1. The Services. We provide non-diagnostic souvenir scans of your baby. All of our scans are completed by trained and registered medical professionals specialising in foetal ultrasound. They may be radiographers or midwives with sonography qualifications (in these Conditions referred to as sonographer(s)). With your consent, we will carry out a foetal ultrasound scan of your baby. The primary purpose of the scan is to facilitate parental bonding. Your scan will primarily be to obtain keepsake images of the foetus. 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 ongoing treatment. 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.
Magical Views LTD is not responsible for any mistakes, errors or omissions as no scan is 100% accurate.
When providing information about fetal gender the sonographer will use their experience to offer their opinion. No gender scan is 100% accurate.
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 if a Report is completed completed it is a non diagnostic overview of your pregnancy. We strongly recommend that you access all antenatal services made available to you by the NHS. You also understand that ultrasound scans provided by us are not suitable for 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 in rare circumstances we may offer to undertake an internal (Trans Vaginal) scan. Your 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.
4. COVID 19. In line with the latest government guidance, all persons entering the Magical views Limited clinic from September 1st 2020 will be required to wear a face covering or face mask for the duration of their visit to the clinic. This clause now forms part of the contract between You, and Magical Views Limited. Our Covid 19 Risk assessment is available on our website. Our full Covid 19 policy documentation is available on request
5. Modification. We reserve the right to modify or improve our service without prior notice.
6. Age. You must be 16 years old or over; We cannot scan anyone under the age of 16.
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. Prices. Our prices will be set out on our website. We accept payment on debit or credit cards. We also accept payment by way of cash only when you attend the clinic.
9. How we accept your order. Our acceptance of your order will take place when you make a payment of the full amount of your scan. 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.
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, our Date of Birth and Estimated Delivery Date). 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.
11. Cancellation of the services by you. You can end the contract for the supply of services before you have received the services, but you will not be entitled to refund if we have already carried out the services. We require 48 hours notice before the scheduled start time of the scan in order to process a refund. If you cancel after the 48 hour period you will still be charged in full. If the product is faulty you may be entitled to a refund. See the “Your Rights” box for more information.
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.
13. What you will receive following the scan. You will printed images and/or souvenir gifts depending on which scan you have purchased.
14. Ownership of the product. We retain copyright of any images that we take. Ownership of the any goods provided shall belong to you once we receive payment in full for the services and the scan is complete.
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.
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,. 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 information sets out your legal rights.
17. Intellectual Property. Magical views Limited owns the intellectual property used in the promotion of our services, manages and maintains the website and booking system. Magical Views Limited is party to this agreement for the purpose of this Condition 17 only. Magical Views Ltd shall have no liability for our failure to comply with these Conditions (including provision of the services).
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.
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 scans for the statutory limit of 6 years. After this they will be permanently erased. If an abnormality is found we will refer you on to your pregnancy care provider and provide them with information from the scan, and your personal details. If you are not willing for this information to be shared you must inform us at them time.
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.
21. 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.
22. 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.
23. Complaints, compliments and feedback. If you have any questions, comments or complaints about the services, please contact us as soon as you can either in person or via email at feedback@magical-views.co.uk. We will do our best to resolve or rectify any issues you have. A copy of our complaints policy is available on request.
24. 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.