Terms & Conditions


Terms & Conditions

WINDOW TO THE WOMB
Terms and Conditions

Contents

  1. THESE TERMS
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
  3. OUR CONTRACT WITH YOU
  4. OUR PRODUCTS
  5. YOUR RIGHTS TO MAKE CHANGES
  6. PROVIDING THE PRODUCTS
  7. YOUR RIGHT TO END THE CONTRACT
  8. OUR RIGHTS TO END THE CONTRACT
  9. IF THERE IS A PROBLEM WITH THE PRODUCT
  10. PRICE AND PAYMENT
  11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
  12. HOW WE MAY USE YOUR PERSONAL INFORMATION
  13. OTHER IMPORTANT TERMS

OUR TERMS

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which We supply products to You (including goods, services and digital content).
    2. Why You should read them. Please read these terms carefully. These terms tell You who We are, how We will provide products to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who We are. We are a company registered in England and Wales trading as Window to the Womb. Our company registration number is 08756928 and Our registered office is at National House, 80-82 Wellington Road North, Stockport, Cheshire, SK4 1HW. Our registered VAT number is GB181251722.
    2. How to contact us. You can contact Our customer service team by writing to us at enquiries@windowtothewomb.co.uk or National House, 80-82 Wellington Road North, Stockport, Cheshire, SK4 1HW.
    3. How We may contact You. If We have to contact You We will do so by telephone or by writing to You at the email address or postal address provided to us by You.
    4. “Writing” includes emails. When We use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. How We will accept Your order. Our acceptance of Your order for a 2D, 3D, 4D or HD fetal ultrasound scan will take place when You provide us with Your non-refundable deposit of £20, at which point a contract will come into existence between You and us.
    2. If We cannot accept Your order. If We are unable to accept Your order, We will inform You of this in writing and will not charge You. This might be because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the product or because We are unable to meet a delivery deadline You have specified.
    3. We only sell to the UK. Our brochure and website are solely for the promotion of Our products in the UK. Unfortunately, We do not accept orders from addresses outside the UK.
  4. OUR PRODUCTS
    1. Age. We offer scans to women who are 18 years old or more. If you are 16 or 17 years old we will only complete your scan if you bring a ‘responsible adult’ with you to your scan. A responsible adult must be a person who is over 18 years old and is responsible for you as a parent or guardian. We do not scan anyone who is under the age of 16 years old. You may be asked to provide identification for the purpose of age verification, if you are unable to provide acceptable identification we will not be able to complete the scan, no refund will be offered.
    2. Products may vary slightly from their pictures. The images of the finished products on Our website are for illustrative purposes only. Although We have made every effort to display the images accurately, We cannot guarantee that a device’s display of colours or the printed pictures in Our brochure accurately reflects the picture quality that You will receive of the products. Your product may vary slightly from those images.
    3. Medical. Whilst You may elect to enjoy a 4D ultrasound 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.
    4. Guarantee. WE CANNOT GUARANTEE FULL FACE IMAGES OF YOUR UNBORN BABY AS THESE IMAGES DEPEND ON YOUR BABY’S POSITION IN THE WOMB. WE UNDERTAKE TO PROVIDE YOU WITH THE BEST IMAGES POSSIBLE BUT YOU UNDERSTAND THAT THESE DEPEND ON YOUR BABY’S COOPERATION DURING THE APPOINTMENT. With this in mind We may not be able to guarantee that Your appointment will run on time but We will always do Our very best to capture the best possible images.
    5. Sexing scans. WHILST WE ARE VIRTUALLY ALWAYS ABLE TO SEX A BABY CORRECTLY, SEXING SCANS CAN NEVER BE 100% ACCURATE. WE ACCEPT NO LIABILITY OF ANY SORT WHATSOEVER FOR THE PROVISION OF AN INCORRECT INDICATION OF YOUR BABY’S GENDER.
  5. YOUR RIGHTS TO MAKE CHANGES
    If You wish to make a change to the product You have ordered please contact us. We will let You know if the change is possible. If it is possible We will let You know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change.
  6. PROVIDING THE PRODUCTS
    1. We will record images and movie clips of Your scan on CD, DVD or USB as agreed with You. Please note that We retain copies of Your scan images only for 30 days, with the objective of ensuring We provide You with a satisfactory recording, You must report any problems with the CD or USB to us as soon as possible, within this period, as it may not be possible to recover Your scanned images at a later date. If You are not satisfied with any aspect of Our service You must report this to us at Your earliest convenience.
    2. We do not allow any personal photography to be carried out in Our studios.
    3. We will begin the services on the date agreed with You during the order process. The estimated completion date for the services is as told to You during the order process. We are not responsible for delays outside Our control. If Our supply of the products is delayed by 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. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact us to end the contract and receive a refund for any products You have paid for but not received.
    4. Collection by You. If You have asked to collect the products from Our premises, You can collect them from us at any time during Our working hours of (please contact your local studio for opening hours).
    5. Ultrasound scan. It is advised that You obtain appropriate antenatal care from your local NHS trust as these services are normally free of charge and aim to ensure the wellbeing of mother and baby. The well-being check that forms all or part of Our ultrasound scans are conducted with the same objective as those provided by the NHS. Should Our Radiographers diagnose a potential fetal anomaly, they will refer You for the appropriate care within the NHS.
    6. As the photographs, CD or DVD are ancillary to the medical scan they can only used as a pictorial keepsake souvenir of the scan of Your unborn baby and are not intended for any other purpose, other than home entertainment. The well-being report and any written diagnostic information provided by Your Radiographer during your ultrasound scan may and should be passed to Your antenatal care provider within the NHS.
    7. When You become responsible for the product. The product will be Your responsibility from the time You collect it from us.
    8. When You own goods. You own a product which is goods once We have received payment in full.
    9. What will happen if You do not give required information to us. We will need certain information from You so that We can supply the products to You, for example: hospital notes; details of any current medication; anything else notified to You by Our staff at the time of booking Your appointment. If so, this will have been stated in the description of the products on Our website. If You do not give us this information before the appointment or if You give us incomplete or incorrect information, We may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by You not giving us the information We need within a reasonable time of us asking for it.
    10. Reasons We may suspend the supply of products to You. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the product as requested by You or notified to us by You.
    11. Your rights if We suspend the supply of products. We will contact You in advance to tell You We will be suspending supply of the product, unless the problem is urgent or an emergency.
    12. We may also suspend supply of the products if You do not pay. If You do not pay us for the products when You are supposed to (see clause 10.4) and You still do not make payment within 7 days of us reminding You that payment is due, We may suspend supply of the products until You have paid us the outstanding amounts. We will contact You to tell You we are suspending supply of the products. We will not suspend the products where You dispute the unpaid invoice. As well as suspending the products We can also charge You interest on Your overdue payments (see clause 10.5).
  7. YOUR RIGHT TO END THE CONTRACT
    1. You can always end the contract for the supply of a product before it has been completed. You may contact us to end Your contract for a product at any time before We have delivered it or completed supplying it and You have paid for it, but in some circumstances We may charge You for doing so, as described below. Of course, You always have rights where a product is faulty or mis-described (see clause 9, “If there is a problem with the products”).
    2. What happens if You have a good reason for ending the contract. If You are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and We will refund You in full for any products which have not been provided or have not been provided properly and You may also be entitled to further compensation. The reasons are:
      1. We have told You about an upcoming change to the product or these terms which You do not agree to;
      2. We have told You about an error in the price or description of the product You have ordered and You do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside Our control;
      4. You have a legal right to end the contract because of something We have done wrong.
    3. What happens if You end the contract without a good reason. If You are not ending the contract for one of the reasons set out in clause 7.2, then the contract will end immediately and We will refund any sums paid by You for products not provided but We may deduct from that refund (or, if You have not made an advance payment, charge You) reasonable compensation for the net costs We will incur as a result of Your ending the contract.
    4. Returning products after ending the contract. If You end the contract after products have been dispatched to You and (because We cannot recall them) they are delivered to You, You must return them to us. If You are ending the contract because We have told You of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside Our control or because You are exercising Your legal rights to end the contract because of something We have done wrong then We will pay the costs of return. In all other circumstances You must pay the costs of return.
  8. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if You break it. We may end the contract for a product at any time by writing to You if:
      1. You do not make any payment to us when it is due and You still do not make payment within 7 days of reminding You that payment is due;
      2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      3. You do not, within a reasonable time, allow us to deliver the products to You or collect them from us; or
      4. You do not, within a reasonable time, allow us access to Your premises to supply the services.
    2. You must compensate us if You break the contract. If We end the contract in the situations set out in clause 8.1 We will refund any money You have paid in advance for products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the contract.
  9. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. How to tell us about problems. If You have any questions or complaints about the product, please contact us. You can email Our customer service team at enquiries@windowtothewomb.co.uk or write to us at National House, 80-82 Wellington Road North, Stockport, Cheshire, SK4 1HW. Alternatively, please speak to one of Our studio managers.
    2. Summary of Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the below for a summary of Your key legal rights in relation to the product. Nothing in these terms will affect 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.

      If Your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of Your product Your legal rights entitle You to the following:

      • up to 30 days: if Your goods are faulty, then You can get an immediate refund;
      • up to six months: if Your goods can’t be repaired or replaced, then You’re entitled to a full refund, in most cases;
      • up to six years: if Your goods do not last a reasonable length of time You may be entitled to some money back.

      If Your product is services, the Consumer Rights Act 2015 says:

      • 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 You haven’t agreed a price beforehand, what You’re asked to pay must be reasonable;
      • if You haven’t agreed a time beforehand, it must be carried out within a reasonable time.
    3. Your obligation to return rejected products. If You wish to exercise Your legal rights to reject products You must either return them in person to where You bought them or post them back to us. We will pay the costs of postage or collection.
  10. PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in Our price list in force at the date of Your order unless We have agreed another price in writing. We use Our best efforts to ensure that the price of product advised to You is correct. However, please see clause 10.3 for what happens if We discover an error in the price of the product You order.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between Your order date and the date We supply the product, We will adjust the rate of VAT that You pay, unless You have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if We get the price wrong. It is always possible that, despite Our best efforts, some of the products We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the product’s correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the product’s correct price at Your order date is higher than the price stated in Our price list, We will contact You for Your instructions before We accept Your order.
    4. When You must pay and how You must pay. We accept payment with all major credit/debit cards. When You must pay depends on what product You are buying:
      1. for goods, You must pay for the products before We dispatch them. We will not charge Your credit or debit card until We dispatch the products to You;
      2. for services, You must pay for the services before We complete them. We will not charge Your credit or debit card until You attend your service appointment save for an advanced payment You make of £20 to secure your service appointment.
    5. We can charge interest if You pay late. If You do not make any payment to us by the due date We may charge interest to You on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to You for foreseeable loss and damage caused by us. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract of Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. 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 it might happened, for example, if You discussed it with us during the sales process.
    2. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the products including the right to receive products which are: as described and match information We provided to You; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
    3. We are not liable for business losses. We only supply the products for domestic and private use. If You use the products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
  12. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How We will use Your personal information. We will use the personal information You provide to us:
      1. to supply the products to You;
      2. to process Your payment for the products; and
      3. if You agreed to this during the order process, to inform You about similar products that We provide, but You may stop receiving these at any time by contacting us.
    2. We will only give Your personal information to third parties where the law either requires or allows us to do so.
  13. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.
    2. You need Our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the products, We can still require You to make the payment at a later date.

    6. Which laws apply to this contract and where You may bring legal proceedings. These terms 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.