Terms and Conditions for the Supply of Goods and/or Services
These Terms and Conditions govern the supply of all Goods and/or Services provided by us to you.
1. Definitions
“agreement” is a reference to these Terms and Conditions and any order form and payment instructions provided to you;
“Goods” means the product or products ordered by you from us;
“Services” means the service that you have requested us to provide to you;
“Terms and Conditions” means the terms and conditions of supply set out in this document;
“you”, “your” and “yours” are references to you the person purchasing any Goods or Services from us;
“we”, “us” and “our” are references to the Aster Baby Scan Clinic Limited.
2. Ordering
2.1 When ordering any Goods or Services from us, you do so in accordance with this agreement. You are deemed to have accepted the prices of the Goods or Services quoted to you and other terms such as delivery which may have been quoted to you at the time of placing your order.
2.2 Any contract for the supply of Goods or Services is between you and the Aster Baby Scan Clinic Limited.
2.3 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
2.4 Goods and Services purchased from us are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Goods or Services.
3. Prices and Payment
3.1 All prices quoted to you are correct at the time of quotation and are valid for the duration of the pregnancy and we reserve the right to alter our prices after this time. Prices are inclusive of the relevant sales tax but exclusive of delivery charges which will be added to your order, if appropriate.
3.2 The total price for Goods or Services ordered, including delivery charges, will be confirmed to you when you place your order.
3.3 Full payment must be made for all Goods or Services
3.4 Payment must be made by one of the methods accepted by us as notified to you.
3.5 Failure to pay on time will result either in the cancellation of your order. We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.
4. Delivery
4.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. Time is not of the essence for delivery of any Goods or supply of any Service under this agreement.
5. Cancellation and Returns of Goods
5.1 You must notify us immediately if you decide to cancel your order. The time limit for notification of 48 hours following the date you place your order.
5.2 We do not charge a booking fee.
5.3 You are entitled to return Goods ordered (this applies only to Group B strep kit or gender reveal balloons or celebrations and not to scans or other services such as antenatal education classes and advice sessions) within 28 days of receipt of the Goods if the Goods are faulty or do not comply with this agreement. You will be entitled to have the Goods repaired or replaced provided the Goods are not damaged and have not been used.
5.4 The cost of returning the goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you. Any refunds or re-credits will be undertaken within 30 days.
6. Title
Full title in the Goods shall remain fully vested in us until we receive payment in full for the Goods.
7. Supplier Obligations
7.1 We hereby warrant to provide the Goods or Services in accordance with the description or specification contained in our quote.
7.2 We will perform the Services with reasonable skill and care in accordance with accepted industry practice and standards.
8. Limitation of Liability
8.1 We disclaim any and all liability to you for the supply of the Goods or Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
8.2 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
8.3 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the Goods or Services purchased from us.
8.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
9. General
9.1 We may subcontract any part or parts of delivery of the Goods or the Services that we provide to you from time to time.
9.2 The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
9.3 If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
9.4 These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
9.5 No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.6 It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.