This contract is between (1) Baby Ultrasound Sheffield Limited ; (2) The limited company who operates the clinic that you attend, trading as Baby Ultrasound Clinic ("we" "us") and (3) you, the customer ("you") and shall be governed by the following terms and conditions of sale ("Conditions"), none of which affect your statutory rights:
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1. The Services. We provide non-diagnostic keep sake scans of your baby. All of our scans are completed by trained and registered medical professionals specialising in fetal ultrasound. They may be radiographers, midwives or doctors (in these Conditions referred to as sonographer(s)). With your consent, we will carry out a fetal ultrasound scan of your baby. Your scan will check the size of your baby, check for multiple fetuses, detect some anomalies, show the position of the fetus and the placenta. If your sonographer believes that there is any area of your baby’s development that needs to be brought to your attention, they will discuss their findings openly with you. In these circumstances we may refer you to your NHS care provider for further assesment. We will, with your permission, send a copy of the Report to your NHS care provider. It is your responsibility to ensure that you then consult with your NHS care provider.
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2. Medical history. You understand and accept that we do not have your medical history and are a non-diagnostic clinic, therefore cannot provide general medical advice relating to your pregnancy. As such, the detection rate of certain abnormalities may be reduced. It is imperative that you access all antenatal services made available to you by the NHS as they may be able to offer similar and additional care services free of charge (such as those provided by a midwife). You also understand that your scan is not suitable to be considered as a diagnostic assessment of your pregnancy and is not exhaustive to all genetic scenarios due to the limitations of ultrasound and the gestation at which you present. Not all abnormalities are screened for or detectable using ultrasound; a copy of our fetal abnormality policy which summarises the abnormalities that are screened for is available at the clinic upon request.
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3. Appointment Arrival and Timeliness Policy To ensure a smooth and efficient appointment process, we kindly request that you arrive at least ten minutes prior to your scheduled time. This allows for the completion of any necessary paperwork before your session begins. Should you encounter unforeseen circumstances that may cause you to run late, please contact our office as soon as possible. We appreciate your understanding that appointments have a designated timeframe. Arriving late may unfortunately result in a shortened scanning session, as your appointment will conclude at the originally scheduled time. In cases of significant delays, we may be required to reschedule your appointment. We will notify you promptly in such situations. To maintain a fair schedule for all patients, failure to adhere to these arrival and timeliness guidelines may result in appointment cancellation with a corresponding charge. We appreciate your cooperation in ensuring a productive and timely appointment experience for all.
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4. Modification. We reserve the right to modify or improve our service without prior notice.
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5. Photography & recording. We do not allow any personal photography to be carried out in our clinics.
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6. Age. You must be 18 years old or over.
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7. Right to make changes. If you wish to make a change to the services or products you have ordered, please contact us. We will let you know whether the change is possible.
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8. Prices. Our prices will be set out in our price list. We accept payment on debit or credit cards but not American Express. We also accept payment by way of cash only when you attend the clinic.
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9. How we accept your order. Our acceptance of your order will take place when you make a payment of the deposit of £30.00. If we are unable to accept your order, we will inform you of this in writing and we will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan.
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10. Information we require in order to provide the services. We will need certain information from you in order to provide the services (for example, hospital notes and pregnancy history). If you do not provide us with this information or provide incorrect or incomplete information we may either end the contract or charge you a reasonable sum for the additional work undertaken to obtain the correct information. We will not be responsible for any delays in supplying the services if you do not provide the information.
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11. Cancellation of the services by you. You can always end the contract for the supply of services before you have received the services, but you may not be entitled to a refund. If the product is faulty, you may be entitled to a refund. See the "Your Rights" box for more information.
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12. Cancellation of the services by us. We may suspend or cancel the services if you do not pay us when you are supposed to or provide us with the information needed to carry out the services. We will refund you any money you have paid in advance if we have not provided the services but may deduct reasonable costs we incur as a result.
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13. What you will receive following the scan. You will receive a scan report or a well-being report ("Report") depending on which scan you have purchased.
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14. Ownership of the product. We retain copyright of any images that we take. Ownership of the Report shall belong to you once we receive payment in full for the services.
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15. What we cannot guarantee. We undertake to provide you with the best images possible but you understand that your baby's position during the scan is outside our control. We will use reasonable efforts to ensure that your appointment will run on time. In relation to gender scans, we cannot guarantee the accuracy of the gender identification. We will undertake to do our best to identify the sex of your baby. We accept no liability for any incorrect indication of your baby's gender.
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16. Our Liability to You. We shall not be responsible or liable for any injury, loss or damage to personal belongings whilst you are in our premises. We are only liable for our failure to comply with these Conditions and accept responsibility for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen, for example, if you discussed it with us during the consultation. We are not liable for any business losses as we only provide the services for domestic and private use. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The below table sets out your legal rights.
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17. We own the intellectual property used in the promotion of our services, manages and maintains the website and booking system. Unless you tell us otherwise, you agree to receive emails about special offers and products from us.
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18. Delays outside our control. If we have to delay or amend the date or time of your appointment due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. As examples, this may be as a result of any technical issues, changes in law or regulatory requirements. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
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19. How we use your data. We will use the personal information you provide to us to supply the services to you, process payment for the services and for the purpose of identification within this organisation and it will not be disclosed to any external sources without your express written consent. We will only give your personal information to third parties where we are required to do so by law. We will retain copies of your scan for 30 days in order to rectify any issues you may have following the scan.
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20. Enforceability. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately.
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21. Refunds. We have a no-refund policy for cancellations. However, we will do our best to reschedule your appointment if needed.
Summary of your legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Your rights under the Consumer Rights Act
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. If your product is goods (i.e. a picture), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
How to contact us
If you have any questions or complaints about the services, please contact us on the day of your appointment. We will do our best to resolve or rectify any issues you have.
Online dispute resolution and Alternative Dispute Resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution via their website at applications@cedr.com Online dispute resolution applies where services are bought online. It allows you to submit a complaint via an online complaint form which can be accessed here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Jurisdiction and governing law These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.