Terms & Conditions


These are the Terms and Conditions of C.R MARTIN & E.J MARTIN trading as WIX & CINDER (ABN 16 281 389  901) (“Wix & Cinder”, “we”, “us”) on our website located at https://wixandcinder.com.au, which is owned and  operated by us (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy  Policy, all of which can be found on our Website. 

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied  in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read,  understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or  any purchase you make through the Website, please don’t hesitate to get in touch with us. 


While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may  occur (for example, a pricing error or stock availability issue).  

Please note that when you submit an order through the Website, no agreement is formed until we process and accept  your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock  error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example,  placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill  your order, we’ll process a full refund as soon as practicable.  


You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of  accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may  do so at any time on notice, and that such notice is given by us posting the updated price on our Website. 

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below)  is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a  request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then  you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately  stop delivery of any goods unpaid for unless and until we receive your payment in full. 

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become  insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or  terminate this agreement. 

We currently accept payments by credit card, AfterPay.  

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway  or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites.  You understand that these services are provided by third parties, and are made available to you on our Website for  convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an  issue with a third party provider on our Website, please contact them directly. 


We may offer discounts or coupon codes from time to time.  

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two  promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).  

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that  the offer was first made, or until stocks last (whichever occurs first). 

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.  Coupon codes are non-transferable and are not redeemable for cash under any circumstances.  We reserve the right to revoke any discount offer or coupon code at any time without notice. 

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We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If  we do so, the grant of store credit is subject to the terms of this agreement. 

Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.  

You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the  Website, you’ll need to create one prior to store credit being provided.  

Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be  unable to be redeemed, replaced or refunded. 

Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance  remaining after redemption. 


We sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our website.  

It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the  intended recipient.  

Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.  

Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for  cash or applied toward any special, promotion or discounted offer. 

Voucher Expiry 

Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless: 

  • the voucher is able to be reloaded or topped up 
  • it has been donated for promotional purposes 
  • it is available only for a specified period 
  • it has been supplied at a genuine discount 
  • it is part of an employee reward scheme 
  • it is part of a customer loyalty program 
  • it is a second-hand gift card 
  • it is part of a temporary marketing promotion 

in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on  the voucher and will expire after that date. 

Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial  balance remaining after redemption. 


We post products to within Australia only. We use delivery service providers like Australia Post, Sendle & Shippit to  help us get our products to you.  

  1. a) Rates 

You agree to pay to us postage fees as calculated at checkout. 

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll  contact you before processing your order to discuss options (such as paying any additional costs or modifying your  order). 

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we  can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the  updated postage fees on the Website.  

  1. b) Dispatch Timeframes 

We process all orders within 3 business days of receipt of payment. Once an order is processed, we’ll do our best to  dispatch orders on the same business day or the next business day. 

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.  You acknowledge that we’re not liable for any delay in dispatch of your order. 

  1. c) Delivery Timeframes

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Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this  is largely dependent on the delivery service provider. As a guide, your orders should arrive within 3-5 business days,  unless advised otherwise.  

  1. d) Delivery Address 

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any  incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due  to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this  agreement and issue a refund in accordance with this agreement.  

  1. e) Orders Lost in Transit 

When we dispatch your order, we will give you a tracking code for you to track the progress of your order. 

If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so  that we can investigate. You understand that while we’ll investigate your missing order, we make no representations  as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you  acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery  service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise  required by law.  

  1. f) Risk 

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless  you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at  that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to  deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be  taken to have been delivered on leaving the order with that person.  

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned  goods. We recommend you insure goods you return to us against loss or damage in transit. 


As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer  malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If  circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch  your order while those circumstances continue. While they continue, we may choose to cancel your order, or  otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to  discuss a suitable solution.  


We may give you advice, recommendations, information or assistance in relation to products on our Website, their use  or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time  but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in  

nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate  professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for  negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide  on our Website, unless otherwise required by law. 


Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule  2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the  ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably  foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of  acceptable quality and the failure does not amount to a major failure.  

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all  other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude  liability for negligence.  

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:  

  • replacement of the product; 
  • repair of the product;  
  • payment of the cost of having the product repaired; or

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  • such other fair and reasonable remedy as we are ready and willing to provide. 

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we  are unable to limit or exclude such loss under the ACL. 

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll  only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.  Please choose carefully as we do not offer refunds for change of mind. 

To make an ACL-related claim, please contact us at wixandcinder@gmail.com. 


We are not required to provide a refund or replacement if you change your mind. Please ensure you check your order  before proceeding to checkout. If your goods are damaged or defective in any way on delivery, please contact us at  info@wixandcinder.com.au within 48 hours of receiving your order. Please include your order number and photos of  the damaged product in your email. Once we have assessed the damage, we will contact you to arrange a suitable  remedy, such as return, exchange, or refund. 

Please note: Wet spots may occur in container candles; this is due to fluctuating temperatures; a wet spot is where the  wax has pulled slightly away from the container due to contraction of the natural soy or coco soy wax in colder  climates; this in no way affects the quality or performance of your candle. Frosting may also occur in soy or coco soy  wax candles and wax melt products as they are made using a natural soy or coco soy wax blend. Frosting is when a  white crystalline layer forms on the surface of the soy wax as the candle tries to return to its natural state. Frosting is a natural effect of soy or coco soy wax and is purely cosmetic and in no way affects the performance or quality of your  candle. Colours and glitters may differ from what you see on our website. 


You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and  after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our  intellectual property rights to you. 


If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you  contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply  and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales (unless  we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within  thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must  do so. 

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this  clause (unless of course we’re seeking interlocutory relief).  


We can change these conditions at any time by updating this document and giving notice to you by posting a copy on  the Website. The changes will take effect immediately on their being posted.  


If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will  be severed, and the rest of the agreement will remain in force. 


We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive  termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods. 


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As we are based in New South Wales, these terms will be governed by the laws of New South Wales. In the event of  any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction  quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute  will be in the courts of New South Wales and courts of appeal from them. 

This document was last updated: 7/09/2021

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