
GTC
Last modified: February 6, 2026
§ 1 Scope of application, contract language
(1) These General Terms and Conditions (GTC) apply to contracts concluded between you and us, Deutsche Aidshilfe e.V. (Wilhelmstraße 138, 10963 Berlin), represented by the Executive Board (https://www.samhealth.de/impressum/), via this online shop (see also health).
(2) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any discrepancies between the language versions, the German text shall prevail.
§ 2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country that is not a member of the European Union.
If you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the country in which you have your habitual residence shall remain unaffected.
§ 3 Conclusion of the contract
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
(2) Orders can only be placed after prior registration and completion of a one-time consultation. After completing the online registration, the customer will receive an email containing the contact details of the partner checkpoint selected by the customer and information on how to make an appointment for the consultation. The consultation takes place either by telephone or in person at the selected partner checkpoint, at the customer's discretion. The registration process is completed once the consultation has taken place. Only then can orders be placed.
(3) After completing the registration process, you submit a binding offer to purchase the goods displayed in the order overview (in particular test kits) by clicking on the “Place order” button in the last step of the ordering process. Immediately after submitting the order, you will receive an order confirmation, which does not yet constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by sending a separate email or dispatch the goods. Please check the SPAM folder of your email inbox regularly.
§ 4 Technical steps leading up to the conclusion of the contract and correction of input errors
As part of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity at any time or remove selected goods entirely. Once you have placed goods or services in the shopping cart, clicking on the “Continue” buttons will take you to a page where you can enter your details and then select the shipping and payment method. Finally, an overview page will open where you can check your details. You can correct any input errors (e.g., regarding the payment method, data, or the desired quantity) by clicking on “Edit” in the respective field. If you wish to cancel the order process completely, you can simply close your browser window. Otherwise, after clicking on the “Pay now” confirmation button, your declaration will be binding in accordance with § 3 (3) of these General Terms and Conditions.
§ 5 Storage of the contract text
The contractual provisions with details of the goods ordered and/or services booked, including these General Terms and Conditions and the cancellation policy, will be sent to you by email upon acceptance of the contract offer or upon notification thereof. We do not store the contractual provisions.
§ 6 Registration in our online shop; processing of your personal data
(1) You can only order goods from our online shop as a registered user. As a registered user, you do not have to enter your personal data every time, but can simply log in to your customer account before or during the ordering process using your email address and the password you chose when registering. Registration alone does not constitute any obligation to purchase the goods we offer. When you register, you choose a personal user name and password.
(2) For information on the processing of your data, please read our privacy policy, which you can access at the following link: https://www.samhealth.de/en/privacy-policy/
§ 7 Regular reminders to order a new test kit
(1) During the consultation, you can choose a reminder interval for ordering a new test kit (e.g., every 3, 6, or 12 months, or individually). You can change the selected interval at any time in your account with effect for the future and, for example, set a specific date for the reminder. You can unsubscribe from the reminder service at any time in the future.
(2) If you would like to be reminded to order a new test kit and have activated this function, we will remind you to place your order according to the selected interval. This does not mean that an order will be placed automatically. You must place the order yourself.
§ 8 Prices; Terms of payment; Discounted test kit via social fund
(1) All prices quoted are total prices. They include statutory sales tax and all other price components. We are subject to the reduced sales tax rate pursuant to § 12 (2) No. 8a UStG (German Sales Tax Act), as we are a registered association that exclusively and directly pursues charitable purposes within the meaning of §§ 51 ff. AO (German Fiscal Code) and, in this respect, operates as a special-purpose enterprise.
(2) Costs for packaging, postage, and shipping are included in the prices quoted.
(3) The purchase price is due immediately upon ordering. Payment for the goods is made via one of the payment methods offered during the ordering process.
§ 9 Retention of title
The goods remain our property until full payment has been received.
§ 10 Delivery conditions
We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description.
§ 11 Right of withdrawal; exclusion of the right of withdrawal
(1) As a consumer, you have a right of withdrawal in accordance with the separate instructions provided. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(2) 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 (§ 312g (2) No. 3 BGB).
§ 12 Warranty for purchases of goods; durability of test components
(1) If the goods purchased and delivered in our online shop are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed shall become time-barred within the regular limitation period.
(3) You are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly given such a guarantee for the item sold in individual cases.
(4) The test kits can only be used as long as the test components are durable and usable. The respective expiration dates are affixed or printed directly on the test components. After the expiration date, there is no claim for replacement or exchange of individual components or the entire test kit. A refund of the purchase price after the expiration of the test kit or individual test components is also excluded.
§ 13 Notification of results
(1) We will inform you by email when your test results are available or, if necessary, ask you to call back the partner checkpoint you have chosen to receive your results.
(2) In the event of positive or reactive test results, we can also provide you with a written notification of results. This is intended solely to make it easier for treating physicians to initiate any necessary therapy. Negative test results can be viewed immediately in your account. The written notification of results can be downloaded in PDF format. The written notification of results will be sent by your chosen partner checkpoint or by us in the form of a PDF file via email. It is limited to the transmission of the results provided by the commissioned laboratory.
(3) The laboratory or a physician will not notify you of the results directly. The reason for this is the anonymized testing procedure, in which no personal data about you is transmitted to the laboratory.
§ 14 Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract, and on the observance of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for foreseeable damage typical for this type of contract. The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.
§ 15 Place of jurisdiction; online dispute resolution and alternative dispute resolution; severability clause
(1) If you were domiciled or habitually resident in Germany at the time of conclusion of the contract and have either moved away from Germany at the time we bring legal action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our association in Berlin.
(2) We are not obliged and not willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).
(3) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.