Terms and conditions

These terms and conditions (the "Terms") govern the purchase of donor sperm and related services by private (non-professional) individuals (“Client”) from European Sperm Bank ApS ("ESB"), Struenseegade 9, 2nd floor, 2200 Copenhagen N, Denmark, company reg. no. 27506372, for the purpose of fertility treatment.

1. Eligibility of Purchase

1.1. By purchasing products or services from ESB, the Client confirms to be of legal age and agrees to these Terms.

1.2. Purchased donor sperm may only be used for the purpose of fertility treatment and must not be used for any other purposes without the prior written approval of ESB (such other excluded purposes shall include, but not be limited to research, testing, or further distribution or sale).

1.3. Purchases must be made by the person receiving the fertility treatment (the “Recipient”) or their partner (“Partner”) . For the purposes of these Terms, a Partner is defined as a person who is part of the same family unit as the Recipient and who will assume parental rights and responsibilities alongside the Recipient for any potential child conceived using the purchased donor sperm. Purchases cannot be made on behalf of others, such as friends, other family members, or third parties. ESB reserves the right to request documentation confirming that the Client, if not the Recipient, qualifies as a Partner under this definition.

1.4. Legislation requires that ESB only distribute donor sperm to approved tissue establishments, fertility clinics, hospital units, or licensed healthcare professionals (“Designated Clinic”).

1.5. The Client and ESB agree that the ordering of, payment for and delivery of donor sperm in accordance with these Terms do not concern a sale of the donor sperm itself, but a sale of a complete package of donor sperm and related services (including, without limitation, related to donor selection, screening, and testing, processing of the donor sperm in connection with collection and storage, and preparation of required documentation).

2. Donor Screening

2.1. Donors are selected based on screening performed in accordance with Danish legislation and ESB’s internal procedures. This screening process includes assessments of age, medical history, family health, physical examinations, and testing for hereditary and infectious diseases as required by Danish law. Information for the screening procedures are obtained by use of questionnaires and sessions involving the donor and a qualified and experienced healthcare professional.

2.2. No additional screening or testing can be required or requested by the Client. Original test results from the donor will not be shared with private clients under any circumstances. 

2.3. The donor sperm distributed by ESB has been obtained only from donors who have given their voluntary and explicit consent (and who have not, at the time of ordering, withdrawn such consent). The donors are compensated for their donations, in accordance with the permissible levels under national law in the donation country. As ESB does not purchase sperm from the donors, ESB cannot control the frequency or duration of their donations. ESB cannot require a donor to resume or continue donation once they have stopped. Clients are prohibited from making requests that directly or implicitly impose requirements on donors beyond the voluntary nature of their donation.

2.4. The Client acknowledges and agrees that donors cannot be contacted, requested, or compelled to provide medical assistance to any child conceived using their sperm. This includes, but is not limited to blood, bone marrow, organ donation, or any other medical intervention. ESB will not facilitate contact between recipients, offspring, and donors for medical purposes, even in cases of serious illness.

3. Donor Information

3.1. ESB provides certain information about the available donors, including basic details related to ethnicity, eye colour, hair colour, height, weight, education, and blood type. Where permitted under the laws of the donor’s procurement country, additional information, such as audio interviews or baby photos, may be available if provided by the donor.

3.2. The donor information is to the best of ESB’s knowledge accurate, but the information is based on self-reporting by the donors and ESB does not guarantee the accuracy of this information and disclaims liability for any inaccuracies. 

3.3. Clients are responsible for ensuring the donor information meets their needs before purchase. No additional information or updates about the donor can be requested after the ordering is completed.

4. ID Release Donors

4.1. ID release refers to the possibility of a donor-conceived child gaining access to the donor’s identifying information upon reaching legal age or an age defined by national legislation in the treatment country. Upon request from the donor-conceived child of legal age, ESB will disclose the identity of an ID release donor to the donor-conceived child, the treatment facility, competent authority, or national registry to the extent permissible pursuant to applicable law in the treatment country.

4.2. ID release may be subject to verification of eligibility, such as ESB confirming that the donor-conceived child is the child of the donor in question.

4.3. If the donor-conceived child resides in a different country than the treatment country, ID release will be governed by the legislation of the treatment country, at the time of treatment.

4.4. Parents (including the Recipient and the Partner) cannot request this identifying information on behalf of the donor-conceived child.

4.5. ESB does not warrant that ID release will result in contact with the donor.

4.6. The donor’s identity is disclosed only upon a specific request from the donor-conceived child and never initiated by ESB. Requests for ID release must be submitted through ESB or relevant national authorities, if applicable. Clients and donor-conceived children must not attempt direct contact with the donor under any circumstances.

5. Legal Status of Donors

5.1. The Client acknowledges and agrees that the donor is not considered a legal parents of the donor-conceived child or children.

5.2. The Client further Acknowledges and agrees that the donor has no legal rights or obligations, now or in the future, towards any donor-conceived children, including, but not limited to, inheritance rights or obligations, child support obligations, visitation rights or obligations, or any other parental responsibilities or claims.

5.3. The Client assumes full legal and parental responsibility for any children conceived as a result of treatments utilizing donor sperm obtained from ESB. 

5.4. The donor is under no obligation to respond to or engage with any request for contact from a donor-conceived child.

6. Storage and Quality

6.1. Donor sperm is processed and stored by ESB in compliance with Danish legislation and ESB’s internal quality control procedures.

6.2. The donor sperm is preserved in cryogenic containers (“Straws”) designed to preserve quality and safety of the sperm during transport and storage.

6.3. The stated quality of the donor sperm (sperm count and motility) is guaranteed by ESB within a margin of ±20% due to natural and technical variations.

7. Pregnancy Limits

7.1. Some countries have in place national quotas for the number of viable pregnancies that may be conceived based on donor sperm from a donor, and/or quotas on the number of families that may be based on a donor.

7.2. ESB monitors and records reported pregnancies resulting from each donor through ESB´s internal pregnancy slot system and, where required, national registries. Therefore, the purchase of a Pregnancy Slot will be imposed by ESB as further specified in the separate Pregnancy Slot agreement.

7.3. Any pregnancy without a valid Pregnancy Slot may fall outside the regulatory requirements of the treatment country and will therefore be treated as non-compliant under these Terms. 

7.4. To support the Designated Clinic’s reporting obligations to ESB, the Client agrees to inform the Designated Clinic without undue delay once they become aware of a pregnancy. The Client must also indicate whether the pregnancy is a sibling pregnancy when providing this notification.

7.5. If the pregnancy limit for a donor is reached, ESB will cease all shipments of donor sperm from said donor to new families. Any incomplete purchase, including unpaid or unshipped orders, at the time where such pregnancy limits are reached cannot proceed.

8. Adverse Reactions, Blocked Donors, and Withdrawal of Consent 

8.1. Although the suitability assessment and screening of potential donors helps reduce the risk of genetic anomalies being passed from a donor to offspring, there will always be a residual risk related to the transfer of genetic conditions from donor to child. If a child develops or otherwise exhibits symptoms of a potential genetic condition, this is referred to as a potential adverse reaction (“Adverse Reaction”).

8.2. The Client must immediately notify ESB of any Adverse Reactions in writing.

8.3. Any reported Adverse Reactions will be thoroughly investigated by ESB's medical staff to determine whether the disease is linked to the donor. When an investigation is initiated, shipments from the affected donor will be suspended until the investigation is resolved.

8.4. If the Adverse Reaction cannot be ruled out as inherited from the donor, the use of his sperm will be permanently blocked. As a result, the donor’s sperm will only be available with restrictions determined by ESB and according to applicable legislation.

8.5. Sperm from a permanently blocked donor may still be used for sibling pregnancies if permitted under applicable national laws and with a statement of informed consent from the Recipient.

8.6. Donors have the right to withdraw their consent for the use of their sperm at any time. This right is inherent in the voluntary and altruistic nature of sperm donation, which is not a transactional arrangement.

8.7. Withdrawal of consent may result in the suspension or cessation of shipments and could affect ongoing or planned treatments with sperm and/or embryos. ESB will notify the Recipient and their Designated Clinic as soon as possible if a donor’s withdrawal of consent impacts their treatment.

8.8. The Client must acknowledge that withdrawal of consent is a donor’s right and agree to this potential outcome when purchasing donor sperm. 

8.9. In the event ESB is notified about the death of a donor, the legality of continuing treatment with their sperm is determined by the laws of the donor’s country at the time of donation, the donor’s consent, the applicable laws of the treatment country, and the Recipient’s informed consent. ESB will assess the legal and ethical requirements in each case and inform the Client of any implications for their treatment.

9. Ordering, Payment, and Right of Cancellation

9.1. Products and services may be ordered and paid online using a wide variety of internationally accepted payment methods. Payment methods will vary by country.

9.2. An order will not be binding on ESB until it is confirmed by ESB in writing.

9.3. If payment for donor sperm is made using a credit card, the payable amount will be charged to the Client’s credit card when ESB confirms the order, and before the related services are commenced.

9.4. Alternatively, ESB may issue an invoice which can be paid through bank transfer. Donor sperm for which an invoice is issued will not be shipped or, if applicable, transferred to your personal Storage, or reserved until ESB has received your payment. Bank transfers are typically processed within 24 hours; however, processing times may vary and could take longer for certain countries due to local banking regulations and processing standards.

9.5. Payment must be received by ESB within seven (7) days of the order being placed. Failure to comply with this payment deadline grants ESB the right to cancel the order without further notice.

9.6. ESB reserves the right to reject any incoming orders. 9.7. Orders of donor sperm can be cancelled within fourteen (14) days of ordering, provided the sperm has not been shipped to the Designated Clinic or to storage at an ESB storage (“Storage”). Notice of cancellation must be submitted to ESB in writing.

10. Shipment and Delivery

10.1. Donor sperm can be shipped either directly to a Designated Clinic or to Storage managed by ESB. ESB will not distribute donor sperm directly to the Client (or the Client’s address) under any circumstances.

10.2. When ordering donor sperm, the Client must identity a Designated Clinic, which assumes full responsibility for the product and the use of the product upon delivery, as outlined in the Designated Clinic’s collaboration agreement with ESB and the agreement made between the Client and their Designated Clinic (‘Treatment Terms’). ESB does not facilitate or verify the Treatment Terms.

10.3. ESB may refuse an order if no agreement exists with the Designated Clinic identified by the Client.

10.4. Following the placement of an order, the Client has thirty (30) days to arrange shipment to the Designated Clinic. If no shipment is arranged within this period, the order will be assigned to Storage, and storage fees will apply in accordance with ESB’s separate storage terms and conditions available on the ESB website.

10.5. The delivery of donor sperm shall be considered as taking place at the address of the Designated Clinic, and the risk for the donor sperm transfers to the Client upon such delivery. For delivery to an ESB storage facility, delivery shall be considered as taking place when delivered at the address of such ESB storage facility, and the risk for the donor sperm transfers to the Client upon such delivery. ESB retains title to the donor sperm until receipt of payment.

11. Replacement

11.1. In the circumstances set out in Clause

11.2, the Client may request to replace the ordered sperm with sperm from a different donor that matches the relevant specifications, such as ID-release status, preparation type, and pricing. This replacement option does not entitle the Client to any reimbursement of the original payment.

11.2. A replacement may be offered only under the following circumstances;
- The chosen donor is permanently blocked, and their sperm can no longer be used for treatment. 
- The donor has withdrawn consent for use of their sperm.
- The donor has passed away.
- Voluntary replacement within three (3) months of purchase (subject to a fee).

11.3. For voluntary replacements under Clause 11.2, the request must be made before the sperm has been shipped from ESB. For donor-related issues under Clauses 11.2, replacement may be offered even if the sperm has already been shipped, provided it has not been used. In all cases, the right to replacement is valid for one (1) year from the date of the Client’s notification.

11.4. No replacement will be issued while the donor is under investigation for a potential Adverse Reaction. 

11.5. Any replacement of donor sperm is governed by the existing agreement and the date on which it was entered into.

12. Refund Policy

12.1. A refund of 75% of the original purchase price is available for up to three (3) years from date of purchase, provided there is a valid, active, and fully paid storage agreement with ESB in place and that the straws have at no point left ESB’s premises.

12.2. Refunds are not available for purchases of a Family15, Family5, and Family1 donor (“Exclusive Donor”). 

13. Resale of Sperm is Not Allowed

13.1. Under no circumstances may the Client, redistribute, or reallocate donor sperm to a third party, or cause, permit or direct any third party to redistribute or reallocate donor sperm to a third party.

14. Confidentiality and Data Protection

14.1. ESB collects, processes and stores personal data about the Client in accordance with the terms and conditions set out in the applicable privacy policy and/or cookie policy.

14.2. The Client must treat any information it comes to know regarding ESB’s business operations, other clients, or donors as confidential.

14.3. The Client must not attempt to identify, contact, or find other recipients or donor-conceived children of the donor. Any such attempts risk breaching the privacy of others, including violating confidentiality agreements. ESB will not assist or be held responsible for any consequences of such breaches, including if legal actions are taken against the Client by affected parties.

15. Limitation of Liability

15.1. The Client acknowledges and agrees that the donor sperm and related services provided by ESB entail inherent risks and uncertainties, including in relation to fertility treatment and outcomes of such treatment. Except as otherwise expressly set out in these Terms, ESB supplies donor sperm and related services on "as is" and "as available" basis.

15.2. To the extent permissible under applicable law, including the Danish Act on Sale of Goods, ESB disclaims liability for any indirect, consequential, or treatment related outcomes and/or damages arising from the purchase or use of donor sperm, including but not limited to; 
- Emotional distress.
- Loss of income.
- Shipment delays or product issues.
- Additional medical or treatment-related costs incurred by the client at the Designated Clinic.
- Pregnancy complications, miscarriages, or multiple pregnancies (e.g., twins or triplets).
- The risk of a child being born with a genetic condition, health issue, or disease, even when resulting from the donor’s genetic material.
- No pregnancy is obtained or the inability of sperm to fertilize an egg.

15.3. ESB’s liability for any direct damages is limited to the amount paid by the Client for the specific purchase of donor sperm. 

15.4. ESB follows Delivered at Place (DAP) Incoterms. Once the donor sperm is delivered to the Designated Clinic, ESB’s responsibility ends, and the Client and their Designated Clinic assumes all liability for handling, storage, traceability, and treatment-related issues.

15.5. ESB shall not be considered in breach of its obligations hereunder and will not be liable for delays in shipment or non-performance arising from circumstances beyond its reasonable control, including, but not limited to, pandemics, strikes, lockouts, natural disasters, armed conflict and/or war. 

15.6. ESB does not provide and cannot be held responsible or liable for medical advice or guidance on fertility treatments. The Client should consult their healthcare provider and/or the Designated Clinic for professional medical guidance.

15.7. ESB does not provide legal advice or assistance in cases of parental disputes, including but not limited to:
a) Disagreements between the Recipient and the Partner regarding parental rights and responsibilities.
b) Ownership or custody disputes over stored donor sperm in cases of separation or divorce.
c) Claims against ESB, the Designated Clinic, or the donor related to legal parentage, inheritance, or child support. 

15.8. For the avoidance of doubt, embryos resulting from use of Straws fall outside the scope of these Terms. ESB has no involvement in decisions related to the storage, ownership, or use of embryos beyond its obligation to regulate pregnancy limits associated with the donor.

15.9. Any and all guarantees are voided if the Designated Clinic uses the Straw for non-intended use, including, but not limited to, using a single Straw for more than one treatment/patient, or use without a valid Pregnancy Slot approved by ESB.

16. Governing law and dispute resolution

16.1. Unless otherwise provided by statutory rules, these Terms and any orders made hereunder, will be governed by and must be interpreted in accordance with the laws of Denmark. Any disputes arising out of these Terms and any orders made hereunder, including regarding the existence, validity or breach of these Terms, will be subject to the jurisdiction of the Danish courts.

17. Contact Information and complaints

17.1. If you wish to contact us, report and adverse reaction, or file a complaint regarding your purchase, please contact us at info@europeanspermbank.com

17.2. If we are unable to resolve your complaint, you may submit it to the Centre for Complaint Resolution at the Danish Competition and Consumer Authority, Nævnenes Hus, Toldboden 2, 8800 Viborg, Denmark, via www.naevneneshus.dk

17.3. If you are a consumer residing in the EU, you may also use the European Commission’s online dispute resolution platform: https://ec.europa.eu/odr

TPL05.28, version 4, Terms and Conditions - Private Clients, valid from 22.01.2026