Terms and conditions for Diers Selected donor sperm
DEFINITIONS
These terms and conditions (“TERMS”) supplement any agreement between
Diers Klinik ApS, CVR 33047991, Tissue Establishment no. DK100109 / DK100125 (“DIERS”)
and
The customer (“CUSTOMER”).
A CUSTOMER refers to any natural or legal person who establishes an agreement with DIERS, whether by creating a user profile on DIERS’s website to view donor profile information, or by purchasing any product or service from DIERS.
Intended Parent means the person for whom products/services are purchased.
Treating Clinic means the approved tissue establishment, fertility clinic, hospital unit or licensed healthcare professional designated by the CUSTOMER to receive and use donor sperm (“SPERM UNITS”).
- GENERAL CONDITIONS
1.1 These TERMS apply to all agreements between the CUSTOMER and DIERS, whether entered in writing, online, verbally, or otherwise. By completing a transaction with DIERS, the CUSTOMER accepts these TERMS.
1.2 An agreement is final when DIERS confirms that the products/services can be delivered (e.g., by order confirmation/invoice).
1.3 Prices are shown on DIERS’ website and may change at any time. Written quotations are valid for 30 days unless stated otherwise.
1.4 Payment may be made by card or bank transfer. SPERM UNITS (or related services) will not be shipped, reserved, or moved to storage before DIERS receives full payment. For card payments, the amount may be charged when units are shipped or moved to the CUSTOMER’s storage.
1.5 All order information and communication are provided in English by e-mail. The CUSTOMER is responsible for ensuring DIERS’ e-mails are received (e.g., safe-sender settings).
1.6 DIERS supplies donor sperm and related services only to approved recipients as required by law. Liability relating to medical treatment rests with the Treating Clinic. DIERS accepts no liability for clinical outcomes.
1.7 Contactability. The CUSTOMER must keep contact details up to date and inform DIERS of any change in contact details to allow prompt communication in case of an adverse event. Where reasonably necessary to manage safety or regulatory obligations (e.g., adverse events or quota compliance), DIERS may take proportionate steps to re-establish contact in compliance with applicable law (including use of publicly available registers), without prejudice to data protection rights.
- THE CUSTOMER
2.1 The CUSTOMER confirms not to test or have others test SPERM UNITS without DIERS’ prior written consent, and confirms the CUSTOMER is not a donor or a representative of a competing organisation.
2.2 No cancellation right for SPERM UNITS. Due to the nature of the product and shipment process, orders for SPERM UNITS cannot be cancelled or returned once dispatched. However, we accept cancellation within 14 days of payment if the order has not yet shipped.
2.3 Storage. Storage can be purchased separately for a fixed period as stated on DIERS’ website or in the order confirmation. Storage fees are charged in advance and apply per selected period.
It is the CUSTOMER’s responsibility to keep contact details updated and to inform DIERS in due time if storage is to be renewed. DIERS will normally send a reminder before expiry, but non-receipt of such reminder does not release the CUSTOMER from the obligation to renew on time.
If storage expires without renewal, DIERS may remove any remaining SPERM UNITS without further notice, and all ownership and disposal rights will lapse. No reimbursement or replacement rights apply for SPERM UNITS removed after storage expiry, nor for any associated pregnancy slot.
Storage fees are non-refundable, including where SPERM UNITS are later repurchased under clause 2.5, except where the storage agreement is validly cancelled within 14 days in accordance with clause 2.4.
2.4 Cancellation of storage services. Storage services may be cancelled within 14 days of conclusion of the storage agreement; DIERS will refund storage fees accordingly.
2.5 Buy-back (repurchase) of SPERM UNITS. Within 14 days of purchase, the CUSTOMER may cancel the order for a full refund (see clause 2.2.). After this period, DIERS may repurchase fully paid, unused SPERM UNITS stored at DIERS within 24 months of the purchase date at 75% of the original unit price, provided that there are no restrictions on the relevant donor (for example, if the donor has reached a pregnancy limit). Storage fees are non-refundable. No repurchase is offered after 24 months.
2.6 Traceability & outcome reporting. To maintain traceability and comply with quotas, the CUSTOMER (via the Treating Clinic) must report all outcomes related to treatment with SPERM UNITS, including confirmed pregnancy, multiple pregnancy (e.g., twins), sibling pregnancy, and pregnancy endings (including induced or spontaneous abortion, ectopic pregnancy, and stillbirth), promptly upon becoming aware. Reports must be sent by e-mail to: [email protected]. DIERS may continue to contact the CUSTOMER and/or Treating Clinic until the outcome has been reported.
2.7 Pregnancy quotas and pregnancy slot. National and local quota regulations limit the number of families or children that can be created per donor. DIERS’ internal family limits are described in clause 3.5. DIERS must ensure compliance with these limits, and SPERM UNITS may therefore only be sold where quota capacity remains available.
In some countries, SPERM UNITS from a specific donor may only be purchased together with a pregnancy slot, which grants the right to attempt conception with that donor within the applicable quota rules. A pregnancy slot covers one family unit or one child, depending on local regulations.
The CUSTOMER acknowledges that the right to use SPERM UNITS from a specific donor ceases if the donor’s national or internal family quota is reached before treatment. In such cases, DIERS will suspend any pending shipments, and unused units may be exchanged for units from another donor of comparable type, free of charge.
If the Treating Clinic documents that:
(a) all SPERM UNITS purchased under a pregnancy slot were used,
(b) no embryos remain, and
(c) no pregnancy occurred,
the CUSTOMER may, within 24 months from the pregnancy slot contract date, request either (i) a refund of the pregnancy slot price (excluding the cost of SPERM UNITS), or (ii) transfer of the slot to another donor (new units to be purchased separately).
Embryo donation or continued use of a donor already at quota limit may only occur if permitted by applicable law and with DIERS’ prior written approval.
2.8 Adverse events and reactions.
(a) Reporting obligation.
The Intended Parent must immediately inform the Treating Clinic of any suspected serious adverse event or reaction that may relate to the quality or safety of SPERM UNITS (including congenital abnormalities or suspected hereditary conditions). The Treating Clinic must, in turn, notify DIERS without undue delay. DIERS may request further information for investigation, and the CUSTOMER must cooperate accordingly.
(b) Quarantined or blocked donors.
If a donor is temporarily quarantined, SPERM UNITS from that donor must not be used during the investigation. The CUSTOMER is not entitled to claim any refund for donor sperm from a quarantined donor.
If a donor is permanently blocked, DIERS will inform the Treating Clinic (or the CUSTOMER, if no Clinic is designated). SPERM UNITS stored at DIERS from a permanently blocked donor may be exchanged for other available units of equivalent type and quality. No refund is offered in such cases.
Under Danish law, SPERM UNITS from a permanently blocked donor may only be used for treatment of a sibling to an existing donor-conceived child. Such use requires written confirmation from the CUSTOMER and/or the Treating Clinic acknowledging and accepting the potential risks. Outside Denmark, continued use is only permitted if authorised by the relevant national authority.
(c) Medical records and testing.
The CUSTOMER consents to DIERS and/or the Treating Clinic obtaining and reviewing relevant medical information of the CUSTOMER and any donor-conceived child, and—where necessary for traceability or safety—to providing blood samples or other diagnostic material in accordance with applicable law and data protection rules.
2.9 Resale prohibition. The CUSTOMER must not sell, resell, transfer or otherwise hand over SPERM UNITS to any third party (including clinics/facilities) under any circumstances, whether units are stored at DIERS or elsewhere.
- DONORS AND SPERM UNITS
3.1 Donors have given written consent to distribution of SPERM UNITS. Donations are voluntary and based on altruistic principles. In accordance with applicable law and the EU principle of voluntary and unpaid donation, donors are not paid for their donations. Donor receive a modest compensation fixed by the Danish Patient Safety Authority to cover non-itemised expenses for attendance, loss of earnings and travel.
3.2 DIERS offers ID-release donors only. DIERS will disclose identifying information only where required by law and, for donor-conceived adults, in accordance with applicable rules and verification requirements.
(a) Disclosure to donor-conceived adults. Upon request from a donor-conceived adult who provides sufficient documentation of origin, DIERS will disclose the donor’s identifying information (name, date of birth and last known address) in accordance with applicable law. An administration fee applies to cover verification and facilitation costs.
(b) Contact between donor and donor-conceived. DIERS does not and cannot guarantee that the donor will agree to or accept any form of contact with the donor child in the future.
(c) Legal parentage safeguard. If, due to changes in law or case-law, disclosure could reasonably expose the donor to being deemed a legal parent, DIERS may lawfully decline disclosure.
(d) Death of donor. If DIERS is aware that the donor is deceased, the donor’s identity will not be disclosed; the CUSTOMER undertakes to respect the donor’s anonymity.
(e) Delegation. DIERS may delegate identity disclosure to another authorised tissue establishment/clinic/sperm bank bound by professional confidentiality.
(f) Records retention. DIERS is obliged to retain donor records for at least 30 years after last clinical use. DIERS does not guarantee identity disclosure beyond that retention horizon.
(g) Legal parentage. The donor is not a legal parent of any donor-conceived child and has no parental rights or obligations. The Intended Parent(s) assume full legal and parental responsibility for any child conceived using SPERM UNITS from DIERS.
3.3 Donor information (profiles, characteristics, test attestations) is based on self-reporting and DIERS’ screening under applicable EU/Danish rules. DIERS may update donor information if new relevant knowledge arises. DIERS does not warrant the completeness or accuracy of data.
3.4 Genetic matching (GeneMatch). GeneMatch is an optional add-on service designed to reduce the risk of genetic incompatibility between the CUSTOMER and the selected donor. The test is performed by an external accredited laboratory. The result will be reported as one of the following: No incompatibility observed (Match), Incompatibility observed (No Match), or a specific X-linked condition is observed. Individual genetic reports are not provided.
DIERS may refuse distribution from a donor where a No Match is observed.
GeneMatch does not cover all hereditary or spontaneous mutations, and DIERS accepts no liability for the accuracy, completeness, or medical consequences of the test results.
3.5 Family limits. DIERS complies with all applicable national pregnancy quota regulations. In addition to statutory national quotas, DIERS applies internal family limits per donor: Maximum 6 families in Denmark and a global limit per donor of Max 5, Max 25 or Max 75 families as stated on the donor’s profile. Frozen embryos already created with a donor’s sperm may continue to be used even if the quota is subsequently reached. The CUSTOMER is responsible for checking the applicable limit on the donor profile prior to purchase. For rules on pregnancy slots, see clause 2.7.
3.6 Confidentiality and donor privacy. Donor information disclosed by DIERS is confidential and may contain sensitive personal data. The CUSTOMER must not share or publish such information in any form, including on social media, except as required by law or to the Treating Clinic or any donor-conceived child as permitted by applicable rules. The CUSTOMER must not attempt to search for or contact the donor directly or indirectly. Any breach of this obligation may give rise to liability for damages and exclusion from further services.
- REGULATORY REQUIREMENTS & QUALITY
4.1 Distribution only to approved tissue establishments/clinics or licensed healthcare professionals. DIERS may refuse an order if no agreement exists with the designated recipient.
4.2 DIERS processes and handles SPERM UNITS in accordance with applicable Danish law and EU directives on human tissues and cells, including WHO motility standards. Sperm counts and motility values may vary within accepted WHO tolerance ranges due to human and technical factors.
4.3 Handling standards and sole remedy. SPERM UNITS are handled under applicable hygiene, safety and labelling standards. Notwithstanding these measures, a residual risk of contamination, mislabelling or mix-up exists. Where a documented error attributable to DIERS is established, DIERS’ liability is limited to refunding the CUSTOMER’s direct, documented costs related to the specific impacted treatment. No further compensation is available.
4.4 Personal data & retention. DIERS processes personal data as described in DIERS’ privacy policy. Data relevant to traceability may be stored for at least 30 years and shared with the Treating Clinic, physicians, or laboratories where required. If DIERS ceases activities, documentation (including personal data and stored sperm units) may be transferred to another authorised tissue establishment to maintain traceability, and the CUSTOMER will be notified.
4.5 Disclaimer and limitation of liability. Except as expressly stated in these TERMS, DIERS disclaims all warranties, express or implied, regarding sperm units or related services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. DIERS shall not be liable for any indirect or consequential losses, including loss of profit, loss of opportunity, emotional distress, or costs related to travel or treatment scheduling. DIERS does not warrant that use of donor sperm will result in pregnancy or a healthy child.
- SHIPMENT & DELIVERY
5.1 Unless otherwise agreed, DIERS will ship on the date accepted in the order confirmation, DAP (Delivered at Place) under Incoterms 2020 to the Treating Clinic designated by the CUSTOMER.
5.2 The Treating Clinic acts as the CUSTOMER’s representative for receipt inspection, handling of any non-conformities, and return of containers. Upon receipt, products must be examined; suspected non-conformities must be reported to DIERS without undue delay.
5.3 Packing list. Each shipment from DIERS includes a packing list containing key details such as order overview, donor number, product description (including motility), relevant test attestations, donor characteristics, Single European Code (SEC), and handling instructions. The list also includes safety information, guidance on outcome reporting and adverse event notification, and instructions for returning the shipper.
5.4 Delays. If delivery of SPERM UNITS is materially delayed due to circumstances attributable to DIERS, the CUSTOMER (or the Treating Clinic) may cancel the affected part of the order by written notice to DIERS. The CUSTOMER must notify DIERS immediately upon deciding to cancel and return any delivered SPERM UNITS without undue delay. DIERS is not responsible for customs handling and import permits, but may assist with information. DIERS accepts no liability for any direct or indirect loss, including treatment delay or related costs, arising from such delay. If there is any suspicion that SPERM UNITS have been exposed to thawing or temperature deviation, the Treating Clinic must contact DIERS before returning the shipment to ensure correct handling and traceability.
5.5 Dry shippers/containers remain DIERS’ property and must be returned without undue delay and no later than 12 days from delivery, in the same condition. Late return may incur weekly rent and/or the cost of replacement if lost or damaged. DIERS may consolidate multiple orders in one shipper; joint customers are jointly and severally responsible for return/value. DIERS disclaims responsibility for damage caused by liquid or vapour nitrogen.
5.6 Force majeure. DIERS is not liable for delay, loss or damage caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, war, acts of government, equipment failure, power outages, or transport disruption.
- GOVERNING LAW, JURISDICTION AND COMPLAINTS
Unless mandatory law provides otherwise, these TERMS and any related agreements are governed by Danish law. Any dispute shall be brought exclusively before the District Court of Aarhus (Retten i Aarhus), Denmark. The legal language is Danish.
Consumers may also submit complaints to the Danish Dispute Resolution Centre (Center for Klageløsning, Nævnenes Hus, Toldboden 2, DK-8800 Viborg) or via the EU Online Dispute Resolution platform.
Version 23.10.2025.