Terms and conditions for Diers Selected donor sperm
Definitions
These terms and conditions (“TERMS”) govern agreements between
Diers Klinik ApS, CVR 33047991, Tissue Establishment no. DK100109 / DK100125 (“DIERS”)
and
The customer (“CUSTOMER”).
For the purposes of these TERMS:
“Patient Customer” means a patient, recipient or prospective parent who purchases donor sperm (“SPERM UNITS”) or related services directly from DIERS in their own name.
“Clinic Customer” means a fertility clinic, tissue establishment or licensed healthcare professional that purchases SPERM UNITS or related services directly from DIERS for use in fertility treatment.
“CUSTOMER” means, as the context requires, either the Patient Customer or the Clinic Customer.
“Intended Parent” means the patient, recipient or prospective parent for whose treatment SPERM UNITS or services are used by a Clinic Customer.
“Treating Clinic” means the approved tissue establishment, fertility clinic, hospital unit or licensed healthcare professional designated by a Patient Customer to receive and use SPERM UNITS.
1. General Terms and Scope
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.
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 SPERM UNITS and related services only to approved recipients as required by law. Liability relating to medical treatment rests with the Treating Clinic or, where applicable, the Clinic Customer. DIERS accepts no liability for clinical outcomes.
1.7 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.
2. Orders, Customer Obligations, and Use Restrictions
2.1 Testing & Eligibility
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 Cancellation of Orders
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 will any associated pregnancy slot be reimbursed after 24 months from the pregnancy slot contract date.
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 if not shipped (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 (an example of such a restriction would be if the donor is temporarily quarantined following a reported adverse reaction). Storage fees are non-refundable. No repurchase is offered after 24 months.
2.6 Treatment Outcome Reporting
To maintain traceability and comply with quotas, the Patient Customer must report treatment outcome to the Treating Clinic. The Treating Clinic/ the Clinic Customer must report all outcomes related to treatment with SPERM UNITS, including confirmed pregnancy, multiple pregnancy (e.g., twins), sibling pregnancy, and pregnancy terminations (including induced or spontaneous abortion, ectopic pregnancy, and stillbirth), without undue delay and no later than 7 days after becoming aware of the outcome information.
The Treating Clinic/Clinic Customer must send outcome reports by e-mail to: [email protected]. DIERS may continue to contact the CUSTOMER and/or the Treating Clinic until the outcome has been reported.
2.7 Pregnancy Quotas
National quota regulations and internal national quotas may limit the number of families or children that can be created per donor.
In addition to statutory national quotas, DIERS applies an internal worldwide quota per donor of either Max 5, Max 25 or Max 50 family units as stated on the donor’s profile.
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. If the SPERM UNITS have not been shipped, DIERS will suspend any pending shipments.
The Clinic Customer/Treating Clinic is responsible for monitoring donor quota limits before each treatment on DIERS’s website where the DIERS publishes a list of donors who have reached their quota under “Restricted and limited donors”.
If a sperm donor is on the limit list, the donor is not available for use, and the Clinic Customer/Treating Clinic should contact DIERS. However, if a pregnancy slot (see section 2.8) has been purchased the treatment shall not be interrupted due to quota limits. Furthermore, frozen embryos already created with a donor’s sperm may continue to be used even if the quota is subsequently reached.
2.8 Pregnancy Slots
In some countries, SPERM UNITS from a specific donor may only be purchased together with a pregnancy slot. A pregnancy slot entitles the patient to undergo treatment with the relevant donor in accordance with the applicable quota rules and may, depending on national legislation and the type of pregnancy slot purchased, cover either one child or one family unit.
A family may not hold more than one (1) pregnancy slot at a time for the same donor.
If the Clinic Customer/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 (1) a refund of the pregnancy slot price (excluding the cost of SPERM UNITS), or (2) transfer of the slot to another donor (new units to be purchased separately).
2.9 Restrictions on Transfer, Resale and Distribution
To ensure compliance with national and worldwide quotas and to maintain accurate tracking of donor use, distribution of SPERM UNITS, distribution of embryos created with SPERM UNITS, and embryo donation may only take place with prior written approval from DIERS.
The Patient Customer must not sell, resell, transfer, export or otherwise hand over SPERM UNITS and embryos created with SPERM UNITS to any third party (including clinics/facilities), whether units are stored at DIERS or elsewhere, without prior written approval from DIERS.
A Clinic Customer may, however, use SPERM UNITS and embryos created with SPERM UNITS in the ordinary course of its fertility treatment activities for treatment of its own patients, and charge such patients accordingly, provided that such SPERM UNITS or embryos remain within and are used solely at the Clinic Customer’s own facility/facilities and are not distributed, transferred, exported or otherwise handed over to any third party or outside such facility/facilities without DIERS’ prior written approval.
2.10 Adverse Events and Reactions
(a) Reporting Obligation.
The Patient Customer/the Intended Parent must immediately inform the Treating Clinic/The Clinic Customer of any suspected serious adverse event (SAE) or serious adverse reaction (SAR) that may relate to the quality or safety of SPERM UNITS (including congenital abnormalities or suspected hereditary conditions). The Treating Clinic/The Clinic Customer must, in turn, notify DIERS without undue delay. Reports may be submitted by e-mail to [email protected].
DIERS may request further information for investigation of the reported adverse event or reaction, and the CUSTOMER/ Treating Clinic/ Intended Parent must cooperate accordingly.
If an adverse event is identified in connection with SPERM UNITS delivered for treatment at the clinic, DIERS will notify the Treating Clinic/Clinic Customer. The Treating Clinic/Clinic Customer remains solely responsible for communicating this to the Patient Customer/the Intended Parent and for advising on the relevant next steps.
(b) Quarantined or Permanently Blocked Donors.
If a donor is temporarily quarantined due to a reported adverse reaction, 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.
Where it cannot be ruled out that a serious adverse reaction have been inherited from the donor, the donor will be permanently blocked from further use. If a donor is permanently blocked, DIERS will inform the Clinic Customer/Treating Clinic (or the Patient Customer, if no Clinic is designated). The Clinic Customer/Treating Clinic is obliged to pass on this information to all recipients/patients who have achieved pregnancy using the blocked donor. 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.
Donors who are permanently blocked may only be used for sibling treatment subject to informed consent from the parents and provided this is permitted under applicable national law. This applies to both SPERM UNITS and embryos already created with SPERM UNITS from the permanently blocked donor.
(c) Medical Records and Testing.
The Patient Customer consents to DIERS and/or the Treating Clinic obtaining and reviewing relevant medical information of the Patient 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.
2.11 Donors Cannot Provide Medical Assistance
The CUSTOMER acknowledges and accepts that donors may not be contacted, asked, or required to provide medical assistance to any child conceived with their SPERM UNITS. This includes, without limitation, blood donation, bone marrow donation, organ donation, genetic material or any other form of medical intervention. DIERS will not arrange or facilitate contact between recipients, donor-conceived offspring, and donors for medical reasons, including in situations involving serious illness.
3. Donors
3.1 Donation Principles & Donor’s Legal Status
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. Donors receive a modest compensation fixed by the Danish Patient Safety Authority to cover non-itemised expenses for attendance, loss of earnings and travel.
The donor is not a legal parent of any donor-conceived child and has no parental rights or obligations. The Patient Customer/Intended Parent(s) must assume full legal and parental responsibility for any child conceived using SPERM UNITS from DIERS.
3.2 Donor Selection, Screening & Release of SPERM UNITS
Donors providing SPERM UNITS to DIERS are selected and screened in accordance with applicable law and the DIERS’ internal procedures. The selection criteria include a comprehensive assessment of the donor candidate, covering age, risk behaviour, medical and family history, physical examination, and screening for a broad range of hereditary and infectious diseases (see DIERS’ website). Testing is performed by appropriately accredited laboratories.
Donors are subject to continuous assessment throughout the entire donation period, including testing for infectious diseases, completion of questionnaires, and physical examinations.
SPERM UNITS may be released following a minimum of six months (180 days) quarantine and a negative re-test for infectious diseases or by a Nucleic Acid Test (NAT), as permitted under applicable requirements.
3.3 Donor Information
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 recessive genetic incompatibility between the Patient 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 does not provide genetic counselling services.
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 Confidentiality & Restrictions on Donor Information
Donor information disclosed by DIERS is confidential and may contain sensitive personal data. The CUSTOMER shall not publish, publicly disclose, or otherwise make such information publicly available, except where required by law.
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.
3.6 Donor Identity Release
DIERS offers ID-release donors only. An ID-release donor is a donor whose identifying information may be made available to a donor-conceived child once that child has reached legal adulthood, or any other age specified under the legislation applicable in the country where the treatment took place. Upon a valid request from a donor-conceived child who meets the applicable age requirement, or where otherwise required by the laws of the treatment country, DIERS may disclose, submit, or otherwise make available the donor’s identifying information to the donor-conceived child, the treating clinic, a competent authority, or a national register, including as part of any mandatory registration, notification, traceability, or reporting procedure.
Before any identifying information is disclosed, DIERS may require documentation confirming that the person requesting the information is entitled to receive it, including proof that the donor-conceived child was conceived using SPERM UNITS from the relevant donor. An administration fee applies to cover verification and facilitation costs.
Where the donor-conceived child lives in a country other than the one in which the treatment was carried out, the rules on ID-release shall still be determined by the legislation in force in the treatment country at the time the treatment was performed.
The parents (Patient Customer/the Intended Parent and any partner) are not entitled to request or obtain the donor’s identifying information.
DIERS does not guarantee that disclosure of the donor’s identity will lead to any communication, meeting, or other form of contact between the donor and the donor-conceived child.
The donor’s identity will only be disclosed following a direct and specific request from the donor-conceived child. DIERS will never initiate such disclosure on its own initiative. Any request for ID release must be submitted through DIERS or, where relevant, through the competent national authority.
DIERS may delegate identity disclosure to another authorised tissue establishment/clinic/sperm bank bound by professional confidentiality.
4. Compliance, Quality and Data
4.1 Regulatory Requirements
SPERM UNITS may only be distributed to approved tissue establishments/clinics or licensed healthcare professionals. When placing an order, the CUSTOMER must nominate a receiving clinic or healthcare professional who upon delivery will assume responsibility for the SPERM UNITS, including responsibility for traceability and clinical use. DIERS may reject or decline any order if regulatory requirements are not met, if the nominated recipient is not approved, or if no cooperation agreement is in place with the nominated recipient.
4.2 Handling Standards
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 due to human and technical factors. If the sperm unit is deemed unsuitable for treatment due to poor quality, it must not be used and must be returned to the clinic. The clinic will then refund the purchase price of the unit.
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.
4.3 Personal Data & Retention
DIERS processes personal data as described in DIERS’ privacy policy. Data relevant to traceability will be stored for at least 30 years (and for 110 years in relation to SPERM UNITS distributed to Germany) and shared with the Clinic Customer/Treating Clinic, physicians, licensed healthcare professionals, or laboratories where required, in accordance with applicable law.
If DIERS ceases activities, documentation (including personal data and stored SPERM UNITS) will be transferred to another authorised tissue establishment to maintain traceability, and the CUSTOMER will be notified.
4.4 Disclaimer & Limitation of Liability
Except as otherwise expressly stated in these TERMS, SPERM UNITS and related services are provided on an “as is” and “as available” basis as donor sperm involve inherent biological and treatment-related uncertainties. DIERS makes no express or implied warranties, including any warranty as to treatment outcome, pregnancy, birth of a healthy child, or suitability for a particular purpose.
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. To the extent permitted by applicable law, DIERS’ total aggregate liability arising out of or in connection with the purchase, delivery or use of SPERM UNITS or related services shall in no event exceed the amount paid by the CUSTOMER for the specific SPERM UNITS or service giving rise to the claim.
5. Shipment, Delivery & Receipt
5.1 Shipment and Delivery Terms
Unless otherwise agreed, DIERS will ship on the date accepted in the order confirmation, DAP (Delivered at Place) under Incoterms 2020 to the Clinic Customer/Treating Clinic designated by the Patient Customer.
DIERS reserves the right to decline an order where no agreement (Third Party Agreement) is in place with the Treating Clinic designated by the Patient Customer.
5.2 Receipt & Inspection
Upon receipt, products must be examined; suspected non-conformities must be reported to DIERS without undue delay.
The Treating Clinic acts as the Patient Customer’s representative for receipt inspection, handling of any non-conformities, and return of containers.
Upon delivery to the Clinic Customer/Treating Clinic, responsibility for receipt, storage, handling, traceability, thawing, use and treatment-related issues passes to the receiving Clinic Customer/Treating Clinic.
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 Clinic Customer/Treating Clinic must contact DIERS before returning the shipment to ensure correct handling and traceability.
5.5 Dry Shippers
Dry shippers/containers remain DIERS’ property and must be returned without undue delay and no later than 3 days from delivery, in the same condition. Late return may incur weekly rent and/or the cost of replacement if lost or damaged.
The dry shipper will remain cold for up to 7 days from the date of shipment. If the donor sperm needs to be stored for longer, it must either be stored appropriately at the receiving facility or topped up with additional liquid nitrogen.
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.
6. 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 (Patient Customers) 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 20 April 2026