This contract is between (1) Galway Baby Scans; (2) The limited company who operates the clinic that you attend, Galway Baby Scans (“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:
- The Services. We provide diagnostic health 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. The primary purpose of the scan is to check the health and wellbeing of the foetus. We aim to complete your scan abdominally but if you have ordered are suspected to be earlier in pregnancy (6 weeks to 15 weeks) in certain circumstances we may need to undertake an internal (Trans Vaginal) scan. Our sonographer will discuss this with you beforehand. We will ensure dignity and we provide a trained female chaperone in all of our scans. You can decline an internal scan however if you do, you accept that we may not be able to provide you with conclusive information. We reserve the right to modify or improve our service without prior notice. We do not allow any personal photography to be carried out in our clinics. You must be 18 years old or over; if you are 16 or 17 years old, a responsible adult must accompany you to your appointment. We do not offer scans to anyone under the age of 16.
- Whilst You may elect to enjoy a gender or 4D ultrasound scan in addition to the well-being scan, You understand that the PRIMARY PURPOSE of each and every ultrasound service we offer is for the protection and maintenance of health of mother and fetus (baby). This ‘well-being’ element is the focal point of any of our packages and should an anomaly be identified, You understand that the remainder of the ultrasound scan and subsequent keepsakes will be forfeited by You. Any identified anomaly will be introduced to You along with a referral to Your General Practitioner, Midwife or local Fetal Medicine Unit. Not all abnormalities are detectable utilising ultrasound and the list of checks completed by your sonographer is not exhaustive. We cannot be responsible for abnormalities not detected as part of our well-being checks that do not form part of our protocols.
- 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.
- Prices. Our prices will be set out in our price list. We accept payment by way of cash or cheque (supported by a bank card), we do not accept debit or credit cards.
- How we accept your order. Our acceptance of your order will take place when you make a payment of the deposit of E xx. 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.
- 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.
- 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 refund if you cancel and we have already carried out the services. If the product is faulty you may be entitled to a refund.
- 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.
- What you will receive following the scan. You will receive a scan report or a wellbeing report (“Report”) depending on which scan you have purchased. This will be provided on a USB. 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 and check that the baby is growing normally. 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 will refer you to your HSE care provider. We will, with your permission, send a copy of the Report to your HSE care provider. It is your responsibility to ensure that you then consult with your HSE care provider. You understand and accept that we do not have your medical history and therefore cannot provide medical advice relating to any diagnosis or advise you on any diagnostic results.
- 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.
- What we cannot guarantee. We undertake to provide you with the best images possible but you understand that the result of 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.
- 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.
- Galway Baby Scans owns the intellectual property used in the promotion of our services, manages and maintains the website and booking system. Galway Baby Scans is party to this agreement for the purpose of this Condition 12 only. Galway Baby Scans shall have no liability for our failure to comply with these Conditions (including provision of the services). Unless you tell Galway Baby Scans otherwise, you agree to receive emails about special offers and products from Galway Baby Scans.
- 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. 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.
- How we use your data. We will only 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.
- 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 http://www.citizensinformation.ie/en/ or call 0761 07 9000
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 Sale of Goods and Supply of Services Act 1980 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.