Terms and Conditions
Terms of Service.
The legal contract between you and NativeNicotine.co when you use this site or place an order. Plain-language terms, customer-friendly framing, no buried clauses. Read once, you’ll know how this works.
The short version.
The 8 most important things to know about using this site.
Acceptance of these terms.
By accessing NativeNicotine.co or placing an order, you confirm that:
- You are at least the legal smoking age in your province (19 years old in most provinces, 18 years old in Quebec and Alberta)
- You are a resident of Canada with a valid Canadian shipping address
- You are legally permitted to purchase tobacco and nicotine products in your province or territory
- You have read, understood, and agree to these Terms and Conditions, our Privacy Policy, our Shipping Policy, our Refund Policy, and our Age Verification Policy
- You are not using the site or our products on behalf of a minor
- You will not resell or distribute products to minors or unauthorized parties
If you do not meet these requirements, you must not use this website. Continued use of the site or placement of an order constitutes acceptance of these terms.
Age restrictions.
NativeNicotine.co sells nicotine and tobacco products to adults of legal smoking age in their province or territory only:
- 19 years old in Ontario, British Columbia, Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Newfoundland and Labrador, Prince Edward Island, Yukon, Northwest Territories, and Nunavut
- 18 years old in Quebec and Alberta
By placing an order, you declare that you meet the legal smoking age in your province. Age is verified at two points:
- At checkout: Declaration on the order form
- At delivery: Canada Post requires signature with valid government-issued ID
Providing false information about your age to obtain tobacco or nicotine products is illegal under federal and provincial law in Canada. It will result in immediate order cancellation, refund, and potential reporting to relevant authorities. Repeated attempts may result in being banned from the site.
For complete age verification procedures, see our Age Verification Policy.
Products and legal framework.
What we sell
All products sold on NativeNicotine.co are produced on Canadian First Nations territory by Indigenous-owned and operated facilities. Products include native cigarettes (Canadian Classics, Playfare, BB), nicotine pouches, and nicotine vapes. They are intended for personal use by Canadian adult consumers.
The legal framework
Native cigarettes manufactured on First Nations territory under treaty rights are exempt from federal excise duty and provincial tobacco tax. The legal framework is Section 35 of the Constitution Act, 1982, which recognizes and affirms Aboriginal and treaty rights. These rights predate the Canadian Confederation by over a century and operate parallel to provincial tobacco regulation.
Native cigarettes purchased through legitimate channels with age verification at delivery are legal for adults of legal smoking age in their province to purchase, possess, and consume. They are not contraband. They are not smuggled. They are not produced in violation of Canadian law.
Quantity and pricing
We reserve the right to limit quantities, discontinue products, or adjust pricing without prior notice. Product images are for reference only — actual packaging may vary slightly between production runs. Where significant differences exist between displayed and actual product, our Refund Policy applies.
Resale prohibited
Products purchased through NativeNicotine.co are for personal use only. Reselling, redistributing, or commercially trading purchased products is prohibited and may violate provincial tobacco laws regarding licensed wholesale and retail.
Health warnings.
Tobacco and nicotine products are addictive and harmful to health. Cigarette smoke contains over 7,000 chemicals, including more than 70 known carcinogens. Smoking causes cancer, heart disease, stroke, lung disease, diabetes, and chronic obstructive pulmonary disease (COPD). Smoking during pregnancy harms the fetus. Secondhand smoke harms others. There is no safe level of tobacco use.
By purchasing from NativeNicotine.co, you acknowledge:
- You are aware of the documented health risks associated with tobacco and nicotine use
- You are making an informed personal decision as a legal adult
- You understand that no warranty regarding health effects is implied or made
- You will not hold NativeNicotine.co liable for health consequences of tobacco or nicotine use
Health Canada-mandated warnings are included with all applicable products as required by federal regulation.
If you are trying to quit smoking, free resources are available through Health Canada at canada.ca/quit-smoking or by calling 1-866-366-3667.
Pricing and payment.
Currency and pricing
All prices are listed in Canadian dollars (CAD). Prices include applicable federal GST where required. Prices are subject to change without notice, but the price you see at checkout is the price you pay for that order.
Accepted payment methods
We accept Interac e-Transfer only. Interac e-Transfer is processed through your bank’s secure system and works with every major Canadian bank including TD, RBC, Scotiabank, BMO, CIBC, Tangerine, Desjardins, Banque Nationale, ATB Financial, Vancity, plus most credit unions.
We do not accept:
- Credit cards (Visa, Mastercard, Amex, Discover) — all major credit card networks prohibit tobacco transactions
- Debit cards directly — debit transactions for tobacco products require infrastructure not currently available to online tobacco retailers
- Cash — we operate online only with no cash handling
- Cryptocurrency — not currently supported
- PayPal — PayPal prohibits tobacco transactions on its network
Payment timing
Orders are not processed until payment is received and confirmed. Interac e-Transfer instructions are provided at checkout and in your order confirmation email. Payment must be received within 48 hours of placing your order, or the order will be automatically cancelled.
If you intended to pay but missed the 48-hour window, contact support and we may be able to reactivate the order if products are still in stock at original pricing.
Shipping and delivery.
Detailed shipping terms, delivery times, and procedures are outlined in our Shipping Policy. Key contractual points:
- We ship to all Canadian provinces and territories. We do not ship internationally or to the United States.
- Free shipping on orders of $199 CAD or more (cart subtotal). $25 CAD flat rate on orders under $199.
- Estimated delivery times are guidelines based on Canada Post historical data, not guarantees.
- All orders ship via tracked Canada Post in plain unmarked packaging.
- Signature required at delivery for age verification.
Risk of loss
Legally, risk of loss passes to the recipient when the parcel is handed off to Canada Post. However, NativeNicotine.co voluntarily provides protection beyond what’s legally required: if a parcel is confirmed lost in transit by Canada Post, we reship at no cost. See the Refund Policy for full details on what’s covered.
Risk of loss after successful delivery (parcel signed for and received) is the customer’s responsibility. We are not responsible for theft, damage, or loss after the carrier has completed delivery to the address provided.
Provincial restrictions.
British Columbia: Nicotine pouches
British Columbia restricts the sale of nicotine pouches (Zyn, On!, Velo, etc.) to licensed pharmacies as of 2024. We do not ship nicotine pouches to BC addresses to comply with provincial law. This restriction does not apply to cigarettes or vapes, which ship freely to BC.
If you place an order containing nicotine pouches with a BC shipping address, the pouches will be removed from your order and you will receive a full refund for those specific items. The remainder of your order ships normally.
Customer responsibility for local laws
It is the customer’s responsibility to be aware of any applicable municipal, provincial, or federal regulations regarding tobacco and nicotine product possession or use in their location. NativeNicotine.co is not responsible for ensuring that customer use of products complies with all applicable local laws.
Returns and refunds.
Tobacco and nicotine products are final-sale once opened, per industry-standard health and resale-integrity practices. We do, however, cover legitimate issues:
- Lost packages (Canada Post-confirmed)
- Missing items from delivered orders
- Wrong products shipped (our error)
- Products damaged in transit
- Stale or below-standard freshness
- Defective products
- Payment issues (double-charges, partial payments)
- Orders rejected at delivery (refund minus shipping cost)
Claims must be filed within 7 days of delivery (or expected delivery for missing parcels) via the contact form. Photos required for damage, missing items, wrong products, and freshness claims.
Full details, including what is and isn’t covered, refund methods (replacement, store credit, cash refund via reverse Interac e-Transfer), and the claim process are in our Refund Policy.
Acceptable use.
By using NativeNicotine.co, you agree not to:
- Misrepresent your age or use someone else’s identity to place an order
- Place orders for minors or facilitate underage access to tobacco or nicotine products
- Resell purchased products commercially or in violation of provincial tobacco licensing laws
- Use the site for fraudulent purposes, including but not limited to chargeback fraud, false claims, or identity fraud
- Scrape, copy, or systematically extract content, prices, product information, or other data from the site without written permission
- Use automated tools, bots, or scripts to interact with the site, place orders, or attempt to manipulate inventory or pricing
- Attempt to bypass age verification, security measures, or technical access controls
- Submit false claims regarding lost packages, damage, or product quality
- Engage in abusive conduct toward customer service staff or other users
- Violate any applicable law in connection with your use of the site or our products
Violation of these acceptable use rules may result in immediate order cancellation, account suspension, banning from future orders, and where applicable, reporting to law enforcement or regulatory authorities.
Account terms.
Customer accounts are optional. Guest checkout is available for all orders. If you choose to create an account:
- You are responsible for maintaining the confidentiality of your account password
- You are responsible for all activity that occurs under your account
- You must notify us immediately of any unauthorized use of your account
- One account per person. Multiple accounts to circumvent order limits or restrictions are prohibited
- Account information must be accurate and kept up to date
We reserve the right to suspend or terminate accounts that violate these terms, are involved in fraudulent activity, or are inactive for extended periods (typically 5+ years). Account suspension or termination does not affect already-placed orders that are in progress.
You may close your account at any time by contacting support. Account closure does not delete order records subject to legal retention requirements (see Privacy Policy for details).
Intellectual property.
All content on NativeNicotine.co, including but not limited to text, images, logos, product descriptions, blog posts, brand match guides, province-specific content, design elements, and site code, is the property of NativeNicotine.co or its licensors and is protected by Canadian copyright law and applicable international treaties.
You may not:
- Reproduce, distribute, or republish content without prior written permission
- Use content for commercial purposes
- Modify or create derivative works
- Remove copyright notices or attribution
Limited personal use (e.g., printing a page for your own reference) is permitted. Content you submit (reviews, comments) grants us a non-exclusive license to display and use that content in connection with our business.
Brand names referenced on this site (Players, du Maurier, Belmont, Marlboro, Rothmans, Export A, etc.) are trademarks of their respective owners. References to these brands are for descriptive comparison purposes only and do not imply endorsement, partnership, or affiliation.
Limitation of liability.
To the maximum extent permitted by applicable Canadian law:
- NativeNicotine.co shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the website or purchase of products
- Our total aggregate liability for any claim related to a specific order shall not exceed the amount paid for that order
- Our total aggregate liability across all claims, regardless of cause, shall not exceed the total amount you paid for products in the 12 months preceding the claim
- We make no warranties beyond those expressly stated in these Terms or required by applicable consumer protection law
This limitation does not apply to: liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded under Canadian consumer protection law. Some Canadian jurisdictions don’t allow exclusion of certain warranties, and those provisions take precedence over the language above where applicable.
You agree to indemnify and hold NativeNicotine.co harmless from claims, damages, and expenses (including reasonable legal fees) arising from your violation of these Terms, your misuse of products, or your violation of applicable laws.
Dispute resolution.
Step 1: Contact us first
If you have a complaint or dispute regarding an order, an experience with the site, or these Terms, contact support first. Most issues are resolved within 5 business days at this stage. Many disputes that escalate to formal legal processes could have been resolved with a single email.
Step 2: Good-faith negotiation
If initial contact does not resolve the issue, we agree to engage in good-faith negotiation for at least 30 days before either party initiates formal legal action, except where immediate legal action is necessary to protect rights or prevent harm.
Step 3: Small claims or formal legal process
If negotiation does not resolve the dispute, claims may be brought through small claims court (where the dispute amount falls within small claims jurisdiction in Ontario) or through the Superior Court of Justice for larger disputes. Most order-related disputes are appropriate for small claims, which is faster, less expensive, and accessible without legal representation.
Class action waiver
To the extent permitted by applicable law, you agree that any claims will be brought individually rather than as part of a class action. This waiver does not apply where prohibited by applicable consumer protection law.
Governing law.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada. Any disputes arising from these Terms or your use of NativeNicotine.co are subject to the exclusive jurisdiction of the courts of Ontario, except where applicable consumer protection law in your province requires disputes to be heard locally.
For Quebec residents, certain consumer protection rights under the Civil Code of Quebec and the Consumer Protection Act may apply notwithstanding the Ontario governing law clause above. Quebec consumer protections take precedence where they cannot be contracted around.
Force majeure.
NativeNicotine.co is not liable for delays, failures, or non-performance caused by events beyond our reasonable control, including but not limited to:
- Canada Post strikes, labour disruptions, or service interruptions
- Natural disasters, severe weather, fires, floods
- Pandemics, epidemics, public health emergencies
- Government actions, regulatory changes, court orders
- Internet, hosting, or telecommunications failures beyond our control
- Acts of war, terrorism, or civil unrest
- Supplier failures beyond our control
In the event of a force majeure situation affecting your order, we will communicate updates promptly and offer reasonable accommodations (including refund options) where appropriate.
General provisions.
Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not possible. The remaining provisions remain in full force and effect.
No waiver
Our failure to enforce any provision of these Terms in a specific instance does not constitute a waiver of that provision or our right to enforce it in future instances.
Entire agreement
These Terms, along with our Privacy Policy, Shipping Policy, Refund Policy, and Age Verification Policy, constitute the entire agreement between you and NativeNicotine.co regarding your use of the site and any orders placed. They supersede prior agreements or representations.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a sale, merger, or reorganization of our business, with reasonable notice to customers.
Changes to terms
We reserve the right to modify these Terms with reasonable notice. Material changes will be communicated via email to active customers and posted at the top of this page. Continued use of the website after changes are posted constitutes acceptance of the updated Terms. The “Effective Date” at the top of this page reflects the most recent revision.
FAQ.
I’m 18 in Quebec. Can I order?
Yes. Quebec’s legal smoking age is 18, and Quebec residents who are 18 or older can legally order from NativeNicotine.co. Same for Alberta. The terms reflect the legal smoking age in each province: 19+ in most provinces, 18+ in Quebec and Alberta. Age is verified at checkout (declaration) and at delivery (Canada Post signature with valid ID).
Can I order on someone else’s behalf?
If the recipient is of legal smoking age in their province and the order is for their personal use, yes. Provide their shipping address and they will sign for the parcel at delivery. You cannot order on behalf of a minor under any circumstances. Multiple-recipient orders for shared use among adults is fine; orders intended to facilitate underage access are prohibited.
What happens if my e-Transfer doesn’t go through within 48 hours?
The order is automatically cancelled and any inventory is returned to stock. If you intended to pay but missed the window, contact support and we may be able to reactivate the order if products are still in stock at original pricing. Pricing changes between order and reactivation are not honored.
Can I sue you in small claims court if there’s a dispute?
Yes, if the dispute amount falls within small claims jurisdiction in your province. Small claims is the appropriate venue for most order-level disputes. We ask that you contact us first and engage in good-faith negotiation for 30 days before initiating formal legal action, but this does not waive your right to pursue legal remedies if negotiation fails.
Why is the governing law Ontario?
Ontario is a common choice for Canadian e-commerce because it has well-developed commercial law, accessible courts, and is centrally located. The governing law clause is standard contract practice. Quebec residents retain Quebec consumer protection rights that take precedence over Ontario law where they cannot be contracted around.
What if a section of these terms is unenforceable in my province?
The severability clause means an unenforceable provision is removed or modified to make it enforceable, while the rest of the terms remain in effect. Canadian provincial consumer protection laws (especially Quebec’s) sometimes override standard commercial terms. Where that happens, the consumer protection law applies and the rest of the terms continue to govern.
Can I copy your product descriptions or content for my own site?
No. All content is copyrighted. Limited personal use is fine (printing a page for reference). Commercial use, republication, or systematic copying requires written permission. Brand match guides, province pages, and product descriptions are particularly protected because they represent significant editorial and research investment.
What happens if Canada Post goes on strike?
Force majeure applies. We cannot ship without functioning postal service. During strikes or major service disruptions, we will communicate status updates and may offer to hold orders, refund unshipped orders, or use alternative carriers where feasible. We have no control over carrier labour disputes, but we work to minimize impact on customers.
Can the terms change after I place an order?
The terms in effect at the time you placed your order govern that order. Changes to terms after the fact do not apply retroactively to existing orders. Future orders are governed by the terms in effect at the time of those orders.
What if I disagree with these terms?
Then don’t use the site or place an order. The terms are non-negotiable for individual customers. If you have specific concerns about a particular provision, you can contact support to discuss, but we generally cannot negotiate individual terms.
Real support team.
Most terms-related questions answered within 2 business days. Disputes regarding specific orders are resolved fastest by contacting support directly with your order number.
Effective date: April 28, 2026 · This document supersedes all previous Terms and Conditions. We reserve the right to update these Terms with reasonable notice. Material changes will be communicated via email to active customers and posted at the top of this page.
See related policies: Privacy · Shipping · Refunds · Age Verification