Terms of Service

Last updated: January 15, 2026

These Terms of Service govern your use of davesplace.shop and any orders you place through it. By using the site, you agree to these terms. If you don't agree, please don't use the site.

About the site

The site is operated by Dave's Place, a family-owned diner at 51 W Water St, Markesan, Wisconsin 53946. The site is informational and lets you place pickup orders. All orders are subject to our acceptance.

Orders and pickup

Our site only supports pickup. There is no delivery, and we do not work with any third-party delivery app. After you submit an order, you'll see a confirmation screen with your order number. That number is a reference, not a reservation and not a promise of a specific ready time.

We may decline or cancel an order for any lawful reason — for example, if we're out of an item, if the item was mispriced, if we're closed for a holiday, or if the order appears fraudulent. We'll try to reach you by the phone number you gave us if that happens.

The pickup time you select is a request, not a reservation. We aim to have orders ready near the requested time. Volume, staffing, weather, and traffic can affect timing. If you arrive and the food is not ready, you can wait at the diner or come back at a time we agree on.

Payment

Payment happens in person when you pick up the order. We accept cash and major credit and debit cards. We do not take payment online, and no card details are collected on the site.

Prices on the site are listed in U.S. dollars and do not include sales tax. Sales tax is added at pickup according to Wisconsin and local rates.

Pricing and availability

Prices and menu items are subject to change without notice. We try to keep the site accurate, but if a listed price differs from the price at the register, we'll charge the lower of the two. If an item on your order is unavailable when we start cooking, we'll contact you to substitute or remove it before you pay.

Allergens and food safety

Our kitchen is small and everything is cooked on shared surfaces and in shared oil. We cannot guarantee that any item is free of cross-contamination. If you have a serious allergy, read our Allergen Information page and call us at (920) 398-1422 before ordering.

Cancellations and changes

Call us at (920) 398-1422 as soon as you can if you need to change or cancel an order. If we haven't started cooking, we can usually cancel or adjust. Once the food is on the grill, we can't take it back.

Catering

Catering orders are separate from the online cart and are arranged by phone. They require at least 48 hours' notice and a 10-person minimum. Terms for catering — including deposits and cancellation windows — are agreed when you book. Deposits, when required, are non-refundable if you cancel within 24 hours of the pickup time.

Links to other sites

The contact page embeds a map from Google. That's the only third-party embed on the site. We are not responsible for the content or practices of Google or of any other site we may link to in the future.

Disclaimers

The site is provided "as is." We make reasonable efforts to keep it accurate and available, but we don't promise uninterrupted service, error-free content, or that the site will always reflect current menu availability or pricing.

Limitation of liability

To the extent permitted by law, our total liability for any claim related to the site or an order is limited to the amount you actually paid for the order. We are not liable for indirect, incidental, special, or consequential damages. Nothing in this section limits liability that cannot be limited by law, including liability for gross negligence or intentional misconduct.

Governing law

These terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules. Any dispute that can't be resolved between us will be handled in state or federal court located in Green Lake County, Wisconsin. You consent to venue and personal jurisdiction in those courts.

Changes to these terms

We may update these terms. The current version will always be posted on this page, with the effective date at the top. Continued use of the site after a change means you accept the new version.

Contact

Dave's Place
51 W Water St
Markesan, WI 53946
Email: [email protected]
Phone: (920) 398-1422