Terms & Conditions

  1. General Conditions

1.1. The company trades through the online shop at URL tufinawatches.com


Tufina LLC
Attn: Privacy Policy
1603 Orrington Ave
Suite 600
Evanston, IL 60201

tufinawatches.com is represented by: Tufina LLC


1.2. These terms and conditions apply to all contracts between Tufina LLC and the customers, who are set up on the online shop.


1.3. Customers of Tufina LLC may be end consumers or retailers.


1.3.1 A consumer is any person who completes a legal transaction, with a purpose which can not be attributed to their business or professional activities.


1.3.2 Under these terms and conditions a retailer is any legal entity or person, or legally responsible partnership, which undertakes a legal transaction in the execution of its business or professional duties.


  1. Creation of the contract; language of the contract


2.1. The presentation of products in the Tufina LLC online shop creates no legal obligation, but displays a non-binding online catalogue. By clicking on "Confirm Order", you issue a binding order relating to the goods in your basket. Confirmation of the receipt of your order, with acceptance of the order, will be issued immediately after you send it, and at the latest within 24 hours, via email from Tufina LLC. The sending of this email confirmation creates the purchase contract.


2.2. The contract language is English.


  1. Storage of the contract text

The text of the contract is not stored after completion of the contract and therefore is not available for the customer to view on the website in his member data. Using the print function of the browser, the webpage with the relevant contractual information can be printed during the order process. In addition Tufina LLC. offers its customers the necessary contractual information in text format.


  1. Prices; Payment terms / Payment methods


4.1. The amounts listed as purchase prices are understood to be the final price and include all pricing elements, including any taxes due. On occasion there can be additional taxes for cross-border deliveries (e.g. in the case of intra-community purchases) and/ or duties (e.g. customs duty), which are to be paid by the customer.


4.2. Payment can be made by advance payment, PayPal, Amazon Payments or Credit Card. The customer chooses their preferred option from the available payment methods. 


4.3. Where Tufina LLC. agrees an advance bank transfer with the customer, the customer is obliged to pay the (whole) amount at the latest within ten days of receipt of the payment demand with no discount. If the customer has not paid by the deadline they will immediately be put in payment arrears with no further explanation.


4.4. The customer may only exercise retention rights if the counter claim relates to the same contractual relationship.


  1. Delivery Conditions; Transfer of risk


5.1. Tufina LLC. will undertake delivery of the purchased article – as long as there is no other agreement with the customer in place – using the delivery method specified to the delivery address registered by the customer.


5.2. We deliver to a lot of countries of the world. 


5.3. Tufina LLC. will ship the purchased article within two working days of successful payment – unless a shorter or longer delivery time has been expressly requested – if Tufina LLC. and the customer have agreed to advance payment.


5.4.1. Tufina LLC. indicates that the risk of accidental loss or damage of the purchased goods passes to the companies selling the goods when they or an authorised person accept the goods, and, for distance selling, to the transport company when the goods are accepted by the delivery person.


5.4.2. For contracts with consumers the risk of accidental loss or damage to the purchased goods only passes to the consumer when the goods are handed over to the consumer; this is also true for distance selling.


5.4.3. The risk of accidental loss or damage to the purchased goods also passes to the customer, even when the customer falls into arrears.


According to the regulations of the Distance Selling Law, buyers have the right to cancel. Where these cancellation rights are exercised by the customer the parties to the contract agree that the user will bear the normal costs of returning the goods, if the price of the item being returned does not exceed EUR 40.00 or, if the price of the items exceeds this amount, the user at the time of cancellation has not yet paid fully or partially for the goods, unless the item delivered does not match the item ordered. Then the user has the right to cancel the contract in accordance with the following cancellation procedure.

Then the user has the right to cancel the contract in accordance with the following cancellation procedure.



You can cancel your contract in writing, without providing any reasons, within a month (e.g. letter, fax, email) or – if you are within the time limit – cancel by sending back the goods (without having worn / used) purchased. The time limit starts from receipt of this instruction in written form, but not before the goods have been received by the buyer (where there is a recurring delivery, not before the first part delivery has been completed) and also not before the requirements of article 246 § 2 in combination with § 1 paragraph 1 and 2 EGBGB as well as our duties in accordance with § 312g paragraph 1 part 1 BGB in combination with article 246 § 3 EGBGB have been fulfilled. To validate the cancellation deadline it is enough to send the cancellation instruction or goods on time. The cancellation instruction should be addressed to:

Tufina LLC
Attn: Privacy Policy
1603 Orrington Ave
Suite 600
Evanston, IL 60201

Consequences of cancellation

In the case of a successful cancellation the payments received by each party must be returned and, where applicable, benefits already taken (e.g. interest) must be repaid. If you are not able to return the service/goods at all or in full or only in a damaged state (e.g. benefits of use), you must pay us compensation. No compensation is due for wear and tear resulting from the acceptance of goods in accordance with the terms and conditions. Compensation must only be paid for use, where you have used the product beyond checking its features and finding out how it works. Under "checking its features and finding out how it works" we mean testing and trying out the product, as would be normal and expected in a physical store. Items that can be packaged up and sent by post are sent back at our risk. You must pay the standard cost of postage, if the goods delivered match the items ordered and if the price of the item to be returned is not more than 40 Euro, or, where the item costs more than 40 Euro, if you have not already paid in part for the item or provided consideration for the item at the time of cancellation. In other cases the return of the goods is free. Items that can not be posted will be collected. Repayments of monies must be completed within 30 days. The time limit starts for you when you send off your cancellation instruction or the item being returned; for us it starts on receipt of the instruction or goods.

End of the cancellation procedure


Until the customer has paid for the goods in full Tufina LLC retains its rights over the goods.

  1. Communication of damage during transportation

The customer will assist Tufina LLC as best they can where damage has occurred during transportation, as regards claims against the relevant transport company and validating insurance claims. In the event of any customer claims, especially those concerning missing goods, these are not impacted by paragraphs 8.1. and 8.2. of these terms and conditions. Nor do these place any time limit on the rights of the customer in accordance with paragraph 9. of these terms and conditions.

8.1. The customer will check the goods delivered. Where transportation damage can be seen externally the customer is still obliged to accept the delivery, but to make note of the damage on the despatch documents on acceptance and to request a receipt from the delivery man; the packaging should be retained.

8.2. If the (partial) loss or damage is not visible from the outside, the customer must notify Tufina LLC within five days of delivery or the delivery company within seven days, to ensure that eventual claims against the delivery company can be filed on time.

  1. Warranty conditions

Where the goods sold are lacking, the conditions of the guarantee applies.

  1. Our Liability

10.1. Tufina LLC is liable, according to the legal regulations, for death or personal injury caused by our gross negligence or wilful misconduct or for other losses, caused by our wilful misconduct or gross negligence or fraudulent misrepresentations. In addition there is no limit on the responsibility of Tufina LLC for losses covered by liability according to current regulations, such as the German Product Liability Act, or resulting from the taking over of warranties.

10.2. Tufina LLC will only be held liable for losses not covered by paragraph 10.1. and caused by our negligence, insofar as this negligence concerns the fulfilment of contractual conditions, the completion of which is only possible by fulfilling the contract in the normal way and on which the customer may be expected to rely (so-called cardinal sins). The liability of Tufina LLC is however limited to those losses reasonably foreseeable at the time the contract was created.

10.3. Tufina LLC is liable to users in cases of negligence with regards to contractual obligations, not covered by paragraph 10.1. or paragraph 10.2. (so-called immaterial contractual obligations) only where the damage arising is foreseeable and typical of such contracts.

10.4. All further liability is excluded.

  1. Final clauses

11.1. The applicable law is the law of the Federal Republic of Germany.

11.2. The choice of law according to provision 11.1. applies to those users who are completing a contract, not for business or commercial purposes, but does not take away the expected protection afforded them by the legal requirements of the country in which they normally reside.

11.3. The regulations of the United Nations agreement regarding contracts for the sale of international goods are not relevant (UN Convention on Contracts for the International Sale of Goods).

11.4. The exclusive court of jurisdiction for all disputes arising from this contract is that of the business headquarters of Tufina LLC, as long as the customer is a business man, a legal person under public law or a special investment fund under public law. If a customer as a business has no general court of jurisdiction in Germany or if the domicile or usual place of residence of the business is not known at the time the dispute arises, the only court of jurisdiction will be that of the Tufina LLC company headquarters. Tufina LLC reserves the right to call on another legal jurisdiction if required.

In connection with the sale of batteries or accumulators or with the supply of appliances that contain batteries or accumulators, we are obliged to make you aware of the following, in accordance with the Battery Act:

Batteries must not be disposed of in household waste. As the end consumer you are legally required to hand in used batteries. After use you can return batteries to the store of purchase or a collection point nearby (e.g. at community recycling stations) without charge.

Batteries and accumulators that are required to be marked as such will have one of the following symbols: a wheelie bin with a cross through it or the chemical symbol for classification as harmful heavy metal. Both symbols mean the same.


Tufina LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, i f you discontinue the use of your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.


Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@tufinawatches.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Chicago, Illinois before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Tufina LLC's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

If you have any questions regarding privacy, please read ourprivacy policy.