Terms and Conditions of Purchase
Terms and conditions of purchase
These terms and conditions (the "Terms") is made between Juno IVF –ApS, Reg. no. 42485578, Jens Kofods Gade 1 1268 København K, Denmark (hereinafter referred to as “the Gamete Bank”) and the Customer (hereinafter referred to as “the Customer”).
- These terms and conditions apply to all agreements between the Customer and gamete bank regardless of whether the agreement was entered in writing, by order on the Gamete Bank’s website, spoken agreement, or otherwise. By purchasing donor gametes or other services, the Customer legally agrees to the terms and conditions.
- The Customer is defined as any who enters into an agreement by placing an order with the Gamete Bank, either with intent to purchase donor gametes, for access to donor profile materials, processing, storage, transport, or other handling of donor gametes. Thus, the Customer may be either a private individual or a legal entity such as a corporation that are legally allowed to purchase donor gametes.
- The Customer accepts that all information is in English and send by e-mail, unless regulation dictates otherwise.
- By purchasing gametes or services from the Gamete Bank the Customer confirms being of legal age if is a private customer and confirms authority to sign for the Customer if the Customer is a legal entity e.g., a corporation.
- A private customer entering into this agreement as intended parent (hereinafter referred to as “intended Parent”) accepts full responsibility that the treating Clinic receiving the shipment accepts responsibilities of the treating Clinic as per the Terms in this agreement, so all responsibilities for the Customer per this agreement both for intended Parent and treating clinic (hereinafter referred to as “the treating Clinic” are satisfied.
- A professional Customer entering into this agreement accepts full responsibility that when donor gametes supplied by the Gamete Bank are used in the treatment of intended Parents, the indented Parents must accept and resume full responsibilities as indented Parents as per this agreement, so all responsibilities for the Customer per this agreement both for intended Parent and treating clinic are satisfied.
- Products and services may be ordered and paid online using a credit card accepted by the Gamete Bank or via email. Alternatively, payment for donor gametes may be made by phone, or the Gamete Bank may issue an invoice which can be paid through bank transfer or by phone. Donor gametes for which an invoice is issued will not be shipped (or, if applicable, transferred to the Customers personal depot or container) or reserved until the Gamete Bank has received the Customers payment. The gamete bank's order confirmations are sent by email.
- When the Customer submits an order, the Gamete Bank will send a confirmation to the Customer. When the order is confirmed, this agreement becomes legally binding.
- Written quotations are valid 30 days. Valid prices may be given at the Gamete Banks website. The Customer accepts that the Gamete Bank reserves the right to change prices on all gametes and services at any time except for written quotations still valid.
- If payment for donor gametes and/or storage services is made using a credit card, the payable amount will be charged to the Customers credit card at the time when the Gamete Bank ships or relocates the donor gametes from the Gamete Banks main depot to a personal depot in the Customers name.
- If the Customer is not the intended Parent, the Customer is obliged to transfer the content of this agreement to the intended Parent who is subsequently treated with the donor gametes or to anyone who subsequently purchases the donor gametes from the Customer. If the transfer of this agreement has not taken place in such cases, the Customer holds the Gamete Bank harmless for any liability or additional costs arising out of or in any way relating to this agreement.
- The Gamete Bank declares that when donor gametes in this agreement is sold, it is not the gametes themselves that are sold but the related processing and work, such as selection and testing of the donor, manufacturing of documents and the handling, freezing, storage, marketing, administration, etc. of the gametes.
- Information in the donor’s extended profile as well as the photos are provided by the donor.
- The Customer agrees not to test the gametes or have others test the gametes in any way without the Gamete Banks prior written consent.
- The Customer 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 whatsoever on account of the donor's donation of gametes.
- The intended Parent undertake to assume parental responsibility and to take care of and consider the child, which may be the result of treatment with donor gametes purchased here, as the intended Parents own legal child.
- When purchasing donor gametes due to the nature of the product, the Customer do not have a right of cancellation in respect of donor gametes as the product and the shipment process are not suitable for return of the product.
- When purchasing storage services – the Customer may cancel a purchase of storage services within 14 days from the conclusion of the agreement. If the Customer have exercised right of cancellation, we will refund the amount owed no later than 14 days from the date on which we have received notice of the decision to cancel the purchase. After the cancellation period, fully paid units may be refunded as specified below:
- Cancelation within 14 days: 100% of purchase price
- Repurchase within 14 days to 36 months: 75% of purchase price
- Repurchase within 36 to 48 months: 50% of purchase price
- Repurchase within 48 to 60 months: 25% of purchase price
- After 60 months no repurchase.
- No cost of storage will be refunded in relation to repurchasing as per 2.5.1-2.5.5
- Storage of the Customers purchased gametes at the Gamete Bank can be purchased as a separate product. The Customer pay for a specified length of storage. When the selected duration of storage expires, the Customer can choose to prolong the duration. It is the Customers obligation to inform the Gamete Bank about prolonging the storage duration and the Customers obligation to secure the Gamete Bank has the Customers correct contact details. If the Customer do not contact the Gamete Bank, nor respond to a contact from the Gamete Bank, the Customers straws in the storage will be removed and the Customer will no longer have ownership, or disposal rights, of the purchased gametes. There are no reimbursement rights for such gametes, nor corresponding pregnancy slot, if applicable.
- The Customer acknowledge that, due to the limitations following from national quota restrictions, donor gametes from a specific donor may only be purchased in combination with Pregnancy Slots. This means that the Customer have the right to conceive either as many children (a family) with a donor as the Customer want, or one child with a donor.
- The Customer explicitly acknowledge that, regardless of the Gamete Banks testing of the donor gametes, the risk of transmitting a genetic or hereditary disease, disorder, or birth defect through treatment with the donor gametes cannot be excluded, and the Gamete Banks disclaims any warranty or liability in this respect.
- The Gamete Bank expressly disclaims any liability and responsibility for the quality and other characteristics of, and the results of treatment with or other use of, donor gametes supplied by the Gamete Bank, including, but not limited to, unwanted pregnancy, multiple pregnancies, spontaneous abortion, ectopic (tubal) pregnancy, stillbirth, genetic or hereditary diseases, disorders, or birth defects.
- This also includes circumstances caused by force majeure or other circumstances which are beyond the Gamete Banks influence such as strikes, lockouts, transport difficulties, detention, goods retained at customs, confiscation, war, martial conflicts or civil unrest, vandalism, terrorism, radioactivity, or natural disasters.
- The Gamete Bank disclaims any liability for indirect damages and costs, including, but not limited to, expenses for medicine and treatment, 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.
- The intended Parent must immediately notify the treating 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 gametes supplied by the Gamete Bank. In this connection, the Gamete Bank may contact the Customer with follow-up questions.
- The Gamete Bank will notify the Customer of adverse events relating to donor gametes purchased by the Customer only if the donor gametes are stored by the Gamete Bank and (i) the Customer have not yet designated a treating Clinic or if (ii) the donor is permanently blocked. In all other cases, the Gamete Bank will notify the Clinic designated by the Customer, and the Clinic will remain fully responsible for notifying the Customer and/or referring the Customer to genetic testing or medical consultation, etc., if relevant.
- The Customer are responsible for notifying the Gamete Bank of any new relevant contact information to allow the Gamete Bank to urgently contact the Customer in the event of adverse events.
- The Clinic treating the Customer is responsible for ensuring that the Customer are not treated with donor gametes from a quarantined donor and for consulting the Gamete Bank's list of quarantined or permanently blocked donors prior to any treatment. The treating Clinic may, on the Customers behalf, return donor gametes from a permanently blocked donor in an unthawed and undamaged condition to the Gamete Bank who will then replace it by units from another donor (storage services are also covered by this). The new donor gametes will be delivered free of charge in connection with the next new booking of donor gametes by the Customers Clinic. You are not entitled to claim any refund for donor gametes from a quarantined donor.
- The Customer acknowledge that information about the donor disclosed by the Gamete Bank 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, the Customer may disclose information about the donor to the Clinic treating the intended Parent 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 the Gamete Bank'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.
- The Customer acknowledges that donor gametes is sold under the item description which appears from the donor profile at any time. The gametes bank can add changes to a donor profile if the Gamete Bank receives new knowledge about a donor which could be relevant for a customer’s assessment of this donor. In this case the Customer will not be notified.
- The Customer understand and accept that the Gamete Bank is required to safeguard the anonymity of No ID release donors indefinitely.
- The Customer warrant that The Customer will not make any attempts to search for or trace the donor, including specific initiatives that may directly or indirectly indicate that The Customer are looking for the donor. If, nevertheless, The Customer initiate such a search, The Customer must indemnify and hold harmless the Gamete Bank and/or the donor from any direct or indirect loss or distress and inconvenience.
- With regards to the above, any search for recipients of donor gametes from the donor, or other donor children of the donor is subject to the Customers own responsibility and discretion. You acknowledge that the Customers search for other recipients or donor children can inflict distress and inconvenience on those parties, for which the Customer can be held responsible.
DONORS AND GAMETES
- Donors will not be paid for donating gametes. However, the Gamete Bank will reimburse donors for their costs relating to the donation, typically by way of a fixed amount based on an estimate, in accordance with current rules.
- The donor has given (and at the time of purchase of the gametes has not withdrawn) written consent to the distribution of the donated gametes.
- Donor gametes may be purchased from ID release or non-ID release donors.
- The gametes bank will disclose the identity of an ID release 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 a child of the donor in question but cannot warrant that the ID release donor will eventually accept any contact with the donor child.
- Donor information (such as audio, baby photos, IQ and personality tests or other tests, and profile information) which may include essential information (e.g., about the donor's health) is available if the donor has provided such information. Upon purchase the Customer acknowledge that the Customer is responsible for having reviewed the information related to the chosen donor(s) and have accepted the donor information and its completion as is.
- All donor information relies on self-reporting. The information provided by the Gamete Bank about the donor is – to the best of the Gamete Banks knowledge – true and accurate, but the Gamete Banks does not give any warranties in this respect and disclaims any liability for any incorrect or inaccurate information.
- Sperm count and motility are determined in accordance with the WHO Standard of Progressive Motility (PM). Sperm counts may vary by up to 20% because of human and technical factors such as the individual counting, the laboratory tools and the duration and temperature of thawing.
- Donor sperm may be delivered in clear 0.5ml CBS High Security Straws (CryoBioSystem), made of ionomeric resin and specifically manufactured for safe cryogenic storage of biological products in liquid nitrogen.
- One straw contains 0.5ml donor sperm cryopreserved in phosphate buffered glycerol, composed of buffer (HEPES), HAS and glycerol. The shelf life is indefinite when stored at temperatures of < -170˚C.
- The Gamete Bank offers a free service whereby an uploaded photo is compared to an adult photo of the donor. The photo match is based on Amazon Recognition software which maps certain similarities between the two faces based on the quality and angling of the photo uploaded. The software does not distinguish between skin color, eye color, or hair color. The Gamete Bank does not and cannot warrant that the Customers future child resembles the person in the image the Customer uploaded.
- The Gamete Bank offers genetic matching products that aim to limit the risk of conceiving a child with a genetically inherited disease. These products include, but is not limited to, the products the Gamete Bank has named “Do Donor also carry this (like I do)?” and “Is donor a genetic match for me?”, both of which are used to compare one or several genes of the prospective parent with her chosen donor. If the parent and the chosen donor carry mutations in the same gene(s), the parent and donor are deemed a “No-Match”. Donor-Network reserves the right to refuse to distribute donor gametes from the chosen donor to the recipient in case of a “No-Match”.
REGULATORY REQUIREMENTS AND QUALITY
- Legislation requires that the Gamete Bank only distribute donor gametes to approved tissue establishments, fertility clinics, hospital units or licensed healthcare professionals. Consequently, if the Customer is a private individual must designate one of the above to act as a representative (the treating Clinic) in its behalf in connection with receiving the donor gametes. The Gamete Bank may refuse an order if the Gamete Bank has not entered into an agreement with the designated recipient.
- The Gamete Bank undertakes to deliver donor gametes processed in accordance with applicable Danish law– as well as EU directives relating to donor gametes for human application.
- The Gamete Bank disclaims any other warranties, whether express or implied, including as regards quality, merchantability or fitness for a particular purpose e.g., treatment in a particular country. Without limitation to the above, The Gamete Bank does not warrant that treatment with the donor gametes will result in a viable pregnancy, nor that a donor child resulting from such treatment will possess any specific characteristics.
- The above also includes circumstances caused by force majeure or other circumstances which are beyond the Gamete Bank’s influence such as strikes, lockouts, transport difficulties, detention, goods retained at customs, confiscation, war, martial conflicts or civil unrest, vandalism, terrorism, radioactivity, or natural disasters.
- The Customer knows frozen donor gametes are fragile products and thus it is strongly emphasized that the durability of the frozen donor gametes is dependent on the storage facility and that it may be damaged if not used immediately after thawing.
- In order to allow the Gamete Bank to keep track of pregnancies and not to exceed any national quotas regarding the number of children/families per donor, the Customer must report any pregnancies or abortions in connection with treatments using donor gametes supplied by the Gamete Bank to the treating Clinic.
- If the treating Clinic documents that treatment with donor gametes purchased under a Pregnancy Slot has not resulted in a pregnancy and that all purchased donor gametes from the donor in question has been used, the Customer may claim either (i) a refund of the price paid for the Pregnancy Slot within three years (but not for the purchased donor gametes) or (ii) replacement of the Pregnancy Slot with a Pregnancy Slot in relation to another donor (delivery of donor gametes from such donor is subject to payment), provided that the treating Clinic confirms the above conditions.
- Under Danish legislation, donor gametes from a permanently blocked donor can only be delivered if it is to be used for a sibling to a donor child already conceived using the donor in question. In such a case, the treating Clinic must give a statement specifying being are aware of and accept the potential consequences of using the donor. It is only possible to continue using a permanently blocked donor outside Denmark in accordance with the directions of the national competent authority. The Gamete Bank will demand a statement from both the intended Parent and the treating Clinic regarding this.
- The Customer acknowledges that, if a donor is quarantined or the national pregnancy quota for the donor is reached, donor gametes from such donors must not be used and the Gamete Bank is obligated to suspend any shipments.
- If needed for the assessment of an adverse reaction related to the Customer or the Customers donor child, the Customer agree to the Gamete Bank contacting the Customer to obtain any relevant information, e.g., by requesting access to the Customers and the child's medical files or blood samples for diagnostic purposes.
- In accordance with national regulatory requirements, the Customers personal data will be handled confidentially by the Gamete Bank and filed under safe conditions for at least thirty (30) years for the purpose of traceability. If required, the Customer’s personal data may be shared with the treating Clinic, physician and test laboratory.
- In the event of discontinuation of all the Gamete Banks activities, any documentation (including the Customers personal data) will be transferred to another authorised tissue establishment to maintain traceability in accordance with Danish law.
- The Customer will receive a copy of these Terms together with the order confirmation. We keep agreements on file for as long as our contractual obligations subsist or as required by legislation. We recommend that the Customer also keep the agreement on file as it will not be available on the Gamete Bank’s website.
SHIPMENT AND DELIVERY
- Unless otherwise agreed, the Gamete Bank undertakes to ship (i.e., hand over to a carrier) ordered donor gametes within 10 days from the Gamete Banks order confirmation. At the Customers choice, the Gamete Bank may store purchased donor gametes for up to 30 days from the purchase date at no additional cost. After 30 days from the purchase date, the donor gametes pass to storage services and will be payable according to the prices for storage use applicable at any time. Payment for storage is not refunded.
- 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 gametes.
- Donor gametes will be delivered to the Clinic designated by the Customer (DAP/Delivered at Place according to Incoterms 2010). The Customer accept that the clinic will act as the Customers representative in respect of the examination of the delivered donor gametes, return of shipping containers, etc. If the donor Gametes are picked up at the Gamete Bank, delivery is EXW (Ex Works).
- The Gamete Bank will be pleased to assist with information but is not responsible for handling any customs clearance or import permits.
- The Gamete Bank is responsible for the quality of the contents of the shipment until the Customer/the Customers Clinic has received it.
- Upon receipt of a shipment, the Customer must examine the products for any non-conformities. If the Customer has discovered a non-conformity for which the Gamete Bank is responsible, notify the Gamete Bank accordingly and return(s) the non-conforming products, the Gamete Bank will within a reasonable time either (i) replace the non-conforming products or (ii) refund the price paid for the non-conforming products. The Customer acknowledge that this could have an impact on the originally indented treatment schedule.
- If the delivered quantity (number of units) is less than the ordered quantity, The Gamete Bank 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. If the delivered quantity (number of units) exceeds the ordered quantity, The Customer may either (i) return the excess products or (ii) keep the excess products against payment of the applicable price for such products.
- If the delivery of products is materially delayed and this is due to circumstances for which the Gamete Bank is responsible, the Customer may elect to cancel the order with respect to the delayed products subject to written notice to the Gamete Bank. If the Customer / the clinic suspects that the units may be thawed, the Customer must contact the Gamete Bank prior to returning the products to ensure that they are returned in proper condition. If the gametes are not delivered on time and if the delay is due to circumstances for which the Customers bears the risk including delay from the carrier, the Gamete Bank disclaims all responsibility in this connection and the Customer loses the right to claim damages for delay.
- Nitrogen containers/shipping boxes remain the property of the Gamete Bank and must be returned without undue delay and no later than 5 days from receipt of the shipment. If the tank and its shipping box have not been returned within the specified time, the Gamete Bank is entitled to demand a weekly rent (at present EUR 125 per commenced week) from the Customer.
GOVERNING LAW AND JURISDICTION
- 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 in Danish.