurant Store, Inc., Vertical Converting, LLC, and 11400, Inc.
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.
    • Please read this policy to carefully understand our policies regarding our collection, treatment, and use of your information. By accessing or using the Website, 
you accept and agree to be bound and abide by this Privacy Policy, Terms of Use, and Terms of Sale. 
    • You should periodically review the policy because it may change from time to time. By continuing to use the Website, you agree to be bound by such changes.
    • 1. 
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 (“Personal Information”), such as your name, mailing address, email address, telephone number, employer, and job title.
      • 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).
    • 2. 
How we collect information.
    •  We collect this information:
      • Directly from you (for example, from forms you complete or products and services that you purchase).
      • Indirectly from you (for example, from observing your actions on the Website).
      • From our related companies, including Calumet Enterprises, LLC, Clark Associates, Inc., Noble Chemical, Inc., Regal Foods, Inc., The Restaurant Store, Inc., Vertical Converting, LLC, and 11400, Inc.
    • 3. 
Information you provide to us.
    •  The information you provide to us through our Website 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 and when you report a problem with our Website.
      • 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 though 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.
    • 4. 
Information we collect through automatic data collection technologies.
    •  As you navigate and interact with our Website, we 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 interest.
      • Speed up your searches.
      • Recognize you when you return to our Website.
    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).

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 on this website 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 this website 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. 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 store credit. See Store 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. 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.

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 return credit 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 store credit. You will also receive a refund in the form of a store credit if we are unable to process a return to your original payment method (for example, if your credit or debit card has been closed). See Store 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. Click here to 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.

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.

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.

Terms of Use

Terms of Use

Last modified: 1/12/2023

These Terms of Use are entered into between you and The ModernStreetES, Inc. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of (“Website”), including any content, functionality, and services offered on or through the Website. The Website is owned by us and provided as a service 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 Website. By using the Website 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, which are incorporated into these Terms of Use. If you do not agree to the Terms & Conditions, you must not access or use the Website.

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 Website, 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 Website.

3. Changes to the Website. We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website 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 Website or other transactions for the sale of goods or services through the Website or resulting from visits made by you to the Website 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 Website, 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 WEBSITE ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE 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 Website and account security. We reserve the right to withdraw or amend the Website and any service or material that we provide on the Website in our sole discretion and without any notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts (or all) of the Website to users, including registered users.

ModernStreet ES Rewards

ModernStreet ES Rewards Program Terms & Conditions

The ModernStreetES Rewards program (the “Program”) is brought to you by ModernStreetES. Participation in the Program is subject to these terms and conditions (the “Terms”). ModernStreetES 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 ModernStreetES, in its sole discretion, elects to designate a termination date. ModernStreetES may end the Program at any time by providing notice on its website.

ModernStreetES, 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 ModernStreetES 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 ModernStreetES 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 ModernStreetES Rewards Program members. Existing members may not receive enrollment offers for enrolling in additional ModernStreetES Rewards accounts.

Sales Tax and Exemption

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.

CCPA Notice

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in our general privacy notice and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. The ModernStreetES obtains the categories of personal information listed above from the following categories of sources:
  • Directly from you. For example, from forms you complete or products and services you purchase, name, postal address, email address, telephone number, and driver’s license for certain verification processes.
  • Indirectly from you. For example, from observing your actions on our Website which includes products and purchase history.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations as described to you when collecting your personal information or as otherwise set forth in the CCPA.

The ModernStreetES will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information
The ModernStreetES may disclose your personal information to a third party for a business purpose [or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights)]. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. [The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.]

We share your personal information with the following categories of third parties:

  • Service providers, such as delivery companies and warranty providers.
  • Data aggregators.
  • Third parties with whom we partner to offer products and services to you.

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that The ModernStreetES disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information 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.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • 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
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that The WebstaurantStore delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

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