s.a.m health is a project of Deutsche Aidshilfe e.V., Wilhelmstr. 138, 10963 Berlin, phone: 030 69 00 87 0, fax: 030 69 00 87 42, e-mail: dah@aidshilfe.de. In these General Terms and Conditions (GTC) we regulate the conditions for the purchase of test kits via our online store.

1. Area of application

For the conclusion of the contract in our online store, the provisions of these GTC apply between us and you. Conflicting, supplementary or deviating GTC shall not apply.

2. Conclusion of contract

Orders are only possible after prior registration on the website https://www.samhealth.de and a one-off consultation. After registering, you will receive a confirmation text message containing the contact information for the selected checkpoint and instructions for arranging a consultation. The consultation takes place by telephone or in person at the selected partner checkpoint and concludes the registration process. During the consultation, you can select a reminder interval after which you will be reminded of follow-up test kits. You can choose between intervals of three, six or twelve months.

After the consultation, you can pay for the test kit on site or we will send you a text message about payment options. To do this, click on the link in the text message or enter the URL in the browser and follow the steps indicated to make the payment. You can change your selection at any time until you complete your order using the buttons provided. Use the “back” button on your browser to return to the previous order steps. By clicking on the “Buy now” button, you accept our binding offer to conclude a contract.

The text of the contract is not saved by us after conclusion of the contract and is not accessible to the customer. You can archive the data of your order and the GTC by saving or printing the data displayed in the last order step as well as the GTC.

Depending on stock levels, payment and delivery of the test kit can be made on the spot during a personal consultation at the selected checkpoint. Otherwise, the payment steps are carried out as described above during the telephone consultation.

At the end of the reminder interval specified in your consultation, you will receive a text message reminding you of the next test. The reminder service is part of the trial offer and cannot be deactivated.

We conclude contracts in German.

3. Delivery

Delivery times stated by us are calculated from the time of our order confirmation. The prerequisite is prior payment of the purchase price. If we have not specified a delivery time, it is a maximum of 10 days.

The shipping costs are included in the total price.

4. Prices and payment processing

All prices are total prices and include VAT and other price components for packaging materials, postage and shipping. The following applies to s.a.m. health in accordance with § 12 para. 2 No. 8a UStG, the reduced VAT rate for special-purpose enterprises in the registered association (Deutsche Aidshilfe e.V.). Deutsche Aidshilfe (tax no. 27 / 027 / 39909) promotes exclusively and directly charitable purposes within the meaning of §§ 51 ff. AO exclusively and directly for charitable purposes. The purchase price is due upon conclusion of the contract. We do not charge additional fees for any payment method. The following payment methods are available for orders in our online store: Credit card, Giropay.

It may be possible to order a discounted test kit. In order to gain access to such a test kit, which is subsidized by third-party funds, certain criteria must be met. In addition to the HIV/STI risk determined during the consultation, the user’s financial situation is also taken into account when deciding whether to take a test at a reduced rate from the so-called social fund. In a personal consultation – on site or by telephone – tell your advisor that you are interested in a discounted test kit. The number of subsidized tests is limited. There is no entitlement to a discounted test kit.

5. Reminder for follow-up test with automatic debiting

If you opt for regular purchase of a test kit with automatic debiting, you will be reminded by SMS seven days before the next chargeable test kit according to your reminder interval and can stop the payment or cancel the further purchase at any time. You can change your selection of automatic debiting and the reminder interval at any time by sending an SMS to s.a.m health.

The reminder service is part of the test offer and therefore a prerequisite for the further purchase of test kits.

6. Reminder for follow-up test for single payment

If you decide to purchase a test kit on a regular basis with individual payment, i.e. without automatic debiting, you will be reminded of the next chargeable test kit by SMS according to your reminder interval. If you require a test kit, you can make the payment via the payment link and the test kit will be sent to you after receipt of payment. Simply ignore the SMS if you do not currently need a test kit. The next reminder will then be sent according to your selected reminder interval. You can change your choice of reminder interval at any time by sending an SMS to s.a.m health.

The reminder service is part of the test offer and therefore a prerequisite for the further purchase of test kits.

7. Notification of results

The user is informed of the test result or a callback request by the selected checkpoint by text message.

A written notification of results may be issued if positive and/or reactive results are available. The sole purpose of this written notification of results is to enable doctors to start any necessary treatment as quickly as possible.

There is no entitlement to a written notification of results in the event of a negative test result. If this is done in writing as a gesture of goodwill in individual cases, this does not give rise to any legal claim to a written notification of results for any future or past/previous test results.

Written notification of the results is sent by the selected checkpoint or s.a.m. health (via a PDF file by email). This is only a notification of the results transmitted by the laboratory. It is not possible for the laboratory and/or a doctor to communicate the results due to the anonymous test procedure, as no personal data is communicated to the laboratory.

8. Liability for defects

There is a statutory right to liability for defects. We shall be liable for material defects and defects of title in accordance with the statutory provisions, without prejudice to any guarantees given by us.

9. Right of withdrawal

Consumers have a right of withdrawal. The following cancellation policy applies to this:

— Start of the withdrawal policy —

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us (Deutsche Aidshilfe e.V., Wilhelmstr. 138, 10963 Berlin, Tel.: 030 – 69 00 87 0, Fax: 030 – 69 00 87 42, E-Mail: dah@aidshilfe.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you for this order, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract to … us or to[hier sind gegebenenfalls der Name und die Anschrift der von Ihnen zur Entgegennahme der Waren ermächtigten Person einzufügen] to be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

— End of the withdrawal policy —

— Beginning of the sample withdrawal form —

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

To Deutsche Aidshilfe e.V., Wilhelmstr. 138, 10963 Berlin, Tel.: 030 – 69 00 87 0, Fax: 030 – 69 00 87 42, E-Mail: dah@aidshilfe.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

________________________ Ordered on (*)/received on (*):

________________________ Name of the consumer(s)

________________________ Address of the consumer(s)

________________________ Signature of the consumer(s) (only for notification on paper)

________________________ Date

________________________ (*) Delete where not applicable.

— End of the sample withdrawal form —

10. Exclusion of the right of withdrawal

We would like to point out that there is no right of withdrawal for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

11. Liability

Claims for damages are excluded. Excluded from this are claims arising from injury to life, limb or health, from guarantees or under the Product Liability Act, as well as liability for other damages based on an intentional or grossly negligent breach of duty. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely remains unaffected. In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract.

The aforementioned liability regulations also apply to our legal representatives and vicarious agents.

12. Final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you usually reside remain unaffected by the above choice of law.

We are not obliged or willing to participate in arbitration proceedings before a consumer arbitration board.

The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr

Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.

Status of these GTC: December 6, 2022

Sexuelle Gesundheit. Dein Weg.

Unser diskretes Versandtestkit bietet Labortests auf HIV, Syphilis, Tripper (Gonorrhö) und Chlamydien.