PLEASE READ THESE TERMS CAREFULLY BEFORE ORDERING DONOR SPERM. THE DOCUMENT INCLUDE IMPORTANT INFORMATION ABOUT THE USE OF THE DONOR SPERM BOUGHT FROM LIVIO SPERM BANK (LSB).
Terms and conditions of purchase from Livio Sperm Bank
These terms and conditions (the "Terms") govern your purchase of donor sperm, and/or additional products and services including, but not limited to, genetic products, storage services and/or access to donor profile material from Livio Sperm Bank (LSB), Vestergade 16, st, 1456 Copenhagen K, cvr-nr. 42748552, phone no.: + 45 3267 9010, email: email@example.com By purchasing products or services from LSB, you confirm that you are of legal age and that you will be treated in an approved clinic.
1 Donor recruitment and quality of sperm
1.1 Donor selection and testing
1.1.1 LSB sperm donors are between 18 and 45 years old at the time of donation and represent a general population in the Nordic countries (e.g. different religions, ethnicities, education level, occupation and sexual orientations).
1.1.2 LSB sperm donors purchased are only from open donors.
1.1.3 Donors providing sperm to LSB are selected and screened in accordance with applicable applicable legislation and due to LSB's internal procedures, following the highest ethical and quality standards. The selection criteria comprise a wide range of aspects in terms of age, risk behaviour, medical/family history, physical examination and testing for several hereditary and infectious diseases.
1.1.4 The donor has given (and at the time of purchase of the sperm has not withdrawn) written consent to the distribution of the donated sperm.
1.1.5 You agree not to perform or have any third parties to perform other tests of the donor sperm from LSB without LSB's prior written consent.
1.1.6 Procurement and processing of donor sperm is performed in appropriate facilities using appropriate methods to minimise bacterial or other contamination according European Union Tissue and Cells Directives.
1.1.7 Sperm quality is given in sperm count and motility determined in accordance with the WHO Standard. Sperm counts may vary by up to 20% as a result of human and technical factors.
1.2 Donor compensation
1.2.1 In accordance with altruistic (voluntary and unpaid donation) principles provided by the Council of Europe Convention on Human Rights and Biomedicine and the European Union Tissue and Cells Directives and implemented into current legislation, donors will not be paid for donating sperm. However, Livio Sperm Bank have reimbursed donors for their costs related to the donation.
1.3 Donor information
1.3.1 When purchasing sperm via the LSB website, LSB will make basic information (race/ethnicity, eye colour, hair colour, height, weight and education) about the donors available on the website. Additional donor information (extended profile information) is available in the extended profile if the donor has provided such information and can be purchased by an extra fee. Upon purchase you acknowledge that you are responsible for having reviewed the information related to your chosen donor(s). Purchase of an extended profile cannot be refunded.
1.3.2 All donor information relies on self-reporting by the donor. The information provided by LSB about the donor is – to the best of LSB's knowledge – true and accurate, but LSB does not give any warranties in this respect and disclaims any liability for any incorrect or inaccurate information.
1.4 Open donor programme
1.4.1 LSB will disclose the identity of an donor to clinics, authorities and/or donor children only to the extent required by mandatory law in the receiving country and, where relevant.
1.4.2 LSB does not and cannot warrant that the donor will 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 to be the legal parent of any of the donor children and cannot be held liable for any claims on account of the donor's donation of sperm.
1.5.2 You undertake to assume the whole parental responsibility and to take care of and consider the child, which may be the result of treatment with donor sperm, as your own legal child.
2 Ordering, payment, right of cancellation and period of commitment
2.1.1 Products and services may be ordered and paid online using a credit card accepted by Livio Sperm Bank, via invoice, bank transfer or via email.
2.1.2 Donor sperm for which an invoice is issued will not be shipped or reserved until LSB has received your payment. LSB's order confirmations are sent by email.
2.1.3 Designation of tissue establishment, fertility clinic or licensed healthcare professional as recipients. European legislation requires that LSB only distribute donor sperm to approved tissue establishments (fertility clinics, hospital units or licensed healthcare professionals with an EU approval). As a result, you must designate one of the above to act as a representative on behalf of your to receive the donor sperm. LSB may refuse an order if LSB has not received an agreement with the designated recipient.
2.2.1 If payment for donor sperm and/or storage services is made using a credit card, the payable amount will be charged to your credit card at the time when LSB ships or relocates the donor sperm from LSB's main depot to a personal depot in your name.
2.2.2 Products and services may be ordered and paid online using a credit card accepted by Livio Sperm Bank, via invoice, bank transfer or via email.
2.2.3 Donor sperm for which an invoice is issued will not be shipped or reserved until LSB has received your payment. LSB's order confirmations are sent by email.
2.3 Right of cancellation
2.3.1 We do accept cancellation of your order for donor sperm within 14 days after payment provided that your order has not been shipped.
2.3.2 When purchasing storage services – You may cancel your purchase of storage services within 14 days from the conclusion of the agreement. After the cancellation period, fully paid units may be refunded as specified below: Cancelation within 14 days: 100% of purchase cost Repurchase within 14 days to 36 months: 75% of purchase cost Repurchase within 36 to 48 months: 50% of purchase cost Repurchase within 48 to 60 months: 25% of purchase cost After 60 months no repurchase.
2.3.3 The cost of storage is a separate service and paid as a separate product. Payment for already performed storage will not be refunded.
2.4 Storage of straws/sperm at LSB Storage of your purchased straws are bought as a separate product. You pay for a specified length of storage. When the selected duration of your storage expires you can choose to prolong the duration. It is your duty to inform LSB that you wish to prolong your storage and your duty to provide LSB with your always correct contact details. If you do not contact LSB, nor respond to a contact from LSB, your straws in the storage will be removed and you will no longer have the ownership, or disposal rights, of the purchased straws. There are no reimbursement rights for such straws nor corresponding pregnancy slot, if applicable.
3 Description of the product
3.1 Donor sperm straws are delivered in clear 0.5ml CBS High Security Straws (CryoBioSystem) and specifically manufactured for safe cryogenic storage of biological products in liquid nitrogen.
3.2 One straw/vial contains 0.5ml donor sperm cryopreserved in Nidacon cryosolution. The shelf life is stable when stored at temperatures of < -170˚C.
3.3 Straws are labelled with: Livio Unit code donor nick name donor number (4 digits) lot number (date of collection: DD-MMM-YYYY) MOT2 MOT10 or MOT20
4 Shipment and delivery
4.1 Unless otherwise agreed, LSB undertakes to ship (i.e. hand over to a carrier) the donor sperm within 10 days (see 4.1.1) from LSB's order confirmation. At your choice, LSB may store purchased donor sperm for up to 30 days from the purchase date at no additional cost. After 30 days from the purchase date, the donor sperm passes to storage services and will be payable according to the prices for storage use applicable at any time. These prices are available on LSB's website. Payment for storage is not refunded.
4.2 Damages will not be paid in respect of circumstances that occur during a storage period due to unforeseen incidents (force majeure) and that may affect the stored donor sperm.
4.3 Donor sperm will be delivered to the clinic designated by you. You accept that the clinic will act as your representative in respect of the examination of the delivered donor sperm, return of shipping containers, etc.
4.4 LSB is not responsible for handling any customs clearance or import permits but will be pleased to assist with information.
4.5 LSB is responsible for the quality of the contents of the shipment until your clinic has received it.
4.6 All shipments will include a packing list containing information about the following: Overview of order Instructions for use Donor profile, test results
4.7 If the delivered quantity (number of units) is less than the ordered quantity, LSB may choose to either (i) deliver the shortfall quantity within a reasonable time or (ii) reduce the payable price in proportion to the shortfall quantity.
4.8 If the delivered quantity (number of units) exceeds the ordered quantity, you or your clinic may either (i) return the excess products or (ii) keep the excess products against payment of the applicable price for such products.
4.9 If the delivery of products is materially delayed and this is due to circumstances for which LEB is responsible, you/your clinic may choose to cancel the order with respect to the delayed products subject to written notice to LSB. If you/your clinic suspects that the units may be thawed, you/your clinic must contact LSB prior to returning the products to ensure that they are returned in a proper condition.
4.10 All cryotanks used are validated according to the recommendations of the manufacturer. Cryotanks are fully charged and visually inspected prior to shipment and will maintain a chamber environment of approx. -190°C during the transport period.
4.11 Nitrogen containers remain the property of LSB and must be returned to LSB without undue delay and no later than 5 days from receipt of the shipment.
4.12 All shipments are handled by either LSB or accredited international courier delivery services companies offering worldwide high-quality transport and logistics solutions.
5.1 LSB undertakes to deliver donor sperm processed in accordance with applicable law (depending on donor occupation/country where donated) – as well as EU directives relating to donor sperm for human application.
5.2 To the fullest permitted extent, LSB disclaims any other warranties, whether express or implied, including as regards quality, merchantability or fitness for a particular purpose. Without limitation to the above, LSB cannot 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.
5.3 You further explicitly acknowledge that, regardless of LSB's testing of the donor sperm, the risk of transmitting a genetic or hereditary disease, disorder or birth defect through treatment with the donor sperm cannot be excluded, and LSB disclaims any warranty or liability in this respect.
5.4 Upon receipt of a shipment, you/your clinic must examine the products for any non-conformities. If you/your clinic have/has or should have discovered a non-conformity for which LSB is responsible, notify/notifies LSB accordingly and return(s) the non-conforming products, LSB will within a reasonable time either (i) replace the non-conforming products or (ii) refund the price paid for the non-conforming products. You acknowledge that this could have an impact on your treatment schedule.
6 Regulatory requirements
6.1 Pregnancy limits
6.1.1 In order to allow LSB to keep track of pregnancies/deliveries and not to exceed any national quotas regarding the number of children/families per donor, you must report all pregnancies, abortions and births in connection with treatments using donor sperm supplied by LSB to the clinic treating you.
6.1.2 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. This means that you have the right to conceive either as many children (a family) with a donor as you want, or one child with a donor.
6.1.3 If the clinic treating you reports to LSB that a 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 option, claim either (i) a refund of the price paid for the pregnancy slot (but not for the purchased donor sperm) or (ii) replacement of the Pregnancy Slot with a pregnancy slot from another donor (delivery of donor sperm from such donor is subject to payment), provided that the clinic confirms the above conditions.
6.2 Adverse events
6.2.1 You must immediately notify your treatment clinic of 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 LSB. In this connection, LSB may contact you with follow-up questions.
6.2.2 LSB will notify you of adverse events relating to donor sperm purchased by you only if the donor sperm is stored by LSB and (i) you have not yet designated a Clinic or if (ii) the donor is permanently blocked. In all other cases, LSB will notify the clinic designated by you, and the clinic will remain fully responsible for notifying you and/or referring you to genetic testing or medical consultation, etc., if relevant.
6.2.3 You are responsible for notifying LSB of any new relevant contact information to allow LSB to urgently contact you in the event of adverse events.
6.2.4 Your treatment clinic is responsible for ensuring that you are not treated with donor sperm from a quarantined donor and for consulting LSB's list of quarantined or permanently blocked donors prior to any treatment. Your treatment clinic may, on your behalf, return donor sperm from a permanently blocked donor in an unthawed and undamaged condition to LSB who will then replace it by units from another donor (storage services are also covered by this). The new donor sperm will be delivered free of charge in connection with the next new booking of donor sperm by your treatment clinic. You are not entitled to claim any refund for donor sperm from a quarantined donor.
6.2.5 You acknowledge that, if a donor is quarantined or the national pregnancy quota for the donor is reached, donor sperm from such donor must not be used and LEB is obligated to suspend any shipments.
6.3.1 You acknowledge that information about the donor disclosed by LSB is confidential and may include sensitive personal data about the donor and thus must 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 above, you may disclose information about the donor to the clinic treating you and to donor children of the donor in question to the extent required in the circumstances. Any other disclosure or publication of information about the donor, whether orally, through social media or otherwise, may compromise the protection of the donor's personal data and be detrimental to LSB's business and may result in sanctions under civil or criminal law, including claims for contractual or non-contractual damages or, if the circumstances so warrant, imprisonment.
6.3.2 You warrant that you will not make any attempts to search for or trace the donor, including specific initiatives that may directly or indirectly indicate that you are looking for the donor. If, nevertheless, you initiate such a search, you must indemnify and hold harmless LSB and/or the donor from any direct or indirect loss or distress and inconvenience.
6.3.3 With regards to the above, any search for recipients of donor sperm from the donor, or other donor children of the donor is subject to your own responsibility and discretion. You acknowledge that your search for other recipients or donor children can inflict distress and inconvenience on those parties, for which you can be held responsible.
6.4 Processing of personal data and traceability
6.4.2 If needed for the assessment of an adverse reaction related to you or your donor child, you agree in that LSB can contact you to obtain any relevant information, e.g. by requesting access to your and the child's medical files or blood samples.
6.4.3 In accordance with national regulatory requirements, your personal data will be handled confidentially by LSB and stored under safe conditions for at least seventy (70) years for the purpose of traceability. If required, your personal data may be shared with your clinic, physician and test laboratory.
6.4.4 In the case of discontinuation of all LSB activities, any documentation (including your personal data) will be transferred to another authorised tissue establishment to maintain traceability in accordance with Swedish law.
7.1 LSB 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 LSB, including, but not limited to, unwanted pregnancy, multiple pregnancies, spontaneous abortion, ectopic (tubal) pregnancy, stillbirth, genetic or hereditary diseases, disorders or birth defects.
7.2 LSB disclaims any liability for indirect damages and costs, including, but not limited to, 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.
8 Governing law and jurisdiction
8.1 Unless otherwise provided by mandatory statutory rules, agreements and orders made under these terms are governed by and must be interpreted in accordance with danish law, and any dispute which may arise out of such agreements and orders, including in relation to the existence or validity thereof, will be brought before a competent danish court.
9 Contact information and complaints
9.1 If you have any questions or complaints, please do contact Livio Sperm Bank directly at phone no.: + 45 3267 9010 or by email: firstname.lastname@example.org