This contract is between (1) Maria Birch Trading As Sneak-A-Peek Ultrasound (“we”, “us”) and (2) you, the Client (“you”), and shall be governed by the following terms and conditions of sale (“Conditions”), none of which affect your statutory rights:
1: SERVICES: We provide ultrasound scans of your baby. All scans are completed by Maria Birch, a trained healthcare professional who specialises in fetal ultrasound, except when Maria is unable to provide services for health reasons (e.g. maternity, sickness).
Maria is registered with the Health and Care Professions Counsel as a Diagnostic Radiographer. She is also registered with the Care Quality Commission to provide diagnostic and screening services at Sneak-A-Peek Ultrasound.
If and when another sonographer is employed to perform pregnancy ultrasound scans at Sneak-A-Peek Ultrasound, they will be registered with the Health and Care Professions Council and have sufficient qualifications, skills and experience to perform scans to the same high standard.
With your consent, we will carry out a fetal ultrasound scan of your baby. Although the health and wellbeing of your fetus will be checked at every scan, we will not be held liable for any missed diagnosis or mis-diagnosis. 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 we believe there is any area of your baby’s development that needs to be brought to your attention we will discuss the ﬁndings openly with you. In these circumstances we will refer you to an NHS care provider for further investigation. 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.
2: MEDICAL HISTORY: You understand and accept that we do not have access to your full medical history and therefore cannot provide medical advice relating to any diagnosis or advise you on any diagnostic results not completed by us. You understand that the report completed is a diagnostic overview of your pregnancy and can be completed at a gestation different to your NHS routine screening scans. The detection rate of abnormalities may vary depending on your gestation at the time of your scan. Similar and additional antenatal services are available free of charge from the NHS. We strongly recommend that you access all antenatal services made available to you by the NHS. You also understand that one ultrasound scan is not suitable to be considered as the sole diagnostic assessment of your pregnancy and is not exhaustive to all genetic scenarios. Not all abnormalities are screened for or detectable using ultrasound.
3: METHOD: We aim to complete your scan abdominally but we may need to undertake an internal (Trans Vaginal) scan. You have every right to decline an internal scan. If you decline an internal scan, however, you accept that we may not be able to provide you with conclusive information. We will discuss this decision with you beforehand.
4: MODIFICATION: We reserve the right to modify or improve our service without prior notice.
5: PHOTOGRAPHY & RECORDING: We do not allow any personal photography to be carried out in our clinic. You will receive printed and digital images at every scan, inclusive of cost.
6: AGE: If you are under 18 years of age, a responsible adult must accompany you to your appointment.
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.
8: PRICE & PAYMENTS: We reserve the right to modify our prices at any time and without prior notice. We accept payment on debit or credit cards including Visa, Mastercard, American Express and Discover. We also accept payment by cheque, but please bear in mind we can’t schedule an appointment until your cheque has been received and cleared. Our acceptance of your order will take place on receipt of full payment.
9: INFORMATION WE REQUIRE TO PROVIDE SERVICES: We will need certain information from you in order to provide the services. We will ask you to complete a questionnaire, prior to booking, to collect this information. The information will be used to determine what services we can offer you and ensure those services are safe and effective. 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.
10: CANCELLATION OF THE SERVICES BY YOU:
(a) Under the Consumer Rights Act 2015, you have the right to an automatic 14-day cooling off period. If you order a service from us and you would like to cancel, please tell us within 14 days from the point of order. If you order a service which is due to be delivered inside the cooling off period, you are entitled to a refund, but we reserve the right to cover costs of services provided up until you cancel. Outside of the 14-day cooling off period, you can still end the contract for the supply of services before you have received the services. However, you will not be entitled to refund if at any time you cancel or we have already carried out the services.
(b) No re-scheduling is permitted. The sole exceptions are documented medical emergency, hospitalisation, severe illness or death in immediate family.
(c) If the product is faulty you may be entitled to a refund. See the “Your Rights” box for more information.
(d) We may, at our discretion, offer additional service guarantees outside of these terms and conditions, for which we reserve the right to modify without prior notice.
11: CANCELLATION OF THE SERVICES BY US:
We may cancel or re-schedule and refund your payment without financial penalty up to 15 days prior to the date. Such cancellation or change would only occur in extreme emergency.
We may suspend or cancel the services if you failed to tell us about any special requirements or provide us with the information required to carry out the services. We will refund your payment if we have not provided the services but may deduct reasonable costs we incur as a result.
12: WHAT YOU WILL RECEIVE FOLLOWING THE SCAN: You will receive a scan report, print images and digital images. You may receive other products or services at your scan, for which we reserve the right to modify without prior notice.
13: 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.
14: WHAT WE CANNOT GUARANTEE: We endeavour 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 do our best to identify the sex of your baby, if you desire, but we cannot guarantee the accuracy of gender identiﬁcation. We accept no liability for any incorrect indication of your baby’s gender.
15: 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.
16: 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. For example, there may be technical issues, changes in law or regulatory requirements. 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.
17: 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. 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 at least 30 days in order to rectify any issues you may have following the scan.
18: 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.
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. Email firstname.lastname@example.org.
ONLINE DISPUTE RESOLUTION
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.