General terms and conditions

s.a.m health is a project of the 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. In these General Terms and Conditions (GTC) we regulate the conditions for the purchase of test kits via our online store.

1. scope

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-time consultation. After registration, you will receive a confirmation SMS containing the contact information for the selected checkpoint and instructions for arranging a consultation. The consultation takes place by phone or in person at the selected partner checkpoint and completes the registration process. During the consultation, you will select, among other things, 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 receive an SMS from us about payment options. To do this, click on the link in the SMS or enter the URL in the browser and follow the specified steps for payment. You can change your selection at any time until the order is completed using the buttons provided. The "back" button of your browser will take you to the previous order steps. By clicking on the button "Buy now" you accept our binding offer to conclude the contract.

The contract text is not stored by us after the 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 and the GTC.

In the case of personal consultation at the selected checkpoint, payment and handing over of the test kit can take place on site, depending on stock. Otherwise, the payment steps take place as previously described during the telephone consultation.

After your reminder interval specified in the consultation has expired, you will receive an SMS with a reminder for the next test. The reminder service is part of the test 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. Prerequisite is the prior payment of the purchase price. If we have not specified a delivery time, it is a maximum of 10 days.

Shipping cost is 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. For s.a.m health, the reduced VAT rate for special-purpose enterprises in a registered association (Deutsche Aidshilfe e.V.) applies in accordance with § 12 para. 2 no. 8a UStG. The Deutsche Aidshilfe (tax no. 27 / 027 / 39909) promotes in the sense of §§ 51 ff. AO exclusively and directly 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.

Under certain circumstances, 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 in the counseling interview, the economic situation of the user is used to make the decision for a reduced-price test from the so-called social fund. In the personal counseling interview - on site or by telephone - you inform your counselor that you are interested in a reduced-price test kit. The quota of subsidized tests is limited. There is no entitlement to a discounted test kit.

5. reminder for follow-up test with automatic debit

If you choose to subscribe regularly to 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 payment or cancel further subscription at any time. You can change your selection of automatic debiting and your 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 regularly purchase a test kit with individual payment, i.e. without automatic debiting, you will be reminded of the next chargeable test kit via SMS according to your reminder interval. If you need a test kit, you can make the payment via the payment link and receive the test kit after receipt of payment. Simply ignore the SMS if you currently have no need for 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 by SMS about the test result or a callback request by the selected checkpoint for result notification.

A written notification of results can be made if positive and/or reactive results are available. The sole purpose of this written notification of results is to enable physicians to start any necessary therapy as quickly as possible.

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

The written notification of results is done by the selected checkpoint or s.a.m health (by a PDF file via email). This is only the communication of the results transmitted by the laboratory. A result notification by the laboratory and/or a doctor is not possible due to the anonymous test procedure, as no personal data is communicated to the laboratory.

8. liability for defects

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

9. right of withdrawal

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

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Cancellation policy

Right of withdrawal

You have the right to cancel 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 your right of withdrawal, 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) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you revoke this contract, we shall reimburse you all payments of this order, which we have received from you for this order, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we have received the notification of your revocation of 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; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to ... us or to [insert here, if applicable, the name and address of the person authorized by you to receive the goods]. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

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Model cancellation form

(If you wish to revoke the contract, please complete and return this form).

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 in case of notification on paper)

________________________

Date

________________________

(*) Delete where inapplicable.

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10. exclusion of the right of withdrawal

We point out that a right of withdrawal does not exist 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, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance you may regularly rely, shall remain unaffected. In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical for 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 shall remain unaffected by the above choice of law.

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

The European Commission provides a platform for online dispute resolution (OS): 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