Please read carefully

Terms of Service

Effective October 15, 2024. These terms govern your access to and use of Nichole's Cakes services and website.

1. Acceptance of terms

By accessing our website, booking a consultation, or purchasing products from Nichole's Cakes, you agree to these Terms of Service and our Privacy Policy. If you do not agree, please do not use our services.

2. Eligibility

You must be at least 13 years old to use this site and 18 or older to place orders or enter into contracts. If you use our services on behalf of a business, you represent that you have authority to bind that entity.

3. Accounts and security

  • You are responsible for maintaining the confidentiality of your login credentials.
  • Notify us immediately of any unauthorized use of your account.
  • We may suspend or terminate access for violating these terms or to protect security.

4. Consultations, orders, and changes

  • Consultation bookings may require a fee (processed by Stripe). We will confirm design details, pricing, and timelines with you after the consultation.
  • Custom designs rely on the information you provide. Please review proofs and confirmations carefully; your approval authorizes us to proceed.
  • Changes requested after approval may incur additional costs or impact delivery timelines.
  • We reserve the right to decline orders we cannot fulfill (for example, due to availability, safety, or quality standards). Any amounts you have paid for declined orders will be refunded.

5. Pricing, payments, and refunds

  • Prices are quoted in USD unless stated otherwise.
  • Payments are securely processed by Stripe; we do not store full card details.
  • Deposits and consultation fees are generally non-refundable unless we cancel the order. We will clarify refundability in your order confirmation.
  • If a scheduled delivery or pickup is delayed due to circumstances within our control, we will work with you to remedy the issue or provide an appropriate refund or credit.

6. User responsibilities

  • Provide accurate, complete information when booking or ordering.
  • Use the site only for lawful purposes and do not interfere with its operation.
  • Do not submit content that is unlawful, defamatory, infringing, or harmful.

7. Intellectual property

The website content, designs, images, logos, and branding are owned by Nichole's Cakes or our licensors and are protected by intellectual property laws. You may not copy, modify, or use them without our written permission, except as necessary to view and use the site for its intended purposes.

8. User content

If you submit reviews, testimonials, or other content, you grant us a non-exclusive, royalty-free license to use, display, and reproduce that content in connection with our services, subject to our Privacy Policy. You represent that you have the right to share that content and that it does not infringe the rights of others.

9. Third-party services

We may link to or integrate third-party services (such as Stripe for payments or AWS for hosting). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services beyond our control.

10. Disclaimers

We provide the website and services on an "as is" and "as available" basis without warranties of any kind, to the fullest extent permitted by law. We do not guarantee uninterrupted access or that the site will be error-free.

11. Limitation of liability

To the fullest extent allowed by law, Nichole's Cakes and its owners or employees will not be liable for indirect, incidental, special, or consequential damages, or for lost profits, arising out of your use of the site or services. Our total liability for any claim is limited to the amount you paid for the applicable service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold Nichole's Cakes harmless from any claims, losses, or expenses (including reasonable attorneys' fees) arising out of your misuse of the site or violation of these terms.

13. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Disputes will be resolved in state or federal courts located in California, unless otherwise required by applicable consumer protection laws. Either party may seek relief in small claims court where appropriate.

14. Updates to these terms

We may update these Terms of Service from time to time. The updated terms will be posted with a new effective date. Your continued use of the services after changes become effective constitutes acceptance.

15. Contact us

If you have questions about these terms, reach out at: