Agreement
Having a pretecho or ultrasound made at the client’s request is done at the client’s own free will and choice. After making an appointment (by telephone) for a pretecho the client will receive a written confirmation (by e-mail), which will include these terms and conditions. The agreement is not concluded until 040pretecho has confirmed the order/appointment in writing (by email or otherwise) to the client. The general terms and conditions are an integral part of the agreement. The agreement is not a medical treatment agreement in the sense of article 7:446 et seq. of the Dutch Civil Code.
Purpose pretecho
The purpose of an ultrasound at 040pretecho is to visualize the unborn child through ultrasound techniques for non-medical purposes. No statement made before, during or after the visit may be construed as a medical opinion. Client realizes that the person conducting the ultrasound will not make any statements regarding the health of the unborn child. Under no circumstances will there be a conscious search for abnormalities. If there is an abnormal ultrasound image, as seen by 040pretecho, this will be reported to the midwife or doctor after explicit consent of the client. From fourteen weeks the gender can be determined. However, sex determination can never be 100% certain. The position, mobility and positioning of a baby can cause the gender to be invisible.
Limitation of liability
040pretecho is not liable for failure to alert the client to any abnormalities of the child that may appear afterwards. 040pretecho accepts no liability for any incorrect estimation of the sex. 040pretecho is not liable for any harmful effects in the long or short term in connection with undergoing an ultrasound examination. 040pretecho is not liable for any damage – in whatever form – to the client and/or the (unborn) child, nor for any resulting costs and/or fees. Client also indemnifies 040pretecho for any claims of third parties in this regard. The above exclusions of liability do not apply to cases of intentional and / or deliberate recklessness on the part of 040pretecho.
Quality and safety
Ultrasound has been widely used for more than twenty-five years. Until now, no adverse effects or harmful effects have emerged in practice and in scientific research. Given the state of science and despite years of scientific research, to date no harmful effects are known regarding the use of ultrasound equipment. 040pretecho works exclusively with well-trained professional ultrasound operators. In all cases we strive for the best possible end result.
The person performing the ultrasound will not make any statements regarding the health of the unborn child. Under no circumstances will there be a conscious search for abnormalities. If there is an abnormal ultrasound image, as seen by 040pretecho, this will be reported to the midwife or doctor after your explicit consent. No measurements are taken during a pretecho. Because the final result of the consultation – especially in the case of three-dimensional (3D) ultrasound – depends on the position, location and mobility of the unborn child, the amount of amniotic fluid and the physique of the mother, 040pretecho cannot give any guarantee. Also not with regard to the quality of the image material. 040pretecho accepts no liability for failure or incorrect operation of the storage media used by 040pretecho. 040pretecho cannot guarantee that the medium used can be played elsewhere by the client.
Confidentiality
The ultrasound technicians at 040pretecho will treat confidentially all information that becomes known to them in the course of their work.
Rate, payment and cancellation
When making the appointment, ultrasound is chosen at an agreed upon price. Payment is due in cash / by pin immediately after the visit. If the payment conditions are not met, 040pretecho is entitled to retain the image material regarding the ultrasound. Cancellation by the client must take place at least 48 hours (2 working days) before the start of the consultation. If cancelled in time, no costs are due. In case of late cancellation or no-show, the full consultation fee will be charged. Refunds will not be made in the event of client dissatisfaction. Client can of course make a new appointment at any time.
Force majeure
If in the event of force majeure on the part of 040pretecho an appointment already confirmed cannot proceed any further, its obligation shall be suspended or cancelled. Unforeseen circumstances regarding persons and/or materials that make it impossible or so difficult and/or disproportionately expensive for 040pretecho to comply with the agreement shall be regarded as force majeure. In the event of force majeure, 040pretecho shall be entitled to dissolve the agreement without giving the client any right to compensation.
Copyright
Without written permission from 040pretecho, the client is expressly prohibited from reproducing in whole or in part image and/or sound material, in any way, other than for their own use. 040pretecho will not provide image and/or sound material to (a) third party(ies) without the written permission of the client. The audio and/or video material will not be used for advertising purposes without the permission of the client.
General provisions
Dutch law shall apply to the agreements concluded between 040pretecho and the client (including future agreements). All disputes arising from the (non-performance of the) agreement shall be settled exclusively by the competent court in Eindhoven.