Terms and Conditions of Purchase

By purchasing donor sperm or related services from Premier, the Client confirms that they are at least 18 years of age and legally capable of entering into binding agreements. The Client further confirms that they are legally permitted to receive and use donor sperm in accordance with the laws and regulations applicable in their country of treatment.

Donor sperm purchased from Premier may only be used for the purpose of fertility treatment. It may not be used for any other purpose, including research, testing, resale, or distribution to third parties, without the prior written consent of Premier.

Purchases must be made either by the individual undergoing treatment, the Recipient, or by their Partner. For the purposes of these Terms, a Partner is a person who forms part of the same family unit as the Recipient and who intends to assume parental responsibility for any resulting child. Purchases on behalf of third parties, including friends or family members other than the Partner, are not permitted.

Premier distributes donor sperm in accordance with applicable legislation and reserves the right to limit distribution to licensed clinics or other approved recipients where required by law or internal compliance standards.

The Client acknowledges that any purchase from Premier constitutes a combined service and not a simple sale of a product. This service includes donor recruitment, screening and testing, medical evaluation, sperm processing and regulatory compliance, as well as the preparation and maintenance of required documentation.

The donor sperm itself forms part of this overall service package and cannot be considered a standalone commodity. Accordingly, the Client accepts that the value of the purchase reflects the entirety of these services.

All donors are selected and screened in accordance with applicable Danish and European legislation, as well as Premier's internal procedures. This process includes assessments of the donor's medical history, family health background, physical condition, and testing for relevant infectious and genetic diseases.

Donors participate voluntarily and provide informed consent for the use of their sperm. However, the Client acknowledges that Premier cannot guarantee the continued availability of any specific donor, nor the duration or frequency of a donor's participation in the program.

Donors retain the right to withdraw their consent at any time. Such withdrawal may affect the availability of donor sperm and may result in the suspension or discontinuation of future shipments. Premier is not liable for a discontinuation of sperm from a particular donor.

Premier provides certain information regarding donors, including physical characteristics, medical background, and, where available, extended profile information. This information is provided for the Client's convenience and to support informed decision making.

While Premier takes reasonable steps to ensure that donor information is accurate and reliable, some information is based on self-reporting by the donor. Premier therefore does not guarantee the completeness of such information and accepts no liability for any inaccuracies.

It is the responsibility of the Client to review the available donor information and ensure that it meets their individual preferences and requirements prior to placing an order. No additional information about the donor can be requested after the purchase has been completed.

All donors from Premier are classified as ID-release donors, meaning that a donor-conceived individual may be entitled to obtain identifying information about the donor upon reaching legal age, subject to applicable legislation.

Parents or legal guardians may not request identifying information on behalf of the donor-conceived individual unless permitted by law.

The Client acknowledges and agrees that the donor is not considered a legal parent of any child conceived using donor sperm provided by Premier. The donor has no legal rights, obligations, or responsibilities in relation to any resulting child, whether now or in the future.

The Recipient, and where applicable the Partner, assume full legal and parental responsibility for any child conceived as a result of treatment using donor sperm.

Premier may offer compatibility matching services to reduce the risk of hereditary conditions.

The Client acknowledges that such services are intended to reduce risk only and do not eliminate the possibility of genetic conditions. By agreeing to the Terms, the Client accepts that the possibility cannot be entirely eliminated. Not all genetic conditions can be identified through current screening methods, and genetic conditions may also arise spontaneously without any known hereditary cause.

The Client is responsible for providing accurate and relevant information where genetic matching is performed. Premier shall not be liable for genetic conditions that are not identified despite appropriate screening procedures.

Donor sperm is processed, tested, and stored by Premier in accordance with applicable legislation and established quality standards. The sperm is preserved using validated cryogenic methods designed to maintain safety and viability during storage and transport.

Due to biological and technical variability, certain parameters such as sperm count and motility may vary within acceptable limits. The Client acknowledges that such variations are inherent to biological materials and do not constitute a defect.

Once the donor sperm has been delivered, responsibility for proper storage, handling, and use transfers to the receiving party, whether this is a clinic or an authorized healthcare professional.

The Client acknowledges that certain jurisdictions impose limits on the number of families or pregnancies associated with a single donor. Premier monitors and manages such limits through internal systems and, where applicable, in cooperation with national authorities or registries.

Premier also applies its own internal limits on the use of each donor as part of its quality, safety, and ethical framework. Such limits may be stricter than those required by applicable legislation.

The Client agrees to support compliance with such requirements, including informing their treatment clinic of any pregnancy without undue delay. Premier reserves the right to restrict or discontinue the availability of donor sperm from a specific donor where such limits have been reached or are expected to be reached.

Despite comprehensive screening, there is always a residual risk that genetic conditions or other health issues may occur in donor-conceived children.

The Client is obligated to inform Premier without undue delay, through their treatment clinic or the authorized healthcare professional responsible for the use of the donor sperm, if they become aware of any serious health condition that may be related to the donor.

Premier may investigate such cases and, where necessary, suspend or permanently restrict the use of sperm from the donor in question. The Client acknowledges that such measures are necessary to ensure patient safety.

If the use of a donor is permanently restricted, the use of donor sperm from that donor may only be permitted in limited circumstances, such as for treatment involving existing embryos or for sibling pregnancies, where allowed under applicable law. In such cases, use is subject to the Recipient providing explicit informed consent, acknowledging the reason for the restriction and any associated risks.

Donor availability may change over time due to circumstances beyond Premier's control. In addition to withdrawal of consent, availability may be affected by medical findings, regulatory restrictions, or the death of the donor.

The Client acknowledges that such events may affect ongoing or planned treatment and do not constitute a breach of these Terms. The Client further acknowledges that the fluid situation regarding donors means that a specific donor cannot be guaranteed, including for potential siblings.

Orders may be placed through Premier's website or other approved channels. An order is not binding on Premier until it has been confirmed in writing.

Payment must be completed prior to shipment unless otherwise agreed. Where payment is not made in good time, Premier is under no obligation to continue with shipping. Premier reserves the right to cancel or refuse any order, including where required for legal, regulatory, or compliance reasons.

Donor sperm is shipped using validated transport solutions designed for biological materials. Delivery may take place either to a licensed clinic or an authorized healthcare professional.

Delivery times are indicative only and may be affected by external factors, including transport conditions, customs procedures, and regulatory requirements.

Upon delivery, responsibility for the donor sperm transfers to the receiving party. Premier shall not be responsible for any issues arising after delivery, including improper handling or storage.

The Client may request replacement of donor sperm in cases where a donor becomes unavailable, including due to withdrawal of consent, permanently blocked donors, or death.

Any replacement is subject to availability and will, where possible, match the original specifications as closely as reasonably possible. This cannot be guaranteed. Replacement does not entitle the Client to a refund unless otherwise explicitly agreed.

Requests must be made within a reasonable timeframe and prior to the use of the donor sperm. Premier reserves the right to assess eligibility for replacement on a case-by-case basis.

Premier processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR).

The Client agrees to treat any information received about donors or Premier's operations as confidential and not to attempt to identify or contact donors or other recipients, including through genetic databases, genealogy services, DNA testing platforms, social media, online communities, public registries, or similar tools that may enable direct or indirect identification of a donor or the donor's biological relatives.

In the event that Premier ceases its activities, in whole or in part, or transfers its operations to another approved tissue establishment, the Client acknowledges and agrees that relevant data may be transferred to such establishment.

Such data transfer may include information necessary to ensure continued traceability of donor material, compliance with applicable legal and regulatory requirements, and protection of patient safety and follow-up obligations.

Any transfer of data will be carried out in accordance with applicable data protection legislation, including GDPR, relevant tissue and cells regulations, and confidentiality obligations.

The Client acknowledges that such transfer may be required to ensure continuity of regulatory obligations and does not require additional consent where permitted by law.

The Client acknowledges that fertility treatment involves inherent risks and uncertainties. Outcomes cannot be guaranteed and the use of Premier's services does not necessarily result in pregnancy or post-thaw viability, regardless of the number of uses. Premier shall have no liability in the event the use does not lead to a successful pregnancy.

To the extent permitted by law, Premier shall not be liable for any indirect or consequential losses whatsoever, including unsuccessful treatment outcomes, pregnancy complications, or genetic conditions.

Premier shall further not be liable for any financial or economic loss incurred by the Client in connection with treatment, including costs related to medical treatment, medication, travel, accommodation, clinic services, or time taken off work, regardless of whether such costs arise due to donor unavailability, restrictions, shipment delays, or other circumstances beyond the control of Premier.

Premier does not provide medical, financial, or legal advice. The Client is responsible for consulting relevant professionals in connection with treatment decisions.

Premier shall not be liable for delays or failures to perform its obligations where such delay or failure is due to circumstances beyond reasonable control, including transport disruptions, regulatory actions, natural events, wars, or pandemics.

To the fullest extent permitted by law, the Client shall indemnify and hold harmless Premier, its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, demands, actions, liabilities, costs, and expenses arising out of or resulting from the Client's breach of these Terms, or unlawful actions in connection with the activities associated with the Agreement. This obligation shall survive the expiration or termination of this Agreement.

These Terms are governed by Danish law. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Danish courts, regardless of where the Client is based.

If the Client has any questions or wishes to submit a complaint, they may contact Premier Sperm Bank DK at info@premierspermbank.dk.

If a complaint cannot be resolved, the Client may refer the matter to the relevant Danish complaint authority or the EU online dispute resolution platform.