Terms of Use
Last updated: July 19, 2026
These Terms of Use (“Terms”) govern your access to and use of nomnomcupcakes.com and your purchases from Boomshaka Factory, Inc., doing business as Nom! Nom! Factory (“Nom! Nom!,” “we,” “us,” or “our”). By using the website or placing an order, you agree to these Terms. If you do not agree, do not use the website.
Eligibility and accounts
You must be legally able to enter a binding agreement to place an order. You are responsible for providing accurate information, protecting your account credentials, and all activity under your account. Notify us promptly of suspected unauthorized use.
Products and availability
Product photographs are illustrative. Because our products are handmade, colors, decoration, size, and appearance may vary. Ingredients, flavors, packaging, prices, and availability may change. We may limit quantities, decline customization requests, correct errors, or cancel an order when a product is unavailable or an order cannot be fulfilled as requested. If we cancel a paid order, we will refund the affected amount.
Orders and payment
An order is accepted when we send confirmation or otherwise begin fulfillment. You authorize us and our payment providers to charge the displayed price, taxes, delivery charges, tips, and other disclosed amounts. We may contact you to verify information. Promotions may have additional terms and may not be combined unless stated.
Local delivery requires the minimum merchandise subtotal shown at checkout. Pickup and delivery options, fees, service areas, and available times are determined at checkout and may change. Orders generally require at least 48 hours of lead time.
Pickup and delivery
You are responsible for choosing the correct fulfillment option, providing complete contact and address information, and being available at the scheduled time. Delivery estimates are not guarantees and may be affected by traffic, weather, access restrictions, or events outside our reasonable control. Risk of loss and responsibility for proper storage and handling pass to you when an order is picked up or successfully delivered.
Cancellations, returns, and refunds
Perishable products are not returnable. Cancellations, changes, quality concerns, replacements, credits, and refunds are governed by our Returns & Exchanges Policy, which is incorporated into these Terms.
Allergens and food safety
Our products are prepared in facilities that handle common allergens, including milk, eggs, wheat, soy, peanuts, and tree nuts. We cannot guarantee that products are allergen-free or free from cross-contact. Ingredient and dietary information is provided for general guidance and may change. You are responsible for communicating concerns before ordering and determining whether a product is appropriate for you or an intended recipient.
Custom content and submissions
If you submit text, photographs, reviews, designs, or other content, you represent that you have the right to do so and that the content does not violate law or another person’s rights. You grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, and display that content as needed to provide the requested service and, when you give permission, for marketing. Do not submit confidential information through public features.
Intellectual property
The website and its text, graphics, photographs, logos, designs, software, and other content are owned by or licensed to us and are protected by intellectual-property laws. You may use the website only for personal, noncommercial purposes. You may not copy, scrape, reproduce, distribute, sell, reverse engineer, interfere with, or exploit the website without written permission.
Acceptable use
You may not use the website to violate law, infringe rights, transmit harmful code, attempt unauthorized access, disrupt service, impersonate another person, submit false information, or conduct fraudulent or abusive activity. We may suspend access or cancel orders when reasonably necessary to protect customers, our business, or the website.
Third-party services
The website may use or link to payment, social-media, mapping, delivery, analytics, and other third-party services. Those services are governed by their own terms and privacy practices. We are not responsible for third-party content or services.
Disclaimers
To the fullest extent permitted by law, the website and its content are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website will always be uninterrupted, secure, or error-free. Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
Limitation of liability
To the fullest extent permitted by law, Nom! Nom! and its officers, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, lost profits, or lost data arising from the website or an order. Our total liability for a claim relating to a purchase will not exceed the amount you paid for the affected order. These limits do not apply where prohibited by law.
Indemnification
To the extent permitted by law, you agree to indemnify and hold Nom! Nom! harmless from claims, losses, and reasonable expenses arising from your misuse of the website, violation of these Terms, or infringement of another person’s rights.
Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute not resolved informally will be brought in a court of competent jurisdiction serving Los Angeles County, California, unless applicable law requires otherwise.
Changes and severability
We may update these Terms by posting a revised version with a new date. Changes apply prospectively. If any provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver.
Contact
Questions about these Terms may be sent to info@nomnomcupcakes.com or Nom! Nom! Factory, 1141 Maynard Drive, Duarte, CA 91010.