European sperm bank - terms and conditions


EUROPEAN SPERM BANK - TERMS AND CONDITIONS

These Terms and Conditions (the "Terms") govern your purchase of donor sperm, storage services and/or access to donor profile material from European Sperm Bank ApS, Struenseegade 9, 2nd, 2200 Copenhagen N, Denmark, Business reg. no. 27506372, phone no.: +4538343600, email: info@europeanspermbank.com ("ESB"). By purchasing products or services from ESB, you confirm that you are of legal age.

Please read these terms carefully before ordering donor sperm. They include important information about your use of the donor sperm, including information of medical relevance.

1 Donor Enrolment

1.1 Donor Selection and Testing

1.1.1 Donor sperm may be purchased from open (contactable) donors or from non-contact, anonymous donors. The donor sperm may further be provided with only basic information, or – subject to availability and additional payment – additional information about the donor.

1.1.2 Donors providing sperm to ESB are selected and screened in accordance with applicable laws and ESB's internal procedures. The selection criteria comprise a wide range of aspects in terms of age, risk behaviour, medical/family history, physical examination and testing for a large number of hereditary and infectious diseases of the donor candidate. You undertake not to perform or have performed on your behalf any other testing of donor sperm supplied by ESB without ESB's prior written consent.

1.1.3 Procurement and processing of donor sperm is performed in appropriate facilities using appropriate methods to minimise bacterial or other contamination.

1.1.4 The donor has given (and at the time of shipment of the sperm not withdrawn) a written consent to the distribution of the donated sperm.

1.1.5 The count and motility of sperm cells is done in accordance with the WHO standard of Progressive Motility (PM). Sperm counts may vary by up to 20% as a result of human and technical factors such as the individual counting, the laboratory tools used and the time/temperature of thawing.

1.2 Donor Compensation

1.2.1 In money or money's worth, the donor is only reimbursed for reasonable expenses incurred in connection with the donation and for loss of earnings (but not for other costs or inconveniences) up to a maximum of €40 per donation (subject to reasonable adjustments over time).

1.3 Donor Information

1.3.1 ESB will make basic information (race/ethnicity, eye colour, hair colour, height, weight, education and blood type) about the donors available through its website or otherwise. Additional donor information (such as audio interviews, baby photos, personality tests or other tests, extended profile information and staff impression) which may include essential information (e.g. of a medicinal nature), is available for purchase when purchasing donors on name

1.3.2 Information about the donor provided by ESB is – to the best of ESB's knowledge – true and accurate but ESB does not make any warranties in this respect and disclaims any liability for any incorrect or inaccurate information.

1.4 Open Donor Program

1.4.1 Open donors may be contacted by donor children that have reached the legal age of adulthood.

1.4.2 ESB will disclose the identity of an open donor to clinics, authorities and/or donor children only to the extent required by mandatory law in the receiving country and, where relevant, subject to verification of the donor child being an actual child of the open donor in question (e.g. through a DNA test).

1.4.3 ESB may at the request of a donor child of an open donor and subject to verification of the donor child being an actual child of the open donor in question, assist in facilitating contact between the donor child and the donor. However, ESB does not and cannot warrant that the open donor will eventually accept any contact with the donor child.

1.5 Legal Status of the Donor

1.5.1 You acknowledge that the donor is not considered the legal parent of any of the donor children and cannot be held liable for any claims whatsoever on account of the donor's donation of sperm.

1.5.2 You guarantee to claim parenthood and to look after and consider the child, which may be the result of treatment with donor sperm according to this purchase, as your own legal child.

2 Ordering, Cancellation and Payment

2.1 Products and services may be ordered and paid on-line using a credit card accepted by ESB or via e-mail. For donor sperm, payment may alternatively be made by phone (+4538343600) or ESB may issue an invoice, which can be paid through bank transfer or by phone. Donor sperm for which an invoiced is issued will not be shipped (or if applicable transferred to a personal depot or container) or reserved until ESB's receipt of payment. ESB's order confirmations are sent by e-mail.

2.2 If payment for donor sperm/and or storage services is made using a credit card, the payable amount will be deducted at the time where ESB ships or relocates the donor sperm from ESB's main depot to a personal depot or container in your name. The payable amount for access to donor materials will be deducted at the time where you are given access to the material.

2.3 Due to the nature of the product, you do not have a right of withdrawal with respect to donor sperm. However, orders for donor sperm may be cancelled until shipment against a refund of 75% of the purchase price. If you purchase access to additional donor information, you expressly acknowledge that your right of withdrawal will be forfeited from the time where ESB provides you with access to the information. For storage services you have a right to withdraw within 14 days from your purchase by contacting ESB at info@europeanspermbank.com against a refund of 75% of the purchase price. You can use the model withdrawal form in Annex A to these Terms.

3 Storage and Delivery

3.1 Unless agreed otherwise, ESB undertakes to ship (i.e. hand over to a carrier) ordered donor sperm within 10 days from ESB's order confirmation. At your election, ESB may store purchased donor sperm for up to 30 days from the purchase date at no additional cost. Storage beyond 30 days from the purchase date is subject to additional payment. Payment for storage is not refunded.

3.2 Donor sperm will be delivered to the address of an authorized physician or fertility clinic designated by you. You acknowledge that the physician or fertility clinic will act as your representative with respect to the investigation of the delivered donor sperm, return of shipping containers etc.

3.3 ESB is responsible for the quality of the content of shipments - until received by you/your clinic.

3.4 Any shipment will include a packing list containing information such as:

  • Order overview
  • Description of product
  • Instructions/restrictions for use
  • Donor profile, test results, type of release and other specifications
  • Donor Sperm Motility
  • Identification of the responsible person and/or medical director under who’s supervision units were released

3.5 Nitrogen containers/shipping boxes shall remain the property of ESB and shall be returned to ESB without undue delay and no later than 5 days from receipt of the shipment.

4 Quality

4.1 ESB undertakes to deliver donor sperm handled in accordance with applicable Danish law and EU directives relating to donor sperm for human application.

4.2 To the fullest permitted extent, ESB disclaims any other warranties, whether express or implied, including as regards quality, merchantability or fitness for a particular purpose. Without limitation to the foregoing, ESB does not warrant that treatment with the donor sperm will result in a viable pregnancy, nor that a donor child resulting from such treatment will possess any specific characteristics.

4.3 You further explicitly acknowledge that regardless of ESB's testing of the donor sperm (cf. Section 1.1.2), the risk of transmitting a genetic or hereditary disease, disorder or birth defect through treatment with the donor sperm cannot be excluded and ESB disclaims any warranty or liability in this respect. The Danish Act on the Sale of Goods may apply.



5 Regulatory Requirements

5.1 Pregnancy Limits
In order to allow ESB to keep track of pregnancies and not to exceed any national quotas regarding the number of children/families per donor, you shall report any pregnancies or abortions in connection with treatments using donor sperm supplied by ESB to the clinic treating you (or the health care professional supervising you).

5.1.1 You acknowledge that due to the limitations following from national quota restrictions, donor sperm from a specific donor may only be purchased in combination with pregnancy slots which imply that you have the right to conceive - either as many children (a family) with a donor as you may want, or one child only with a donor.

5.1.2 If the clinic treating you documents that treatment with donor sperm purchased under a pregnancy slot has not resulted in a pregnancy and that all purchased donor sperm from the donor in question has been used, you may at your choosing claim either (i) a refund of the price paid for the pregnancy slot (but not for the purchased donor sperm) (ii) replacement of the pregnancy slot with a pregnancy slot in relation to another donor (delivery of donor sperm from such donor us subject to payment) - provided that the clinic confirms the above conditions.

5.2 Adverse Events

5.2.1 You shall immediately notify the clinic treating you (or the health care professional supervising you) about any suspected serious adverse events (e.g. birth defects or potentially hereditary diseases) which may relate to the quality or safety of donor sperm supplied by ESB. You acknowledge that the clinic in that connection may contact ESB and that ESB may communicate with the clinic and/or you directly.

5.2.2 ESB will notify you about adverse events relating to donor sperm purchased by you - only if the donor sperm is stored by ESB and (i) you have not yet designated an authorized fertility clinic, of if (ii) the donor is permanently blocked. In all other cases, ESB will notify the fertility clinic designated by you and the fertility clinic will remain fully responsible for notifying you and/or referring you to genetic testing or medical consultation etc. if relevant.

5.2.3 You are responsible for notifying ESB of any new relevant contact information, to allow ESB to urgently handle notifications concerning adverse events.

5.2.4 The clinic treating you is responsible for ensuring that you are not treated with donor sperm from a quarantined donor and that ESB's list of quarantined or permanently blocked donors is consulted prior to any treatment. You may return donor sperm from a permanently blocked donor in unthawed and undamaged condition, for ESB to exchange for units from another unaffected donor. Exchanged donor sperm will be delivered free of charge – only in connection with the next new booking of donor sperm by your clinic. You are not entitled to return or claim any refunds for donor sperm from a quarantined donor.

5.2.5 Danish regulatory requirements state, that donor sperm from a permanently blocked donor can only be delivered, if it is to be used for a sibling to a donor child already conceived by the use of the donor in question. In such a case, you must give a statement specifying your awareness and acceptance of the potential consequences of using the donor. Continuous use of a permanently blocked donor outside Denmark - is possible only, if in accordance with the directions of the national competent authority. ESB will need a statement from your clinic regarding this.

5.3 Confidentiality

5.3.1 You acknowledge that information about the donor disclosed by ESB is confidential and may include sensitive information about the donor and thus may not be revealed to any third party in any manner, except to the extent required by law or by relevant national authorities. Regardless of the foregoing, you may to the extent necessary in the circumstances disclose information about the donor to the clinic treating you and to donor children of the donor in question. Any other disclosure or publication of information about the donor whether orally, through social media or otherwise may compromise the privacy of the donor and be detrimental to ESB's business and may result in sanctions under civil or criminal law, including claims for damages or tort or in the circumstances imprisonment.

5.3.2 You understand and accept that ESB is required to safeguard the anonymity of non-contact donors indefinitely.

5.3.3 You guarantee that you will not make any attempts to search for or to trace donors, other recipients of donor sperm from the donor, or other donor children of the donor and shall, if a search is nevertheless initiated, indemnify and hold harmless ESB from any loss incurred on that account.
ESB guarantees that any confidential records on you or your donor children that ESB may possess, will be kept strictly confidential and will not be revealed to any third party except as required by law or by relevant authorities.

5.4 Processing of Personal Data

5.4.1 Due to regulatory requirements, ESB may receive and process personal data concerning you (including sensitive health related information), in connection with the clinic's treatment of you with donor sperm supplied by ESB.

5.4.2 If a regulatory requirement – as in the case of adverse reactions related to you or your donor child, you agree to give ESB the right to obtain relevant information from your and the child’s medical files, as well as to give blood samples for testing purposes in order to provide a diagnosis.

6 Limitation of Liability and Indemnification

6.1 ESB expressly disclaims any liability and responsibility for the quality and other characteristics of, and the results of treatment with or other use of, donor sperm supplied by ESB including, but not limited to, unwanted pregnancy, multiple pregnancies, spontaneous abortion, extra uterine pregnancy, stillbirth, genetic or hereditary diseases, disorders or birth defects.

6.2 ESB disclaims any liability for indirect damages and costs, including without limitation expenses for medicine, transport and travel expenses, accommodation, loss of profit, sales or income, loss of time and clientele, or ensuing costs or other indirect losses or expenses.

7 Distribution of Donor Sperm

7.1 You agree not to re-distribute (directly or indirectly) donor sperm supplied by ESB to any other party than the physician or clinic treating you.

8 Choice of Law and Jurisdiction

8.1 These Terms and any orders under the Terms shall be governed and construed by and interpreted in accordance with the laws of the Kingdom of Denmark without regard to its choice of law principles and to the exclusion of the Convention on International Sale of Goods (CISG). Any dispute which may arise in connection with this Agreement, including in relation to its existence or validity, shall be brought before the Danish Maritime and Commercial Court as the court of first instance or, if the Maritime and Commercial Court is not competent to handle the case, the Copenhagen City Court.

Annex A - Model withdrawal form

To European Sperm Bank ApS, Struenseegade 9, 2nd, 2200 Copenhagen N, Denmark, Business reg. no. 27506372, phone no.: +4538343600, email: info@europeanspermbank.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.