Effective Date: May 1, 2018
Last Updated: September 26, 2026

These Terms of Use (“Terms”) are a legal agreement between you and Nikki’s Cuisine LLC (“Nikki’s Cuisine,” “we,” “us,” or “our”). They govern your use of https://nikkiscuisinellc.com (the “Site”) and every order you place with us, whether you order on the Site, by text, by phone, or in person.

By using the Site or placing an order, you agree to these Terms, to our Privacy Policy, and to our Refund & Cancellation Policy, which are part of these Terms. If you don’t agree, please don’t use the Site or place an order.

Important: Section 16 contains a binding arbitration agreement and a class action waiver. It requires most disputes to be resolved through individual arbitration rather than in court. You have 30 days to opt out, as explained in Section 16(e).

1. Who We Are

Nikki’s Cuisine LLC is a New York limited liability company. We bake and cook Belizean-style food to order in Brooklyn, New York. We offer local pickup and courier delivery across the New York City area, and ship selected products within the United States.

2. Orders

  • Placing an order is an offer to buy. An order is accepted only when we send you an order confirmation.
  • We may decline or cancel any order, for example if an item is unavailable, a date is fully booked, we suspect fraud, or there’s an error in a price or listing. If we cancel an order you’ve already paid for, we’ll refund you in full as described in our Refund & Cancellation Policy.
  • Cook schedule: many items are made only on scheduled cook dates. The dates and pickup times shown on the Site and in your confirmation are the ones that apply to your order.
  • Custom orders: for custom cakes and catering, any design, quantity, date and price we agree with you in writing (including by text or email) becomes part of your order.

3. Prices and Payment

  • Prices are in U.S. dollars and can change at any time. A price change won’t affect an order we’ve already confirmed.
  • Delivery fees depend on distance and are quoted for each order. Sales tax is added where required.
  • You must pay in full when you order, unless we agree otherwise in writing, for example a deposit on a catering order.
  • If a product is listed at the wrong price, we may cancel the order and give you a full refund, even after we’ve confirmed it.
  • Buy-now-pay-later options, such as Klarna, Afterpay and Affirm, are provided by those companies under their own terms.

4. Eligibility and Accounts

You must be 18 or older to place an order. You’re responsible for the accuracy of the information you give us and for keeping any account login secure.

5. Food, Allergens, and Handling

Please read this section carefully.

  • Allergens: our kitchen handles wheat (gluten), milk, eggs, soy, peanuts, tree nuts, coconut, sesame, fish and shellfish. All of our products are made on shared equipment, in the same kitchen. We can’t guarantee that any product is free of any allergen.
  • “Gluten-free” and “vegan” items are made without those ingredients, but in the same shared kitchen. They are not certified, and they may contain traces of gluten or animal products. If you have celiac disease or a severe allergy, please don’t order from us unless you’ve decided the risk is acceptable for you.
  • Ingredient questions: we don’t answer allergen or ingredient questions by automated message. Contact us directly, and remember that the risk of cross-contact always remains.
  • Handling and storage: our food is perishable. Refrigerate items that need refrigeration as soon as you receive them, and eat them within the time frame we recommend. Once you’ve picked up or received your order, you’re responsible for storing, transporting and serving it safely.
  • Handmade products: size, color, shape and decoration will vary slightly from photos and from one order to the next. Photos on the Site are examples.

6. Pickup, Delivery, and Shipping

  • Pickup: you must collect your order within the pickup window shown on your confirmation. The Refund & Cancellation Policy explains what happens if an order isn’t picked up.
  • Courier delivery: you must give us a correct address and have someone available to receive the order. Delivery times are estimates. Traffic, weather and courier availability can cause delays.
  • Shipping: only products marked “Shippable” can be shipped. Transit times are the carrier’s estimates, not a guarantee.
  • Risk of loss: responsibility for the order passes to you when you or your representative pick it up, when it’s delivered to the address you gave us, or, for shipped orders, when the carrier delivers it.

7. Cancellations and Refunds

Cancellations, refunds, weather exceptions, and claims for damaged or incorrect items are governed by our Refund & Cancellation Policy.

8. Gift Cards and Promotions

  • Gift cards can be used only on our Site or with us directly. They can’t be refunded or exchanged for cash, except where the law requires it. Lost or stolen gift cards can’t be replaced.
  • Promotions and discount codes are subject to the terms stated with each offer. Unless the offer says otherwise, they can’t be combined, have no cash value, and may be withdrawn at any time. Contests and giveaways have their own official rules.

9. Text Messages

If you agree to receive text messages from us, the “Text Messages (SMS)” section of our Privacy Policy applies. That section covers message frequency, rates, and how to reply STOP to opt out or HELP for help. You don’t have to agree to marketing texts to buy from us. Some of our replies may be automated or AI-assisted, as explained in our Privacy Policy.

10. Your Content: Reviews, Photos, and Design Requests

  • When you post or send us a review, comment or photo, you give us a non-exclusive, royalty-free, perpetual license to use, reproduce and display it, with your name or the display name you choose, on the Site and in our marketing. You can ask us to take it down at any time, and we’ll do so within a reasonable time.
  • When you send us an image or design for a custom order, you confirm that you have the right to use it. We may decline designs that include copyrighted characters, trademarks or logos unless you have permission to use them. We may also decline any design we consider offensive.
  • You must not post content that is unlawful, false, defamatory, harassing, or that infringes anyone’s rights. We may remove any content at our discretion.

11. Our Intellectual Property

The Site and its content belong to Nikki’s Cuisine or its licensors, including our name, logo, photos, text, recipes and design. You may use the Site for your own personal, non-commercial use. You may not copy, scrape, reproduce or sell its content without our written permission.

12. Acceptable Use

You agree not to:

  • use the Site for any unlawful or fraudulent purpose, including placing fraudulent orders or using a payment method you’re not authorized to use;
  • interfere with the Site’s security or operation, or try to gain unauthorized access to it;
  • use bots, scrapers or other automated tools on the Site; or
  • impersonate anyone, or give false information.

We may suspend or end your access to the Site, and cancel orders, if you break these Terms.

13. Disclaimers

The Site is provided “as is” and “as available.” We don’t guarantee that the Site will be uninterrupted or error-free, or that its content (including menus, availability and nutritional or ingredient descriptions) is always complete or up to date. To the fullest extent the law allows, we disclaim all implied warranties about the Site. This section does not limit any rights you have by law regarding the food you buy from us.

14. Limitation of Liability

To the fullest extent the law allows, Nikki’s Cuisine is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, arising from your use of the Site or from your order. Our total liability for any claim related to an order is limited to the amount you paid for that order.

None of these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn’t allow us to limit.

15. Indemnity

You agree to compensate us for claims, losses and costs, including reasonable attorneys’ fees, that arise from your breach of these Terms, from your misuse of the Site, or from content or designs you send us that infringe someone else’s rights.

16. Disputes, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT.

a) Talk to us first. Before starting any formal proceeding, send us a written description of the problem and what you’d like us to do, to support@nikkiscuisinellc.com. Most issues are resolved this way. If we can’t resolve it within 30 days, either of us may proceed as described below.

b) Binding arbitration. Any dispute or claim between you and Nikki’s Cuisine that arises from or relates to these Terms, the Site, or any order will be resolved by binding arbitration on an individual basis, not in court. This includes disputes about the scope or enforceability of this section. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at https://www.adr.org. Any in-person hearing will take place in Kings County, New York. You may instead choose to have the arbitration held by phone, by video, or on written submissions only. We’ll pay any filing, administration and arbitrator fees that the AAA Consumer Arbitration Rules don’t require you to pay. The arbitrator can award the same individual relief a court could award.

c) Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also ask a court for an injunction to stop the misuse of intellectual property.

d) No class actions, and no jury. You and we each agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine claims from more than one person. You and we each waive the right to a jury trial. If this paragraph (d) is found unenforceable for a particular claim, that claim will go to court instead of arbitration, and the rest of this Section 16 still applies.

e) Your right to opt out. You can opt out of this arbitration agreement by emailing support@nikkiscuisinellc.com within 30 days of the date you first accept these Terms. Include your name, your email address or phone number, and the statement “I opt out of arbitration.” Opting out doesn’t affect any other part of these Terms.

f) Governing law and courts. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. This arbitration agreement is also governed by the Federal Arbitration Act. Any claim that is not arbitrated will be decided exclusively by the state or federal courts located in Kings County, New York, and you and we both consent to those courts’ jurisdiction.

g) Changes. If we change this Section 16, the change won’t apply to any dispute you notified us about before the change was posted.

17. Changes to These Terms

We may update these Terms from time to time. We’ll post the updated version on this page and change the “Last Updated” date. Changes apply only to orders placed after they’re posted, and your order is governed by the Terms in effect when you placed it.

18. General

  • If any part of these Terms is found unenforceable, the rest of the Terms stays in effect.
  • If we don’t enforce a provision, that doesn’t mean we’ve given up the right to enforce it later.
  • These Terms, the Privacy Policy, the Refund & Cancellation Policy, and any written terms for a custom or catering order are the entire agreement between you and us.
  • You may not transfer your rights under these Terms. We may transfer ours as part of a sale or reorganization of our business.
  • We’re not responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, power outages, or carrier disruptions. When that happens, the Refund & Cancellation Policy explains your options.

19. Contact Us

Nikki’s Cuisine LLC
228 Park Ave S, Ste 395805, New York, NY 10003-1502
Email: support@nikkiscuisinellc.com
Phone: 347-333-3499