Terms and conditions
These Terms and conditions govern access to the website davideliot.me, the conclusion of distance contracts and the use of the services, digital products, courses and the Elemente app offered by DAVID ELIOT S.R.L. Please read them before using the website or placing an order.
The website davideliot.me is owned and operated by DAVID ELIOT S.R.L., a Romanian legal entity with its registered office in Maramureș County, Baia Mare, Strada Victoriei no. 11, apt. 26, registered with the Trade Register Office under no. J2024038670006, EUID ROONRC.J2024038670006, tax identification number (CUI) 50841050, hereinafter referred to as “the Company”, “we” or “DAVID ELIOT S.R.L.”.
Contact: hello@davideliot.me
2. Scope
These Terms apply to visitors of the website, individual customers, consumers, professionals and users of the Elemente app, to the extent that the legal relationship is not governed by special conditions communicated before the order.
Simply browsing the website does not create an obligation to buy a product or service. The rules on use of the website, intellectual property and conduct, however, apply to all visitors. A contract for a product or service is concluded only in accordance with the section on orders.
If an offer, a course, an event or a feature of the app has special conditions, those conditions supplement this document. In case of inconsistency, the special conditions prevail only for the matter they govern, without limiting the mandatory rights of consumers.
3. Definitions
Consumer: a natural person acting for purposes outside their commercial, industrial, production, craft or professional activity.
Customer: a natural or legal person who requests or purchases a product or service.
Service: a session, analysis, orientation process, class, course, event or other service described on the website.
Digital content: data or materials supplied in digital form, including audio and video materials, documents, downloadable resources and online access.
The app: the Elemente app, developed and published by DAVID ELIOT S.R.L.
Third-party platform: an external service used for payments, bookings, communication, hosting, app distribution or content delivery.
4. Capacity to contract
You may place an order if you are at least 18 years old and have full legal capacity. A minor may use a service or product only with the consent and, where necessary, under the supervision of their legal representative. If you purchase on behalf of an organization, you confirm that you have the authority to bind it contractually.
5. Services and products offered
Depending on the availability shown on the website, the offer may include:
- Personalized charts: natal, karmic, predictive and relationship, delivered in the format described on the offer page, including an audio interpretation or a live session;
- Astro Coaching 1:1, as an individual process of clarification and orientation;
- Astro Branding, as an orientation service for the identity, positioning and expression of a project or brand;
- Group yoga classes, online classes and individual sessions of yoga, breathwork and elemental practice;
- The course În ritmul elementelor (In the rhythm of the elements): modules dedicated to Earth, Water, Fire, Air and Ether, as well as the synthesis course on the elements;
- Workshops, retreats and other events, when published;
- The Elemente app and its associated features or digital content;
- Editorial, audio, video or downloadable materials.
The essential characteristics, format, price, duration, availability, technical requirements and estimated delivery time are those shown on the product or service page at the time of the order.
6. Nature of the services and their limits
Astrology, coaching, yoga and elemental practices are offered for educational purposes, self-knowledge, orientation and personal practice. They do not guarantee a specific result and cannot predict future events with certainty. Astrological interpretations express a professional and symbolic reading of the available information, and decisions remain the customer’s responsibility.
The services and content do not constitute diagnosis, medical treatment, psychotherapy, or legal, tax, financial or investment advice, and do not replace the services of a licensed professional in the relevant field. In medical, psychiatric or crisis situations, seek the support of a specialist or the competent emergency services.
7. Information provided by the customer
The customer is responsible for providing correct, complete and current information, including name, contact details, billing details and, where applicable, date, time and place of birth. An inaccurate or unknown birth time may limit or change the astrological interpretation; this will be communicated when relevant.
For a relationship chart or another service involving another person’s information, the customer will provide only the strictly necessary data, will avoid contact details and intimate information that is not requested, and confirms that they have the right to share it and have informed that person about the Privacy Policy available on davideliot.me. We may ask for initials to be used instead of the full name.
The customer will not upload or share third-party data, health data or other sensitive information if it is not necessary for the requested service.
8. Orders and conclusion of the contract
Before placing the order, the customer can check the selected service or product, the total price, the currency, the payment method, the format and the essential information about delivery. The customer must correct any errors before confirming.
Submitting the form constitutes an order request. The contract is considered concluded when the customer receives the order confirmation at the email address provided and, for orders paid online, after confirmation that the payment has been authorized, unless the offer page expressly provides for a different moment.
When placing the order involves an obligation to pay, the final button will be labeled «Order with obligation to pay» or with an equivalent, unambiguous wording. The order does not create payment obligations if this legal requirement is not met.
The confirmation sent by email will contain, or give access on a durable medium to, the essential information of the order, these Terms, the Privacy Policy and, where applicable, the consents regarding the start of performance or the immediate supply of digital content.
We may refuse an order, with reasons, before the contract is confirmed if the service is unavailable, the information is insufficient, there is an obvious pricing or ordering error, the request goes beyond the competence or ethical framework of the service, or there are reasonable indications of fraud or abusive use. Any amount already collected for an order that is not accepted will be refunded.
9. Prices, payments and invoicing
Prices of the services are set and collected in RON (Romanian lei). The English version of the website may also show equivalents in EUR, for guidance only. These euro amounts are not the payment price and may differ from the exchange rate applied by your bank at the time of the transaction.
Payment is made in RON through the payment processor integrated into the website. The total price, applicable taxes and the amount to be paid are communicated before the order is confirmed. The applicable tax regime is the one provided by law and by the Company’s tax status on the date of the transaction.
Online payments may be processed through Stripe or through the distribution platform indicated at purchase. DAVID ELIOT S.R.L. does not directly store full card details. The payment processor may apply its own terms and verification measures.
The invoice is issued and sent in electronic format, in accordance with the law. The customer is responsible for the accuracy of the billing details.
In the event of an obvious technical pricing error, we will inform the customer before fulfilling the order. The customer may confirm the order at the correct price or cancel it, with a full refund of the amounts paid.
10. Delivery of services and content
The delivery time and method are indicated on the offer page or in the order confirmation. For a personalized analysis, the delivery time starts after receipt of payment and of all the necessary information. A delay by the customer in providing information may extend the delivery time accordingly.
Digital content may be delivered by email, course account, secure link, download or access in the app. The customer must make sure that the email address and the device used are functional and compatible with the requirements shown.
If we cannot deliver the service or content within the agreed time for reasons attributable to us, the customer is entitled to the remedies provided by law, including, where the legal conditions are met, setting an additional period, terminating the contract and obtaining a refund.
11. Bookings, cancellations and rescheduling
Live sessions are booked through the system indicated on the website. The time shown corresponds to the time zone selected or communicated on the booking page. The customer must check the date, time and connection method.
Without affecting the legal right of withdrawal, a session may be cancelled or rescheduled free of charge at least 24 hours before the scheduled time. A booking may be rescheduled once, subject to availability. Cancellations sent less than 24 hours in advance and no-shows do not give the right to a refund, except where the law requires otherwise or we expressly agree to a different solution.
A late arrival by the customer does not automatically extend the session. If the delay makes it impossible to hold the session usefully, it may be treated as a no-show.
If we cancel a session, the customer may choose between rescheduling and a full refund of the amount paid for the session not delivered.
12. Legal right of withdrawal
12.1. General rule
In the cases provided by Government Emergency Ordinance no. 34/2014, the consumer has 14 days to withdraw from a distance contract without giving any reason. For service contracts, the period runs from the conclusion of the contract. For goods, if offered, the period runs according to the legal rules applicable to delivery.
Withdrawal is communicated through an unequivocal statement sent to hello@davideliot.me or by using the model form at the end of these Terms. It is sufficient for the notice to be sent before the period expires.
12.2. Services started during the withdrawal period
If a consumer expressly requests that performance of a service begin before the end of the 14 days and then withdraws before the service has been fully performed, they may owe an amount proportionate to what was performed up to the notice of withdrawal, in accordance with the law.
The right of withdrawal ends after full performance of the service only if performance began with the consumer’s prior express consent and the consumer acknowledged that they would lose the right once the contract had been fully performed.
12.3. Digital content supplied immediately
For digital content not supplied on a tangible medium, the right of withdrawal ends when supply begins only if: the consumer gave prior express consent to the supply beginning during the withdrawal period; acknowledged that they would thereby lose the right of withdrawal; and the confirmation of the contract was provided in accordance with the law.
The consents above are requested separately in the ordering process and are not presumed merely from the general acceptance of these Terms.
12.4. Personalized services
A personalized astrological interpretation may include both an individual intellectual service and the delivery of a digital file. The applicable regime and the moment performance begins are communicated before the order. The consumer’s right is limited only to the extent and under the conditions permitted by law; the personalized nature of the service is not used, by itself, to remove the right of withdrawal.
12.5. Exceptions
The right of withdrawal does not apply in the cases expressly provided by law. No clause in this document restricts the consumer’s mandatory rights.
13. Refunds
When withdrawal or termination of the contract gives the right to a refund, we will refund the amounts due without undue delay and, in the case of legal withdrawal, no later than the period provided by law. Refunds are normally made using the same payment method, unless expressly agreed otherwise and the consumer does not incur costs as a result of the alternative method.
For purchases made through the Apple App Store or another app store, refund requests are handled by that platform within the limits of its control, according to the platform’s rules and the applicable legal rights.
14. Conformity of digital content and services
Digital content and services supplied to consumers benefit from the legal conformity requirements. If a digital product or service does not match its description, functionality, compatibility, updates or other mandatory requirements, the consumer may request that it be brought into conformity and the other remedies provided by Government Emergency Ordinance no. 141/2021, as applicable.
Before purchase, the relevant technical requirements, compatibility, known interoperability, duration of access and any technical restrictions will be indicated. Updates necessary to maintain conformity will be provided in accordance with the law and the offer.
15. The Elemente app
The Elemente app is developed and published by DAVID ELIOT S.R.L. Distribution, installation, updates, in-app purchases and subscriptions may be carried out through the Apple App Store or other platforms. Use of the distribution platform is also subject to that platform’s terms.
The app is informative, educational and intended for personal orientation. The indicators, cycles, biorhythms, astronomical calculations, elemental interpretations and recommendations do not constitute certain predictions, diagnosis, treatment, or professional medical, psychological, legal or financial advice.
The journal in the app is a personal tool for observation and planning. The content you write belongs to you: we do not publish it, use it or have access to it. The journal’s features are included in the app, with no separate payments beyond the subscription offered through the App Store.
Journal entries are kept on your device and, if you enable syncing, in the iCloud of your Apple account. We cannot recover deleted or lost entries; we recommend keeping your device backup turned on.
The reference points shown in the journal (element intervals, reference breath, lunation, Moon phase and sign) are for orientation only and are not predictions or professional advice. The decisions and actions you write down remain your choice and your responsibility.
The Privacy Policy describes the data processed by the app. The information published in the App Store about data collection should be read together with that policy.
16. Accounts and access
If a course, product or version of the app requires an account, the user must keep their access details confidential and inform us without delay if they suspect unauthorized access. The account is personal and may not be transferred or made available to other people without consent.
We may temporarily suspend access for reasons of security, maintenance, serious breach of the Terms, non-payment or use that affects other users or the technical systems. Where reasonably possible, the user will be informed and given the opportunity to remedy the situation.
17. Intellectual property
The texts, audio and video materials, courses, recordings, graphics, photographs, identity elements, original structure, methods, selection and organization of content, as well as the components of the app, are protected by intellectual property law and belong to DAVID ELIOT S.R.L. or its licensors, as applicable.
A purchase grants the customer a limited, non-exclusive, non-transferable right, revocable under the terms of the contract, for personal or internal use in line with the purpose of the offer. Full copying, recording, republishing, distribution, resale, making available to the public, commercial adaptation or the creation of competing products based on the materials is not permitted without written consent, except for uses expressly permitted by law.
Short excerpts may be quoted within the limits of the law, with the author, the source and a link to the original page indicated, provided the use does not replace the material and does not affect its normal exploitation.
18. Prohibited conduct
It is prohibited to use the website, accounts or app for unauthorized access, technical interference, introducing malicious code, fraud, infringing the rights of others, abusive automated collection of content, sharing access details or transmitting illegal or harmful content.
19. External services and links
The website and services may use or refer to external platforms for payments, bookings, video conferencing, hosting, email, newsletters and app distribution. These services are managed by third parties and may have their own terms and policies. We are responsible for reasonably choosing and configuring the providers we use, but we do not control the general operation of external services.
20. Availability, changes and force majeure
We make reasonable efforts to keep the website, the app and the content available, without guaranteeing uninterrupted operation. We may carry out updates, maintenance and changes necessary for security, compliance or improvement of the service, while respecting users’ contractual rights.
Neither party is liable for non-performance caused by a force majeure event recognized by law. The affected party will inform the other party within a reasonable time and will limit the effects where possible.
21. Limitation of liability
DAVID ELIOT S.R.L. is liable in accordance with the law for performing the obligations it has assumed. To the extent permitted by law, we are not liable for damage caused exclusively by incorrect information provided by the customer, use contrary to instructions, decisions taken solely on the basis of general content, technical incompatibilities communicated before purchase or events beyond our reasonable control.
Nothing in these Terms excludes or limits liability that cannot be excluded by law, the legal guarantees of conformity or the rights of consumers.
22. Complaints and dispute resolution
For questions or complaints, you can write to us at hello@davideliot.me. We will acknowledge receipt and try to reach an amicable solution within a reasonable time, depending on the nature of the request.
Consumers may use the alternative dispute resolution mechanisms made available by the Romanian National Authority for Consumer Protection (ANPC), through the information published on anpc.ro. Access to these mechanisms does not affect the right to refer the matter to the competent courts.
23. Applicable law and competent courts
These Terms are governed by Romanian law. Disputes will be settled amicably as a priority and, if this is not possible, by the competent courts according to the law. For consumers, the choice of Romanian law does not remove the protection afforded by the mandatory provisions of the law of the country of their habitual residence, where these apply.
24. Changes to the Terms
We may update the Terms to reflect legislative, technical or service changes. The version applicable to an order is the one accepted when the contract was concluded. Later changes do not retroactively affect rights already acquired. For significant changes to ongoing services, users will be informed by appropriate means.
25. Contact
DAVID ELIOT S.R.L.
Registered office: Maramureș County, Baia Mare, Strada Victoriei no. 11, apt. 26, Romania
Tax ID (CUI): 50841050 | Trade Register no.: J2024038670006
Email: hello@davideliot.me
Mobile: +40 723 889 889
Annex
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract and have an applicable legal right of withdrawal.
To: DAVID ELIOT S.R.L., Maramureș County, Baia Mare, Strada Victoriei no. 11, apt. 26, Romania, email hello@davideliot.me
I hereby give notice that I withdraw from my contract for the following service / product / digital content:
Ordered on:
Name of consumer:
Address of consumer:
Email used for the order:
Date:
Signature: (only if this form is sent on paper)