Conditions of use
The London Sperm Bank (we’ll refer to it as ‘LSB’) is a registered company in London based at 112 Harley
Street and it is fully licensed by the HFEA (No L0011-20-a).
By placing an order on this site you, the recipient of the Sperm, confirm that you have:
• Attended an HFEA licensed clinic or an appropriately accredited overseas clinic for a consultation and have a treatment date agreed at that clinic.
• Received verbal and written information about your treatment and had the opportunity to discuss the procedures involved in receiving Sperm as part of your treatment with your treating clinic.
• Received all the relevant information pertaining to your treatment, as required by the HFEA Code of Practice, by your treating clinic.
• Been offered counselling by your treating clinic about the implications of the treatment.
• Been informed about the screening that the Sperm donor has undergone and the limitations of that screening in avoiding transmissible conditions.
• An order is considered completed when the recipient has completed and returned all required documentation, made payment and the recipient clinic has confirmed treatment. A completed order will be confirmed by the LSB.
• Your order should be completed at least 4 weeks before the intended treatment date. Any later than this and LSB cannot guarantee delivery in time for treatment and you will incur a late order fee of £150 to cover administrative costs.
• LSB will accept your order for Sperm when you have an open account with LSB.
• An account will be created for you when:
i. LSB has received confirmation from a HFEA licensed clinic or accredited overseas clinic that you are registered for treatment there; and
ii. you have attended your treating clinic for a consultation and have a treatment plan/date in place.
• If LSB is unable to verify your details with your chosen clinic, your order will be cancelled and not delivered. A refund will be given minus an administration charge of £150.
• LSB will confirm your order when they have received confirmation of your treatment cycle from your chosen clinic, as well as received your signed consent form and payment in full.
• Please respond to LSB’s confirmation email within 5 days or your order will be cancelled and a refund given minus an administration charge of £150. Remember to check your junk/spam mail folder. If you have any queries regarding the receipt of your confirmation email, please call 020 7563 0080 between 0900 – 17.30hrs and a member of staff will be happy to help you.
• Sperm will only be reserved and dispatched after full payment.
• See the Refunds and Cancellation policy for further details.
• Donor Sperm provided by LSB (‘Sperm’) may only be used for fertility treatment at an HFEA licensed clinic in the UK or an appropriately accredited overseas clinic.
• LSB provides Sperm to you for your exclusive personal use and you confirm that you will only use it as such.
• LSB Sperm provided to you may not be resold or distributed without LSB’s written permission.
• Information on donors comprises sensitive personal data for purposes of the Data Protection Act 1998. LSB will only provide relevant information to you for the purpose of allowing you to select a Sperm donor, without breaching the donor’s confidentiality.
• LSB’s catalogue usually has over 100 available donors at any one time. However, sample availability may be limited at times. LSB sells Sperm on a first come, first served basis.
• It is important that you inform LSB of your agreed treatment date and inform them of any changes in date immediately, should it occur.
• Sperm provided by LSB must be used in treatment within 2 months of the date of dispatch from LSB. This is to ensure that your reserved pregnancy slot is not lost.
• This agreement does not override the terms of paragraph 4A of Schedule 3 to the Human Fertilisation and Embryology Act 1990 (as amended) (‘HFE Act’) which provides that the Sperm donor may withdraw or vary his consent about the use of his Sperm in treatment at any time. This includes any embryo created using his Sperm at any time until that embryo is transferred to a woman or allowed to perish.
• Where the Sperm is used in licensed treatment, under the HFEA Act, the Sperm donor will not be the legal parent of any resulting child/(ren).
• You confirm that you are aware:
i. that non identifying information about you and the outcome of your treatment will be available to the Sperm donor (this may include the number and sex of any resulting children); and
ii. of the information about the Sperm donor that will be available to you and your children created as a result of the Sperm (for example the number and sex of any resulting children), including information recorded on the HFEA Register that the children are entitled to receive and the circumstances under which they may receive it.
• This Agreement is personal to you. You cannot assign or transfer any rights or obligations under it to any other person.
All donors available via the LSB online catalogue have been recruited and screened in compliance with donation criteria under the European Tissues and Cells Directive (‘EUTCD’), Human Fertilisation and Embryology Authority (HFEA) standards and professional guidance.
• All Sperm samples have been procured, tested, processed, preserved and stored in compliance with EUTCD and HFEA requirements.
• LSB also assesses Sperm according to LSB’s motility standard of 10 million motile Sperm per ml of sample. If a sample falls below this standard, the treating clinic may judge that ICSI may be appropriate to optimise the chances of fertilisation.
• Very occasionally, at the time of treatment, a thawed and prepared sample may not meet the predicted standard. All UK licensed clinics have protocols in dealing with these situations and will be in contact with the LSB.
• LSB Sperm meets all required quality standards. However, LSB cannot guarantee that a pregnancy will be achieved using Sperm or that any pregnancy or offspring derived as a result of using the Sperm will be free from genetic disorders/defects or infectious diseases. In particular:
i. it is impractical to test for ALL genetic markers or infectious diseases and in some cases there are no available tests;
ii. donor testing is properly administered; however even where the results show normal, the tests have limitations and may not be entirely reliable; and
iii. LSB’s recruitment processes (including counselling) rely on the donor providing accurate and correct information about their genetic and general health history. We treat the information provided by the donor in good faith. LSB has no way of independently verifying this information. In our experience we are not aware of any inaccurate information being provided by our donors.
Non-identifying information about each donor is displayed on the LSB online catalogue. LSB is unable to provide any further personal information on donors.
Subject to disclosures required as a matter of law, LSB will keep your personal information confidential at all times. However, in accordance with LSB’s registration (No ZA054217) at the UK Information Commissioner’s Office, LSB may, on request, share health information with healthcare professionals at the treating clinic and non-health information with LSB administrators for financial and/or auditing reasons.
• According to UK law Sperm procured from UK based donors may be used to create up to 10 families within the UK. As an HFEA licensed Sperm bank we are obligated to ensure that this limit is not infringed.
• This 10 family limit does not apply if LSB Sperm is used in treatment outside the UK (see page 6, ‘Use ofdonor Sperm in a non UK clinic).
• Where the Sperm donor has provided explicit consent that his Sperm can be used in treatment outside the UK the LSB applies a strict upper global limit of families that can be created.
• LSB will ensure that all orders placed on a week day are processed within 24 hours. Orders placed on a weekend will be processed the next working day. Orders will be dispatched no later than 7 days from when completion of the order process and receipt of your completed consent form.
• LSB will ship the Sperm sample via DHL in a liquid nitrogen vapour tank designed to keep the sample frozen for up to 5 days. The vapour tank has an integral monitor to ensure that the temperature is monitored at all times.
• LSB staff will ensure that all samples are properly packed in the transport vessel. However, LSB is not responsible for any damage caused by shipping delays or tank failures outside of LSB control.
• For the purposes of quality assurance, once a sample has been shipped out of the LSB, the sample cannot be returned.
• It is the responsibility of the receiving clinic to check the tank immediately on arrival, to ensure that it is fully functional and that the sample is frozen. Any concerns regarding the integrity of the shipment must be immediately reported to the LSB.
You may order Sperm for sibling treatment by ordering from the LSB online catalogue or contacting the LSB firstname.lastname@example.org prior to embarking on treatment preparation. However, LSB does not guarantee the availability of Sperm for sibling treatment.
• Where you have embryos in storage that have been created from Sperm from a previous treatment cycle, you should order the same donor again and discuss this with your treating clinic.
• There is an annual charge (or part of) for the storage of purchased sibling Sperm at LSB. Please see the current price list on the LSB website.
• The ability to track pregnancies is very important in order that the LSB can monitor the number of families created by each donor.
• By signing this agreement, you hereby accept responsibility of reporting your treatment outcome. Negative outcomes should be reported to the LSB no longer than 15 days after insemination and positive outcomes should be reported no later than 12 weeks after insemination (clinically confirmed by gestational sacs and feotal heart beat). By placing an order with the LSB you also give the LSB permission to contact your clinic in the unlikely event that we are unable to make contact with you regarding the outcome
of your treatment.
• You must inform the LSB where any resulting embryos are created and stored.
• We will send you a reminder via an automatic email at around the expected time of your pregnancy scan and delivery date.
• A member of staff from the LSB will contact your treating clinic if you fail to provide this information within 2 weeks of a pregnancy test or the birth of a child.
The export and import of Sperm for use in treatment in an overseas clinic is regulated by the HFEA (UK) and European Tissues and Cells Directive (EUTCD – EU). The LSB will not deviate from the regulations under any circumstance. Sperm purchased from LSB must not be exported overseas without prior agreement from the LSB.
• Sperm can only be exported to an overseas clinic:
i. where the clinic it is accredited, designated, authorised or licensed in accordance with the requirements of the European Tissues and Cells Directive (EUTCD) or an internationally recognised equivalent, if the clinic is based outside the EU;
ii. where the clinic can provide evidence that a Quality Management and traceability system is in place;
iii. when the donor has provided specific consent to export; this is part of our recruitment process. Please note that some donors may not provide consent for the export of their Sperm.
• The recipient should note that where donor Sperm is used in treatment at an overseas (non UK) clinic it is under the terms of local law. This should be discussed in detail with staff at the treating clinic, in advance of treatment.
We want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of our obligations to you, should you want to cancel your order with us. If you wish to cancel your order because you have changed your mind about your purchase, The London Sperm Bank will offer you a full refund provided that you cancel your order within 5 days of placing the order. Orders cancelled after 5 days will be refunded minus an administration fee of £150.00. Please also note that the courier fee will not be refunded on orders cancelled after 5 days.
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In the event that a London Sperm Bank product is mistakenly listed at an incorrect price, London Sperm Bank reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The London Sperm Bank reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, London Sperm Bank shall issue a credit to your credit card account in the amount of the incorrect price.
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