Terms & Conditions of Website Use & Sale

Summary

The full terms below apply if anything differs from this summary.

Topic	In short
Ordering	Orders must be placed on our website (nomocakes.com.au) at least 3 days before the pick-up or delivery date.
Order changes	The date or time of pick-up can be changed once if you email us at least 3 days ahead and we confirm in writing. Within 3 days, order changes are subject to availability and an extra 50% fee to account for additional staffing costs.
Cancellations	Cancellations made at least 3 days ahead of the pick-up or delivery date receive a 50% refund. Cancellations made within 3 days are not refundable.
Pick-up	Collect within the time window you chose. Orders not collected within 30 minutes after that window closes may attract a 50% surcharge to cover additional staffing costs and/or be discarded, with no refund.
Delivery	Delivery times are from 10am to 3pm and specific delivery times cannot be guaranteed. Delivery fees are from $25 and cover the Illawarra and Sutherland Shire.
Appearance	Website images are serving suggestions. We use natural colours and flavours, so there may be natural variation in products.
Allergens	Everything is made in the same kitchen, so we cannot guarantee any item is allergen-free.
Questions	hello@nomocakes.com.au

About Us

NOMO Cakes and Catering (ABN 28 167 949 822) makes custom cakes, cupcakes and catering. We trade online only through nomocakes.com.au.

By placing an order on our website, you agree to be bound by these Terms.

In these terms, "We", "Us" and "Our" mean NOMO Cakes and Catering. "You" means the person placing the order. "Website" means nomocakes.com.au. "Goods" means the custom-made cakes, cupcakes and catering listed on or ordered through the Website.

By browsing or using the Website, you also accept these Terms. If you do not agree with them, you must stop using the Website.

Ordering

All orders must be placed through our Website: nomocakes.com.au.
We do not accept orders by phone, email, social media or in person.
Orders must be placed at least 3 days before your pick-up or delivery date.
Full payment is required at the time of ordering.
After you place your order you will receive an email acknowledging that We have received it. That email is not acceptance of your order. A contract between you and Us is formed only when We confirm by email that We have accepted your order (Acceptance Email), and it covers only the Goods listed in that Acceptance Email.
Please double-check your order details (product, quantity, date, time, pick-up or delivery address, and any allergies) before confirming.
If you provide an incorrect email address or do not reply to our questions, we may need to make decisions on your behalf to complete your order.
You warrant that the information you give when ordering is accurate, correct and up to date, and that you are of legal age to form a binding contract.
Catering orders are subject to these same terms unless we have agreed otherwise in writing.
We may refuse or cancel an order for reasons including product unavailability, pricing or description errors, or problems with payment authorisation, in which case any amount paid will be refunded. An order is not accepted if payment is declined.

Product Information & Appearance

Products shown on the Website are serving suggestions. We use natural colours and flavours, so the appearance of your order may vary from the images.

We use reasonable commercial efforts to ensure that all details, descriptions and prices of the Goods that appear on this Website are accurate. However, listing errors may occur in relation to such details, descriptions and prices (an "Error"). If We discover an Error in relation to any Goods you have purchased, We will endeavour to correct it as soon as practicable.

Images and descriptions of Goods on the Website are indicative and for illustrative purposes only. While We make every effort to display colours and specifications accurately, actual appearance, colours and finish may vary reasonably due to customisation, handcrafting, and seasonal or ingredient variations.

If an item becomes unavailable or out of stock after you have placed an order, We will notify you as soon as possible and provide a full refund or a suitable alternative.

Pick-Up

Pick-up must be within the time window you select when you place your order. Pick-up location details are provided in your Acceptance Email.
If you arrive early, your order may not be ready.
Orders not collected within 30 minutes after your nominated time window closes may attract a 50% surcharge to cover additional staffing costs and/or be discarded, with no refund.
Please check the condition of your order at pick-up and let us know straight away if there is a problem.
Any change to your pick-up time must be agreed in writing by NOMO Cakes and Catering.

Delivery

Deliveries are made between 10am and 3pm. Specific delivery times cannot be requested.
We deliver across the Illawarra and Sutherland Shire. Delivery fees start from $25. If you would like delivery, please email hello@nomocakes.com.au before you order and we will confirm the fee for your address.
Outside that area, delivery may be available for a fee that We agree with you before your order is confirmed.
Delivery fees must be paid in full before dispatch.
It is your responsibility to provide the correct delivery address and contact number. Re-delivery fees apply if the details you provide are incorrect or no one can be reached.
If you are not home, We will contact you and, where it is safe to do so, leave your order in a safe spot (apartment deliveries will be left at the main entrance).
Once your order has been delivered and We have notified you by text, risk in the Goods passes to you, and We take no responsibility for lost, stolen or damaged Goods after that point, to the extent permitted by law.
Please inspect your order on arrival and contact Us promptly if it appears damaged, faulty or not as described. This does not limit your rights under the Australian Consumer Law.
A third-party courier may be used. While We pack every order with care, We cannot guarantee that products will arrive in perfect condition.
Non-delivery must be reported to Us by email as soon as possible. We are not liable for loss or damage caused by delay from our courier or by any event outside our reasonable control, including an incorrect delivery address provided to Us, to the extent permitted by law.

Price & Payment

All prices are in Australian dollars (AUD) unless expressly indicated otherwise, and include GST where applicable.
Website prices apply at the time you place your order.
Orders must be paid in full when placed online.
Payments are processed securely by a third-party payment provider. We do not store your card details. By paying, you agree to be bound by that provider's terms and privacy policy. Once your payment is confirmed, We will email you a receipt.
When you place an order, We carry out a standard authorisation check on your card to confirm there are sufficient funds, and your card is charged at checkout. If We are unable to accept your order, We will refund the full amount paid.
Delivery fees (see Delivery above) are charged in addition to the price of the Goods and will be confirmed with you in writing before your order is accepted.

Amendments & Cancellations

Please check your order carefully before placing it.

Amendments

The date and time of your order can be changed once, provided the request is emailed to hello@nomocakes.com.au at least 3 days before your pick-up or delivery and We confirm the change in writing.
Any other change to your order must also be emailed at least 3 days before pick-up or delivery and confirmed by Us in writing.
Changes requested within 3 days of pick-up or delivery are subject to availability and may not be possible. If We are able to accommodate the change, an additional fee of 50% of the original order price applies to cover staff and ingredient costs.

Cancellations

Cancellations must be emailed at least 3 days before pick-up or delivery to receive a 50% refund.
Cancellations made within 3 days of pick-up or delivery are not refundable.
Refunds are not transferable and will be paid to the original payment method.
Because our Goods are custom-made food products, We do not accept returns or provide refunds or replacements if you change your mind or make an incorrect choice, other than the partial refund for timely cancellations above.

This section does not limit any rights you have under the Australian Consumer Law (see Liability & Australian Consumer Law below).

Allergies & Dietary Requirements

We maintain strict allergen management systems, but all items are prepared in the same kitchen, so We cannot guarantee that any product is free from allergens.
Our products may contain or come into contact with common allergens, including milk, egg, gluten, soy and nuts.
If you or anyone eating your order has an allergy or dietary requirement, please tell us in the notes when you place your order, and email hello@nomocakes.com.au before ordering if you need to check an ingredient.
Customers consume these products at their own risk. Please check all ingredients and allergen information before serving.

Storage, Handling & Food Safety

Once your order is collected or delivered, you are responsible for storing and handling it safely.
Keep cakes and other perishable items refrigerated and away from heat, direct sunlight and a hot car, and follow any storage and serving guidance We provide with your order.
Transport cakes on a flat, level surface.
Remove any non-edible items, such as props, toppers, skewers or supports, before serving.

Liability & Australian Consumer Law

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Subject to those rights, and to the extent permitted by law:

Our liability for loss or damage of every kind, whether arising under these Terms or in any other way relating to the supply, sale or delivery of the Goods (including in tort or contract), is limited to the amount you paid Us for the Goods.
Except for liability for personal injury (including sickness and death), We are not liable for any indirect or special loss or damage.
We are not liable to the extent that a failure of the Goods is attributable to any act or omission on your part.
We are not liable for any delay or failure to fulfil an order caused by events outside our reasonable control that could not have been prevented by reasonable diligence, including forces of nature, severe weather, power or supply outages, illness, epidemic, industrial action, road closures, courier delays and action or inaction by a government agency. In that case We will contact you and offer a suitable alternative or a refund.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is excluded.

If there is a problem with your order, please email hello@nomocakes.com.au as soon as possible, with your order number and photos, and We will work with you to resolve it. If your order has a major fault, We will either provide a refund or replace the affected item in your order.

Copyright & Designs

All products, designs, decorations, photographs and content on the Website belong to NOMO Cakes and Catering. Please do not copy, repost or reproduce them without credit and our written permission. All intellectual property rights in the Website, its content, branding, trademarks, product images, designs and specifications of the Goods remain the property of NOMO Cakes and Catering or its licensors. Nothing in these Terms transfers any intellectual property rights to you.

Using Our Website

Use the Website only for lawful purposes and in line with these Terms.
Do not use automated tools (such as bots or scrapers) on the Website, collect email addresses from it to send unsolicited messages, or frame or link to it without our permission.
If you create an account, you are responsible for keeping your password confidential and for activity under your account. Tell us straight away at hello@nomocakes.com.au if you suspect unauthorised use.
The Website is provided "as is" and "as available". To the extent permitted by law, We are not liable for interruptions, errors, computer viruses, loss of data, inaccurate information, or third-party links on the Website.
We may suspend or restrict your access to the Website, or refuse or cancel an order, if you breach these Terms or any law.

Nothing in this section limits your rights under the Australian Consumer Law.

Disputes

If you have a dispute about your order or these Terms, email hello@nomocakes.com.au with a written description of the dispute and the outcome you want. We will try in good faith to resolve it within 28 days.

If it is not resolved in that time, we will both try mediation with an agreed mediator before either of us starts court proceedings, except where urgent court relief is needed. We each pay our own costs and share the mediator's fees equally, and discussions during this process are confidential.

This section does not limit your rights under the Australian Consumer Law or your right to contact a consumer protection regulator.

Privacy

We collect the personal information you give us when you order, such as your name, email, phone number, delivery address and any allergy or dietary notes. We use it to prepare, deliver and support your order and to meet our legal obligations. We do not sell your personal information. Details of how We handle personal information are in our Privacy Policy on the Website.

General

We may update these Terms & Conditions from time to time. The version on the Website when you place your order applies to that order.
These terms are governed by the laws of New South Wales, and you agree to the exclusive jurisdiction of the courts of New South Wales.
Any notice to Us under these Terms must be emailed to hello@nomocakes.com.au and takes effect when We receive it.
If any part of these terms is found to be unenforceable, the rest continues to apply.
A waiver of any provision of these Terms is effective only if it is in writing and signed by Us. If you breach these Terms and We take no action, We remain entitled to use Our rights and remedies for any other breach.
These Terms are the entire agreement between you and Us and replace all earlier and contemporaneous agreements between us.
These Terms & Conditions are current as of 8 November 2026.

Questions? Contact hello@nomocakes.com.au.