Terms & Conditions – Retail customers


This section sets out Sweet by Nature’s terms & conditions.

Please read these terms and conditions carefully as they form part of your agreement with Sweet by Nature Pty Ltd. By accessing our website, registering as a customer or ordering products, you agree to comply with these terms and conditions. If you require clarification or have any questions please contact our team on 61 3 9456 9300 (8am to 3.30pm Monday to Friday).

Sweet by Nature may modify these terms and conditions from time to time in order comply with changing legislations and to provide the highest level of service and protection to our customers. Please check these terms for any changes before you order.

Becoming a Customer

In order to become a customer with Sweet by Nature, you must:

  • be aged 18 or older
  • provide a home delivery address / not a P.O Box
  • provide a current delivery address that is located within one of our delivery areas, or otherwise pick up your order
  • you may also open an account as a company, partnership or ABN holder

You will be advised if your delivery address falls outside one of our delivery areas. We will try our hardest to ensure that we can arrange something for you so please contact us.

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. If you change your address or contact details please advise us, otherwise we may be unable to deliver your order to you, or may deliver to your previous address.

When creating an account with Sweet by Nature you will need to provide all relevant details, including a contact person, delivery address and contact phone number. You will be issued with a customer code, username and password to access your online account. You are solely responsible for maintaining the confidentiality of your log in details, and as such, are responsible for who might use them to access your account.

You must tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password. You may update or edit your account at any time through our website or by contacting our customer service team.

You may not have more than one active account, and your account is non-transferable. You may be refused an account or orders at the sole discretion of Sweet by Nature. Sweet by Nature may at its sole discretion terminate your account or services at any time or refuse access to our website at our discretion.

Viewing your Account: Once you have registered and logged in, you can view all your past orders online. This makes re-ordering quick and easy.

Unfortunately no person under the age of 18 years may purchase Goods. If you are under 18, please ask with an adult to make your purchase.

 We may contact you

By signing to become a customer of Sweet by Nature or otherwise using the Service you agree that Sweet by Nature may contact you (including by email, SMS, telephone or such other means) in relation to:

  •  the delivery service, your account, any products, or your order
  • any marketing or promotion which we conduct, special products or VIP specials being offered, Sweet by Nature newsletters or publications

We will not sell or give your information to any third party, or otherwise provide your details to another company without your consent. To limit our marketing or promotional contact with you, please phone or email our customer service team.

Orders and Delivery – Retail customers

Placing an Order

Orders can be placed through our website, or via our customer service team. Orders can be once off or a regular weekly/fortnightly order.

When you place an order, you agree to purchase the particular products from us for the price (including any applicable charges and taxes) stated at the time you place the order, except as advised.

You will be asked to confirm your order and account details each time you place an order.

The ordering options are:

• Phone: 61 3 9456 9300

• Fax: 61 3 9456 9033

• E-mail: sales@sweetbynature.com.au

• Online: Register and create an account at www.sweetbynature.com.au and order online. Wholesale customers please contact us so we can set up the appropriate account for you.( A wholesale customer is defined as a registered food business that is buying the product to onsell to its customers, or otherwise have a suitable foodservice type business.)

Public Holidays: Please note that we are closed on public holidays. We request that customers place orders as early as possible to ensure you have sufficient stock levels.

Receiving your Order

We will deliver to metro Melbourne, Geelong and to many areas within Victoria, but do not deliver to interstate or to international locations. We require a street address for delivery – unfortunately we cannot deliver to a P.O. Box. If you are unsure whether we provide delivery to your area, please email us on sales@sweetbynature.com.au or call Paul, head of our logistics team on 0412 333 847.

The minimum amount of lead time required for retail orders is two business days. Cakes can sometimes be completed with less notice, depending on the cake that you require. However at peak times of the year, we may be unable to complete cake orders with less than two days’ notice. Please call us to discuss you needs, as we will always try to accommodate you if we can.

Our office is open for order processing from Monday to Friday from 8am until 3pm. Since our office is closed on the weekend, all orders requiring delivery on Saturday must be in by 2pm Thursday and the first day for delivery for orders placed on the weekend is Tuesday.

We understand that sometimes you may need your order sooner than 48 hours or delivery at specific times. We will make every effort to accommodate these requests.

All deliveries are made between 7.00am to 4.00pm Monday to Friday. Limited service available Saturdays. Please note at this point in time we do not deliver on Sundays or on public holidays. Our Saturday deliveries are limited to certain areas so please enquire and we will let you know.

The locations we can deliver to may change from time-to-time. Please call our sales team to find out if we deliver to your location.

Cost of delivery

Orders incur a delivery charge calculated on a per order basis and according to your delivery address. As an indication of delivery costs, we provide some examples below:  Please add 10% GST to these prices.

  • deliveries within 10kms of our kitchens - $15 per delivery
  • deliveries between 10km and 25kms from our kitchens - $20 per delivery
  • deliveries over 25kms from our kitchens - $25.00 per delivery
  • Country Victoria – call for a quote

You will have the opportunity to view the delivery charges(based on the postcode you have entered) on your order at the checkout stage before you complete your order and make payment.

Remember, you can always pick up orders from our premises in Heidelberg West if you wish. We would love to see you, and you might like to pick up a delicious fair trade coffee and a box of offcuts or seconds that are only available through our Naturelover’s cafe.

Changing Your Order

We need 48 hours notice to bake and deliver your order. We also need 48 hours notice for any changes to, or cancellation of your order. You are able to change or cancel an order without charge or penalty at any time prior to 48 hours before delivery. No changes or cancellations will be accepted after these cut off times.

You must pay for products (including any delivery fees and taxes) which you have ordered,even if you cancel or change orders after these cut off times.

Receiving your Products

You will receive the products to the delivery address you provide. Your deliveries will arrive in a foam box with dry ice. If necessary, Sweet by Nature will contact you shortly before delivery to arrange a suitable delivery time and delivery location (where reasonable) at your address. Please ensure that your requested delivery location is free from obstructions and is otherwise in a clean and tidy state to prevent any delivery delays. Our drivers cannot deliver past your front door or reception area. If you order products to be delivered at an office or business location, you authorise any person at the location to receive the order on your behalf. If you order products from a home address, you authorise any person at the location to receive the goods on your behalf.

If you are unsure if you will be available at the delivery address during the delivery hours, we recommend nominating a work address or address of a family member or neighbour who will be present during the delivery hours.

At the time of delivery, you will be asked to sign a form to acknowledge that the goods were delivered in good and proper condition. Where you have requested that a representative accept delivery of the goods on your behalf, this delivery acknowledgement will be obtained by Sweet by Nature from your representative.

You own and are responsible for all products once they have been delivered to you. Normal deliveries will be left unattended if you have ticked for them to be left. Otherwise our drivers will contact you for instruction. However, if no one is home at the time of delivery, the order may still be left. It is the responsibility of the household to ensure it is collected appropriately. It is your responsibility to be home to receive the goods if you have declared to do so. You will be liable for re-delivery fees should our driver be unable to deliver to you.Please make sure that you check all products carefully against your tax invoice ( available on the website or by contacting our customer service team) and take careful notice of storage instructions, ingredient lists, allergens and any best before or use by dates.

Inability to Deliver

If you are not home to receive your order, having indicated that you wish to do so, or are not contactable, or for reasons beyond our control we cannot deliver to your address (i.e. security entry issues) you will be liable for a re-delivery fee. We will try our best to contact you to avoid this situation, however, the responsibility lies with you to be available for delivery or to otherwise authorise acceptance of the goods being left at your door.

Product Quality Issues / problems

Quality Issues

At Sweet by Nature we pride ourselves on the quality of our produce and offer a 100%satisfaction guarantee to customers. If for any reason you have: received an incorrect item, your whole order has not been delivered, incorrect item/s were delivered or you have received somethingthat you are not 100% satisfied with, we will ensure that the product will be replaced. However you must notify Sweet by Nature via phone within 24 hours of the delivery being made and return the product that you are not happy with.

You can contact us by email to orders@sweetbynature.com.au or by phone to our sales team on 9456 9300 advising that you would like to return goods. If there is an issue with your order please note that you must refrigerate or freeze the cake immediately and return it to us on the next business day if we are to consider a refund.Please include:

  • what product was at issue
  • when you purchased to product
  • full details of the defect or other reason for return.

We will then issue a returns form. If you send goods to us without a returns form, we may not be able to identify sufficient details to enable us to attend to your complaint.

Sweet by Nature prides itself on customer service and will rectify any matter you are unsatisfied with where possible and within reason. Having said that, we are not responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. We do not exchange or refund for change of mind, individual taste preference or incorrect products ordered. In the instance that a product is faulty in some way, Sweet by Nature will replace the product at no additional cost.

We cannot take responsibility for items left out for long periods, (which may affect use by timing), as the customer is responsible for ensuring the product reaches refrigeration as soon as possible after delivery. Please note that risk for loss or damaged product passes to the customer upon delivery of the product(s) by the driver.If your delivery has not arrived within the estimated timeframe, please contact our team on (03)9456 9300 or after hours Paul Misso on 0412 333 847.

Product Availability

Whilst we make every effort to ensure availability of all products in our range, unfortunately we cannot guarantee that goods advertised on our website will be available. Although we will do our utmost to ensure that your order is fulfilled, if a purchase of an unavailable item is made, you will be offered the choice of a full refund, or to choose another product.

If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of cancellation of your order.

Changes to Pricing

From time to time we may need to alter the price of products on our web site. This may result in the prices of the individual products being slightly different from the notified price if you have placed a standing or recurring order. You will be notified of any changes in price and will have the option to cancel or amend your order.

Handling of Cakes

At Sweet by Nature we pride ourselves on the quality of our products. Unfortunately once we despatch our cakes or our customers take them home, a number of factors relating to the care and transportation of the cakes may result in the quality being compromised or damage occurring to the cakes. These factors are beyond our control or responsibility. Handling instructions must be followed in order to avoid compromising the quality, freshness and design. To assist in the care of your cake we have provided information on transporting, storage and cutting of our products. Unfortunately, with all the possible variables, it is not feasible for Sweet by Nature to guarantee the cake quality in every case once it has left our premises.

Variations from pictured items

As cakes are a handmade product some variation to pictures on the website make occur. Cake designs may also be improved over time, therefore the product received may vary from the image on the site. Variations in colour may occur due to variations of colour perception between computer monitors, or the lighting or conditions that the original photo was taken in.

Where items are provided on cakes such as handmade sugar paste items, they are strictly provided as decorations on a cake, if there are any breakages or faults with the items after they are removed from the cake we will not replace these items.

Special & Seasonal Products

Sweet by Nature may offer special or seasonal products. This can include hampers, retail packs, seasonal lines and special offers. From time to time, we may also offer special promotions or customer incentives which provide you with a discounted pricing. These promotions are subject to their own terms and conditions, and will quite often sell out on a particular day due to heavy demands. You will be advised if this product becomes unavailable.

Short & Sweet – The Sweet by Nature newsletter,will detail special offers, discounts and other promotional events. You can subscribe to this newsletter on our website. 

General Restrictions

You must not:

  • use the website for activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  • use the website in any way, or transmit to or via the website any material, whichinterferes with other users or defames, harasses, threatens, menaces or offends any

person or which prevents any other person from using the website ;

  • make fraudulent or speculative enquiries, purchases, or requests;
  • use another person’s details without their permission or impersonate another person;
  • tamper with or hinder the operation of the website;
  • use any mechanism or technique to obtain the details of another customer;
  • knowingly transmit any virus, worm, defect or similar disabling or malicious device to the website;
  • modify, adapt, translate or reverse engineer any portion of the website;
  • remove or alter any copyright, trademark or other proprietary rights notices contained in or

on the website;

  • create accounts by automated means;
  • use the website to violate the security of any computer or other network or engage in illegal conduct;
  • use the website other than in accordance with these terms ; or
  • enable or permit another person to commit any of the above acts.

Intellectual Property Rights

Sweet by Nature owns and is licensed to use all of the Intellectual Property rights on the website, including software, design, text, graphics, layout, content, and materials. We claim copyright on all of the designs and the compilation of all content onour website. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way, communicate to the public or use for commercial purposes, any material on our website without our prior written consent.

This website contains registered trademarks and other trademarks which are protected by law.

You must not use any mark, logo or trademark appearing on the website, or our name, any pictures or graphics or the names of our products without our prior written consent. 

Disclaimer

The information provided on this website is for use of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional advice. No responsibility for loss occasioned to any persons acting on or refraining from action as a result of any material in this publication can be accepted.

You are advised that content may include technical inaccuracies or typographical errors. We will rectify these immediately should you bring them to our attention and would be most grateful to you. Please confirm any pertinent facts or any further specific details with our sales team, who will be pleased to confirm any particulars.

Sweet by Nature will not be held responsible for any loss, damage or injury caused by, or related to, the use of any information contained on this website or arising from supply issues or our service to you or the purchase of our products at any time. In any event, including the event that any obligation on our part is implied into these conditions by law, then our liability is limited to the value of the goods that you have purchased.

We give no warranty and make no representation, express or implied, as to:

  • the adequacy or appropriateness of the products for your purpose
  • any implied warranty or condition as to suitability of the products for a purpose other than that for which the products are commonly used;
  • Whether our website will be compatible with your equipment, software or network connection.

Sweet by Nature will endeavour to ensure that any site linked to or from the pages of www.sweetbynature.com.au will be of suitable content, but is not responsible for the content of these external sites.

Sweet by Nature are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

Privacy Policy

Sweet by Nature values the protection of your privacy, and treats your personal information with the highest levels of confidentiality. We are committed to safeguarding your personal information and will always handle your personal information securely and carefully.

Information that you supply directly, such as through an online order, joining our newsletter database or through general enquiries, is used only to provide the best service to our customers and personal information is always stored securely.All data collected, whether directly or indirectly, is used only by Sweet by Nature and is never provided to any other party without your permissionor to the extent required by law

When placing an order on our website, we record sufficient personal details to confirm your identity, and to ensure we send goods to the correct address. At no time do we record your credit card information on our site.

Sweet by Nature will, on request, provide an individual with access to any information we hold about them. Technology and security measures have been implemented to protect the personal information that we have under our control from unauthorised access. Sweet by Nature will comply with the principles as set out in the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000.

Legal Obligation

We reserve the right to use or disclose any information without notice or consent as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our site and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation as required by law.