Terms and Conditions of Purchase

DEFINITIONS

These terms and conditions constitute an addition to any agreement made between Donor Network ApS CVR no. 43308866 (hereinafter referred to as “Donor Network”) and the customer (hereinafter referred to as “The Customer”).
The Customer is defined as any person who enters into an agreement with Donor Network, either by creating a profile on Donor Network to access donor profile materials, or by placing an order of any product or service with Donor Network.
The intended parent (hereinafter referred to as “The Intended Parent”) is defined as the person for whose fertility treatment The Customer is purchasing services or products.
The treating clinic (hereinafter referred to as “The Treating Clinic”) is defined as the clinic where The Intended Parent is to complete their course of treatment with donor gametes, or any other product or service supplied by Donor Network. The Treating Clinic is a tissue establishment, fertility clinic, hospital unit or licensed healthcare professional.
The gamete bank (hereinafter referred to as “The Gamete Bank”) is a separate entity from Donor Network responsible for the sale of donor gametes and/or clinical treatments if either is part of the delivery to The Customer.

1. GENERAL CONDITIONS

These terms and conditions apply to all agreements between The Customer and Donor Network regardless of whether the agreement was entered into in writing, by order on Donor Network’s website, spoken agreement, or otherwise. By completing a transaction with Donor Network, The Customer legally agrees to the terms and conditions.
An agreement to purchase with Donor Network is not considered final until Donor Network has confirmed with the generation of an invoice that Donor Network and The Gamete Bank can deliver the products or services that The Customer intends to purchase.
When completing a transaction with Donor Network, any purchased donor gametes or clinical treatments are sold by The Gamete Bank. The terms and conditions for purchasing products from The Gamete Bank are regulated in a separate agreement which is also presented to and accepted by The Customer at the time of purchase.

All liabilities relating to donor gametes and treatments are also governed in the agreements between The Gamete Bank and The Customer.
Donor Network accepts no liabilities relating to donor gametes or clinical treatments.

The Customer accepts that all information is in English and sent by e-mail, unless regulation dictates otherwise. This includes, but is not limited to, order confirmations.
Because of this, The Customer commits to adding donornetwork.com and related domains to any "safe sender" lists or policies in their e-mail client. Donor Network cannot be held liable in any cases where e-mails are lost or missed due to spam filtering or other e-mail client filtering.
By purchasing any products or services from Donor Network, The Customer confirms authority to sign for The Customer.
Products and services may be ordered and paid for online using Donor Network, where a credit card may be accepted by Donor Network. Alternatively, Donor Network may issue an invoice which can be paid through bank transfer. Donor gametes for which an invoice is issued will not be shipped (or, if applicable, transferred to The Customer’s personal depot or container) or reserved until Donor Network has received The Customer’s payment.
Written quotations are valid for 30 days. Valid prices are found on Donor Network’s website. The Customer accepts that Donor Network reserves the right to change prices on all gametes, products and services at any time.
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 Donor Network ships the donor gametes or relocates the donor gametes from The Gamete Bank’s main depot to a personal depot in The Customer’s name.
The Customer entering into this agreement accepts full responsibility that The Treating Clinic receiving the shipment accepts responsibilities of the treating Clinic as per this agreement, so all responsibilities for The Customer per this agreement both for The Intended Parent and The Treating Clinic are satisfied.
If The Customer is not The Intended Parent, The Customer is obliged to transfer the content of this agreement to The Intended Parent and ensure acceptance of this agreement by The Intended Parent.
If any third party subsequently purchases the donor gametes from The Customer, The Customer is obliged to transfer the content of this agreement to said third party and ensure acceptance of this agreement by said third party.
If the transfer or acceptance of this agreement has not taken place in cases defined in point 10 and 11, The Customer holds Donor Network harmless from any liability or additional costs arising out of, or in any way relating to any agreement between The Customer and Donor Network.
Information in the donor’s profile as well as the photos are provided by the donor.

2. THE CUSTOMER

The Customer agrees not to test the gametes or have others test the gametes in any way without Donor Network’s prior written consent.
The Customer declares that The Customer is not a donor, and that The Customer is not a representative of a competing organization in the gamete banking or fertility industry.
When purchasing donor gametes for shipment to The Treating Clinic or elsewhere, due to the nature of the product, The Customer does not have a right of cancellation in respect to donor gametes as the product and the shipment process are not suitable for return of the product.
Storage of The Customer’s purchased gametes can be purchased as a separate product. The Customer pays for a specified length of storage. When the selected duration of storage expires, The Customer can choose to prolong the duration. It is The Customer’s obligation to inform Donor Network about prolonging the storage duration and The Customer’s obligation to ensure that Donor Network has The Customer’s correct contact details. If the Customer does not contact Donor Network, nor respond to a contact from Donor Network, The Customer’s 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 the corresponding pregnancy quota, if applicable.
When purchasing storage services, The Customer may cancel a purchase of storage services within 14 days of the conclusion of the agreement. If The Customer has exercised the right of cancellation, Donor Network will refund the amount owed no later than 14 days from the date on which Donor Network receives notice of the decision to cancel the purchase. Within the cancellation period, fully paid units may be refunded at 100% of donor gamete purchase price.
When purchasing storage services, The Customer may request that Donor Network facilitates the repurchase of donor gametes. If The Customer places such a request, Donor Network will pay the amount owed no later than 14 days from the date of which Donor Network accepts the request to facilitate the repurchase. Fully paid units may be repurchased at prices specified below:

Repurchase within 14 days to 36 months: 75% of donor gametes purchase price
Repurchase within 36 to 48 months: 50% of donor gametes purchase price
Repurchase within 48 to 60 months: 25% of donor gametespurchase price
After 60 months no repurchase.

No cost of storage will be refunded in relation to repurchasing as per 2.6.1 - 2.6.4.
The Customer acknowledges that, due to the limitations following from national quota restrictions, donor gametes from a specific donor may only be purchased in combination with pregnancy quotas. This means that The Customer has the right to conceive either as many children (a family) with a donor as The Customer wants, or one child with a donor as per regional legislation.
The Customer explicitly acknowledges that, regardless of The Gamete Bank’s 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 Donor Network disclaims any warranty or liability in this respect.
Donor Network 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 Donor Network’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.
Donor Network 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 Treating Clinic is responsible for ensuring that The Customer is treated with the right donor (according to the order) and for consulting Donor Network's list of quarantined or permanently blocked donors prior to any treatment.
The Customer is responsible for notifying Donor Network of any new relevant contact information to allow Donor Network to urgently contact the Customer in the event of adverse events/reactions (e.g., birth defects or potentially hereditary diseases).
The Intended Parent must immediately notify The Treating Clinic of any suspected serious adverse reactions which may relate to the quality or safety of donor gametes supplied by The Gamete Bank. In this connection, Donor Network may contact The Customer with follow-up questions. The customer should in such cases help with the investigation, which could include handing over medical journals or additional testing.
Donor Network will notify The Customer of adverse events/reactions relating to donor gametes purchased by The Customer only if the donor gametes are stored by Donor Network and (i) The Customer has not yet designated The Treating Clinic or if (ii) the donor is permanently blocked. In all other cases, Donor Network will notify The Treating Clinic designated by The Customer, and The Treating Clinic will remain fully responsible for notifying The Customer and/or referring The Customer to genetic testing or medical consultation, etc., if relevant.
In the case of a recall of donor gametes, The Treating Clinic must, on The Intended Parent’s behalf, either return the relevant gametes to The Gamete Bank or another location of Donor Network’s choosing or destroy them. If concluded by the Intended Parent/treating Clinic that the gametes may still be used for treatment of the Intended Parent according to national legislation, this must be communicated to Donor Network.
The Treating Clinic may, on The Customer’s behalf, return donor gametes from a permanently blocked donor in an unthawed and undamaged condition to The Gamete Bank or another location of Donor Network’s choosing. The Gamete Bank will then replace the donor gametes with units from another donor. The new donor gametes will be delivered free of charge in connection with the next new booking of donor gametes by The Treating Clinic, or at an earlier time in exchange for a full delivery fee as per Donor Network’s rates at the time. You are not entitled to claim any refund for donor gametes from a quarantined donor.
The Customer acknowledges that information about the donor disclosed by Donor Network or 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 Treating Clinic 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 Donor Network's or 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 are sold under the item description which appears from the donor profile at any time. Donor Network can add changes to a donor profile if Donor Network 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 understands and accepts that Donor Network is required to safeguard the anonymity of non-ID release donors indefinitely.
The Customer warrants 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 is looking for the donor. If, nevertheless, The Customer initiates such a search, The Customer must indemnify and hold harmless Donor Network, The Gamete Bank and the donor from any direct or indirect loss or distress or 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 Customer’s own responsibility and discretion. The Customer acknowledges that The Customer’s search for other recipients or donor children can inflict distress and inconvenience on those parties, for which The Customer can be held responsible.

3. DONORS AND GAMETES

Donors will not be paid for donating gametes. However, Donor Network 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 originate from ID release or non-ID release donors.
Donor Network 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 acknowledges that The Customer is responsible for having reviewed the information related to the chosen donor(s) and having accepted the donor information and its completion as is.
All donor information relies on self-reporting. The information provided by Donor Network about the donor is – to the best of Donor Network’s knowledge – true and accurate, but Donor Network does not give any warranties in this respect and disclaims any liability for any incorrect or inaccurate information.
Donor Network 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. Donor Network does not and cannot warrant that The Customer’s future child resembles the person in the image The Customer uploaded.
Donor Network offers genetic matching products that aim to limit the risk of conceiving a child with a genetically inherited disease. These products may be used to compare one or several genes of The Intended Parent with the chosen donor. If The Intended 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”.

4. REGULATORY REQUIREMENTS AND QUALITY

Legislation requires donor gametes to only be distributed to approved tissue establishments, fertility clinics, hospital units or licensed healthcare professionals. Consequently, if The Customer is a private individual, The Customer must designate one of the above to act as a representative (The Treating Clinic) on The Customer’s behalf in connection with receiving the donor gametes. Donor Network may refuse an order if Donor Network has not entered into an agreement with the designated recipient.
Donor Network undertakes to deliver donor gametes processed in accordance with applicable Danish law – as well as EU directives relating to donor gametes for human application.
Donor Network 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, Donor Network 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 Donor Network’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, The Intended Parent and The Treating Clinic know 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 Donor Network 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 to The Treating Clinic, insofar as they relate to donor gametes or treatments supplied by The Gamete Bank, or relate to Donor Network in any way.
If The Treating Clinic documents that treatment with donor gametes purchased under a pregnancy quota 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 quota within three years (but not for the purchased donor gametes) or (ii) replacement of the pregnancy quota with a pregnancy quota 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 they are to be used for a sibling to a donor child already conceived using the donor in question, and if The Customer has been informed of (and accepted) the potential risks involved. The Customer must supply written confirmation that this has been fulfilled. It is only possible to continue using a permanently blocked donor outside Denmark in accordance with the directions of the national competent authority. Donor Network will demand a statement from The Customer 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 Donor Network is obligated to suspend any shipments.
Donor Network will receive and process personal data about The Customer to process the order and requests (e.g., purchase of donor gamete/information, storage, genetic matching or other evaluation). Donor Network's privacy policy is available on the company website.
If needed for the assessment of an adverse reaction related to The Customer or The Customer’s donor child, The Customer agrees to Donor Network contacting The Customer to obtain any relevant information, e.g., by requesting access to The Customer’s and the child's medical files or blood samples for diagnostic purposes.
In accordance with national regulatory requirements, The Customer’s personal data will be handled confidentially by Donor Network and 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 Donor Network’s activities, any documentation (including The Customer’s personal data) will be transferred to another authorized tissue establishment to maintain traceability in accordance with Danish law.
The Customer will receive a copy of these terms and conditions 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 Donor Network’s website.

5. SHIPMENT AND DELIVERY

Unless otherwise agreed, Donor Network undertakes to ship (i.e., hand over to a carrier) ordered donor gametes within 10 days from Donor Network’s entry into the purchase agreement.
At The Customer’s choice, Donor Network may store purchased donor gametes for up to 30 days from the purchase date at no additional cost. 30 days after 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 or force majeure and that may affect the stored donor gametes.
Donor gametes will be delivered to The Treating Clinic designated by The Customer (DAP/Delivered at Place according to Incoterms 2020) unless otherwise specified in the agreement with Donor Network. The Customer accepts that The Treating Clinic will act as The Customer’s representative in respect of the examination of the delivered donor gametes, return of shipping containers, etc. The Customer bears the risk for delays or damage after the product is handed to the carrier for any reason including but not limited to customs clearance.
Donor Network will be pleased to assist with information but is not responsible for handling any customs clearance or import permits.
Upon receipt of a shipment, The Treating Clinic must examine the products for any non-conformities. If The Treating Clinic has discovered a non-conformity for which The Gamete Bank or Donor Network is responsible, The Treating Clinic must notify Donor Network accordingly and return 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 acknowledges that this could have an impact on the originally intended treatment schedule, for which neither The Gamete Bank or Donor Network can be held liable.
If The Customer or The Treating Clinic suspects that the units may be thawed, The Customer must contact Donor Network prior to returning the products to ensure that they are returned in proper condition. If the products are not delivered on time and if the delay is due to circumstances for which The Customer bears the risk including delay from the carrier, Donor Network disclaims all responsibility in this connection and The Customer loses the right to claim damages for delay.
Nitrogen containers and shipping boxes remain the property of Donor Network 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, Donor Network is entitled to demand a weekly rent (at present EUR 125 per commenced week) from both The Customer and The Treating Clinic.

6. 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.