Mary Jane Cones North America Inc.

Terms and Conditions

Effective Date: September 7, 2023
Location: Toronto, Ontario, Canada

Welcome to the website of Mary Jane Cones North America Inc. (“Mary Jane Cones NA”, “MJCNA”, “we”, “us”, “our”). By accessing or purchasing from this site, you agree to the following terms and conditions, which apply to all customers who have purchased directly from Mary Jane Cones NA from September 7, 2023, to the present.

1. Orders, Payment, and Delivery

  • All orders are subject to acceptance by Mary Jane Cones NA and may be refused or cancelled at our sole discretion.

  • Full payment is required in advance unless otherwise agreed in writing.

  • Title to goods passes to you upon full payment and release of goods from our facility. Risk of loss or damage transfers to you at the point of shipment.

  • Late payments may result in interest charges at the maximum rate permitted by Ontario law.

2. Limitation of Liability

  • Mary Jane Cones NA is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our products.

  • In no event shall MJCNA be liable for any indirect, incidental, punitive, or consequential damages, including loss of profits or revenue, arising from the use or inability to use the products or website.

  • Our liability for any claim related to your purchase is limited to the amount paid for the specific order in question.

3. Confidentiality and Intellectual Property

  • All pricing, business practices, and proprietary information shared by Mary Jane Cones NA are confidential and may not be disclosed to third parties without our express written consent.

  • All content on this website, including but not limited to text, images, logos, and product descriptions, is the property of Mary Jane Cones NA or its partners and may not be used without permission from a Director at one of organizations listed above.

4. Compliance with Laws

  • You agree to comply with all applicable laws and regulations of Ontario, Canada, and your local jurisdiction regarding the purchase, possession, and use of our products.

  • Our products are intended for legal use only. You are responsible for ensuring compliance with all relevant laws in your area.

5. Amendments

  • Mary Jane Cones NA reserves the right to amend these Terms and Conditions at any time. Updates will be posted on this website and take effect immediately upon posting.

6. Governing Law and Jurisdiction

  • These Terms and Conditions are governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

  • Any disputes arising from your use of this website or purchase of our products shall be subject to the exclusive jurisdiction of the courts of Toronto, Ontario.

7. Remedies and Jurisdiction Clause

  • Any breach, contravention, or non-observance of these Terms and Conditions by any party shall constitute a material default, and Mary Jane Cones North America Inc. shall be entitled, at its sole and unfettered discretion, to pursue all available remedies at law or in equity, including but not limited to immediate commencement of legal proceedings for injunctive relief, damages, and/or specific performance, without further notice to the offending party. The parties irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, for the adjudication of any and all disputes, claims, or causes of action arising out of or in connection with these Terms and Conditions. The Customer expressly acknowledges and agrees that any violation of these Terms and Conditions will be met with the seizure and forfiture of any previously purchased goods regardless of the current delivery status, and immediate litigation in Ontario, and hereby waives any right to contest the jurisdiction or venue of such proceedings

8. Company and Partnership Disclosure

  • Mary Jane Cones North America Inc. is a wholesaler and distributor of pre-rolled cones and smoking paper accessories, headquartered in Toronto, Ontario, Canada. We are North American distribution partners with Amsterdam Cones and Protas Malang Indonesia. These partners are integral to our supply chain and business operations. All terms and conditions outlined on this webpage pertain to all MJCNA offline, or online orders completed by businesses or consumers purchasing goods from Mary Jane Cones North America Inc.

9. Disclaimer of Warranties

  • Mary Jane Cones North America Inc. makes no representations or warranties, express or implied, regarding the products sold, including but not limited to any warranties of merchantability or fitness for a particular purpose.

10. Non-Compete and Non-Circumvention Policy

Non-Compete

  • By using this site and purchasing directly from Mary Jane Cones NA, you agree not to distribute, market, or third party re-sell any MJCNA branded or unbranded pre-rolled cones or smoking paper accessories within Canada or the United States without our written consent, to the fullest extent permitted by Ontario and Canadian law.

  • As a Mary Jane Cones NA customer you may not engage in any business or commercial activity with Amsterdam Cones, or Protas Malang Indonesia, unless you have received our explicit written consent from Mary Jane Cones North America Inc.

Non-Circumvention

  • As a Canadian or American customer, you are strictly prohibited from initiating or maintaining commercial contact—by phone, email, social media, or any other means—with Amsterdam Cones or Protas Malang Indonesia for commercial or business purposes, unless MJCNA has given explicit written consent and is directly involved in such correspondence.

  • Any unauthorized commercial contact with our partners will result in the immediate forfeiture of any active or pending goods pertaining to orders, and purchase orders. Goods associated with such orders from customers in violation of the Comapny’s terms and conditions will not be shipped, even if payment has already been made.

  • The reason for this policy is to protect our business interests; we reserve the right to cancel any order and not fulfill it if these terms are violated, and any goods or payments will be forfeited by the Customer.

11. Manufacturer Representation & Documentation Disclaimer

  • Mary Jane Cones North America Inc. acts solely as a distributor and wholesaler of pre-rolled cone goods and does not directly manufacture the products offered for sale. While we may represent the manufacturer and provide factory-direct pricing, all Certificates of Compliance, Certificates of Analysis, or related product documentation are supplied by our manufacturing partners. Mary Jane Cones North America Inc. makes no independent guarantees or warranties regarding the accuracy, completeness, or validity of such documentation and shall not be held liable for any claims arising therefrom. Any Certificates of Analysis, Certificates of Compliance, or similar documents provided on this site are supplied directly by the manufacturer or third-party laboratories. MJCNA does not independently verify the accuracy of these documents and disclaims all liability associated with them.

12. Disclaimer of Warranties

  • Mary Jane Cones North America Inc. makes no representations or warranties, express or implied, regarding the products sold, including but not limited to any warranties of merchantability or fitness for a particular purpose.

13. Modification of Terms

  • Mary Jane Cones NA reserves the right to update or modify these Terms & Conditions at any time. Continued use of the website constitutes acceptance of those changes.

14. Prohibited Use

  • Our products are not for illegal use, and you’re not responsible if a customer violates local laws. Our products are intended for lawful use only. It is the customer’s responsibility to ensure compliance with local laws and regulations.

15. Shipping & Risk of Loss

1. Transfer of Title and Risk
Title and risk of loss or damage to any products sold by Mary Jane Cones North America Inc. shall pass to the purchaser upon MJCNA’s tender of the goods to the designated shipping carrier at the point of shipment (FOB Shipping Point), regardless of whether MJCNA arranges or pays for shipping. Once the products are in the possession of the carrier, the purchaser assumes all responsibility and liability for loss, theft, damage, delay, or destruction during transit. MJCNA shall not be responsible for any such events and the purchaser shall be solely responsible for pursuing any claims with the carrier.

2. Delivery Terms & Delays
All delivery dates are estimates only and are not guaranteed. MJCNA is not liable for any delays in shipment or delivery arising from carrier issues, customs clearance, natural disasters, labor disputes, acts of war, government interventions, pandemics, or any other circumstances beyond MJCNA’s reasonable control (“Force Majeure Events”). Any such delays shall not constitute a breach of contract or give rise to liability or cancellation rights.

3. Shipping Method & Carrier Selection
Unless otherwise agreed in writing, MJCNA reserves the right to select the method of shipment and the carrier. If the purchaser requests a specific carrier or shipping method, such accommodations shall be made at the purchaser’s sole cost and risk, and any additional costs shall be borne by the purchaser.

4. Inspection & Claims
The purchaser is responsible for inspecting all shipments upon receipt. Any visible damage, shortages, or discrepancies must be reported in writing to both the carrier and MJCNA within 48 hours of delivery. Failure to report such issues within this period will constitute a waiver of any claims related thereto. For latent (non-visible) defects or damage, notice must be provided within 5 business days of discovery.

5. Insurance & Liability
Unless expressly requested in writing and paid for in advance by the purchaser, MJCNA does not provide shipment insurance. If the purchaser desires insured shipping, this must be arranged prior to order fulfillment. MJCNA disclaims all responsibility for the adequacy of carrier insurance and is not liable for denied or underpaid claims by third-party carriers or insurers.

6. Customs, Duties & Import Fees
All shipments are subject to applicable customs duties, taxes, and import regulations. Unless otherwise stated, such charges are not included in the purchase price and shall be the sole responsibility of the purchaser. MJCNA will not be responsible for any delays, seizures, or fines resulting from non-compliance with import laws of the destination jurisdiction.

7. Refused or Undeliverable Shipments
 Shipments that are refused by the purchaser or returned as undeliverable due to incorrect address information, non-payment of duties, or failure to comply with our terms and conditions as outlined on this webpage will be subject to return shipping costs and restocking fees of up to 25% of the invoice value. These fees will be deducted from any eligible refund, if applicable. If any goods were purchased, and our terms and conditions were found to be violated midway through the customer’s order before the goods were delivered, MJCNA reserves the right to forfeit the shipment of the goods to the customer.

8. No Liability for Carrier Performance
MJCNA acts solely as a distributor and does not control the operations of shipping carriers. As such, MJCNA shall not be held liable for carrier performance, including lost, delayed, misdelivered, or damaged shipments, nor shall such issues constitute grounds for chargebacks, withholding payment, or termination of the sales agreement.

16. Applicability of Terms and Conditions

  • Notwithstanding whether these Terms and Conditions were expressly provided, published, referenced, or otherwise made available at the time of purchase, the customer acknowledges and agrees that these Terms and Conditions shall govern and apply in full to all transactions, orders, and agreements for the sale of goods or services by Mary Jane Cones North America Inc. (“MJCNA”), whether conducted online, offline, electronically, verbally, or in writing. For greater certainty, these Terms and Conditions shall be deemed to have been in effect and binding upon the customer with respect to all orders placed with MJCNA on or after September 7, 2023, regardless of whether such orders were made through digital platforms, email, telephone, in-person, or via any other method of communication or procurement. The customer further acknowledges that continued engagement in business transactions with MJCNA, including but not limited to the submission of purchase orders, acceptance of goods, or remittance of payment, constitutes affirmative acceptance of these Terms and Conditions, retroactively and prospectively, and that such acceptance shall be effective as if these Terms had been signed in writing.

17. Refused or Undeliverable Shipments

  • Shipments that are refused by the purchaser or returned as undeliverable due to incorrect address information, non-payment of duties, or failure to accept delivery will be subject to return shipping costs and restocking fees of up to 25% of the invoice value. These fees will be deducted from any eligible refund, if applicable.

18. Shipping Method & Carrier Selection

  • Unless otherwise agreed in writing, MJCNA reserves the right to select the method of shipment and the carrier. If the purchaser requests a specific carrier or shipping method, such accommodations shall be made at the purchaser’s sole cost and risk, and any additional costs shall be borne by the purchaser.

19. Indemnification

  • By purchasing from MJCNA, you agree to indemnify and hold harmless the company from any claims, damages, or expenses arising from your use, resale, or distribution of our products.

20. Accuracy of Information

  • We strive to ensure product information is accurate but make no guarantees regarding completeness or timeliness. Prices and availability are subject to change without notice.

21. Acceptance

  • By accessing this website or placing an order with Mary Jane Cones North America Inc., you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.

For questions or clarifications, please contact steven.grabenheimer@mjcna.com or christopher.ward@mjcna.com before placing your order.