This pre-order agreement, hereinafter referred to as 'Conditions' or 'Agreement', regulates the reservation of a place on the waiting list for the possibility of a future conclusion of a purchase contract with NOVUS GmbH, in short 'NOVUS', 'Seller', 'we' or 'us' called for an electric motorcycle, also called 'bike', by the contractual partner, also called 'customer'.
Please read all of these terms carefully before submitting your pre-order. By submitting your pre-order, you agree to these terms and conditions.
1. Procedure - Mutual Rights and Duties
By submitting a pre-order on www.novusbike.com and paying the reservation fee using one of the payment methods provided, you can reserve a place on the waiting list to conclude a future purchase contract for a bike with NOVUS GmbH. For this, it is necessary that you provide information about your identity, your address and your contact information to NOVUS during the ordering process so that the order can be processed further.
This pre-order does not constitute an agreement for the sale of a bike and does not contain any binding price, production, delivery or product configuration. In order to complete the purchase of a bike, you must complete the standard order agreement and the NOVUS purchase agreement ('Final Sales Agreement'), which contain additional terms and conditions, including the final price sheet for the motorcycle you will ultimately select ('Your Selected Motorcycle').
You are not obliged to buy a bike from us and we are not obliged to deliver a bike to you.
If NOVUS accepts the pre-order, you will receive an e-mail with all the necessary information, in particular a reservation number, which is permanently linked to your place on the waiting list.
NOVUS can refuse pre-orders at its own discretion, for example to avoid oversubscription. If your pre-order is declined, you will be notified and your reservation fee will be refunded.
If you cancel your reservation, you will irrevocably lose your place on the waiting list and you will receive your reservation fee credited in full.
Each credit is issued in the same way as the payment was made. The credit is issued within a maximum of twenty banking days after the reservation has been effectively canceled or the reservation has been rejected.
As soon as NOVUS has determined a binding start of production, you will receive a message to the e-mail address stored with the Reservation. With this e-mail, NOVUS will make you an offer to buy a bike. You then have the option of bindingly accept this offer within the stipulated deadline and placing a legally binding order.
If this period expires without you having placed a binding order, this is considered a cancellation of the reservation.
The reservation can only be transferred to a third party with the consent of NOVUS. Approval is only given in writing.
2. Eligibility to pre-order: age and residence
You must be at least 18 years old and provide all information completely and truthfully in order to pre-order.
A maximum of two bikes can be reserved from private individuals per pre-order. Dealers can reserve a maximum of five bikes per pre-order.
When you pre-order a bike, you ensure that all of the information provided is correct. It is your responsibility to notify changes to this information by emailing email@example.com. NOVUS is not liable for inaccurate or outdated information.
You will be charged the specified fee (the 'Reservation Fee') when you place your pre-order. When you place a pre-order, you expressly agree to pay the reservation fee using your specified payment method. Your payment is managed by NOVUS in a separate account that is only intended for pre-orders. Should a final purchase be made, the reservation fee will be deducted from the final sale price.
You will receive an invoice for the pre-order fee.
All prices are in EUR net plus the statutory sales tax applicable at the time of delivery.
NOVUS reserves the right to ask the customer for additional information or documents proving ownership of the credit card. In the absence of such information or additional documents, NOVUS has the right not to accept the booking order.
Expenses and costs in the context of vehicle registration in connection with the entry into force of the framework directive 2007/46 / EC as well as Section 1 EG-FGV from 01.11.2014 are not the subject of this offer.
NOVUS reserves the right to adjust prices. The final price will be communicated to the customer with the final sales contract. In addition, there may be costs for shipping, customs, etc.
6. Guarantee for delivery date
You only reserve a place on the waiting list for the possibility of concluding a purchase contract for a bike. This bike will differ in detail from the advertised product. We will endeavor to produce your selected bike promptly. Your priority is determined by the date of payment of your reservation fee, our manufacturing schedule and the execution of the final sales contract. There is no guarantee of the delivery date due to your pre-order.
7. Cancellation and Refunds
You can cancel your pre-order at any time and receive a full refund of your pre-order fee by sending an email to firstname.lastname@example.org from the email address on file for you with NOVUS. You will receive your refund within a maximum of 20 working days.
8. Configuration and functionality
At the time of your pre-order, the development of the motorcycle may not be fully completed. Therefore, the technical data can change at any time. You are therefore aware that the range of the battery and other available functions have not yet been determined. By agreeing to these terms, you represent and warrant us that you understand that bike configuration is subject to change prior to entering into a definitive sales agreement.
10. Force majeure
Neither you nor NOVUS will be liable for any errors or delays in fulfilling any obligation under this Agreement that result from an event beyond our reasonable control, including, but not limited to, force majeure, pandemic, epidemic, disease, terrorism, war , political insurrection, insurrection, riot, civil or military authority, material change in applicable law or regulation, insurrection, unavailability of materials, strike, earthquake, flood, or other natural or man-made event beyond our control.
11. Entire agreement and severability clause
12. Choice of law and place of jurisdiction
For this agreement and the contractual relationship between us and the contractual partner, the law of the Federal Republic of Germany applies to the exclusion of uniform international law, in particular the UN sales law.
If the contractual partner is a merchant i.S.d. Commercial code, legal person under public law or a special fund under public law, our place of business in Braunschweig is the exclusive - also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the buyer is an entrepreneur i.S.v. § 14 BGB is. Overriding statutory provisions, in particular those relating to exclusive responsibilities, remain unaffected.