Terms and Conditions
Reservation Agreement
This pre-order agreement, hereinafter referred to as the “Terms” or “Agreement,” governs the reservation of a place on the waiting list for the possibility of a future purchase agreement with NOVUS GmbH for an electric motorcycle (the “Bike”) by the contracting party (the “Customer”). Please read all of these Terms carefully before submitting your pre-order. By submitting your pre-order, you agree to these Terms.
1. Process – Mutual Rights and Obligations
By submitting a pre-order at https://novusbike.com/configure/ and paying the applicable reservation fee, you may reserve a place on the waiting list. You must provide your identity, address, and contact information, and confirm that you are at least 18 years old. The reservation confirmed by NOVUS GmbH constitutes a binding purchase agreement concerning a Novus One from NOVUS GmbH, Rebenring 33, 38106 Braunschweig, Germany. If NOVUS accepts the pre-order, you will receive an email with your reservation number. NOVUS may reject pre-orders to avoid oversubscription; in this case, you will be notified and your reservation fee will be refunded by the original payment method within a maximum of twenty banking business days. Cancellation irrevocably removes your place on the waiting list and triggers a refund within twenty banking business days.
Once NOVUS has determined a binding production start date, you will be notified at the email address provided during reservation. The reservation may only be transferred with the written consent of NOVUS. After successful reservation, you have reserved your production slot. Before production approaches, NOVUS will provide the final purchase offer; upon acceptance, the remaining purchase amount becomes due. The reservation fee will be credited in full toward that remaining purchase amount. Prices at reservation are non-binding until the final offer. If a price change is 20% or more above the guide price at reservation, the customer may withdraw from the contract.
2. Deposit and Payment Options
Option A – Fixed Deposit: a deposit of EUR 3,000 gross secures the production slot; the remaining amount becomes due upon notification of production start. Option B – 50% Deposit: a deposit of 50% of the guide price stated at reservation secures the slot; the remainder becomes due upon production start. Reservation is completed only once the deposit has been received and confirmed. Foreign currencies are not accepted, and the reserving party bears currency-exchange costs. The deposit becomes the property of Novus GmbH, is not held in trust, and is credited in full toward the purchase price. Accepted payment methods: Visa/Mastercard, PayPal, and SEPA bank transfer.
3. Two-Stage Purchase Process and Right of Withdrawal
Stage 1 – Reservation: upon receipt of the deposit, you reserve your production slot and have a 14-day right of withdrawal under Section 312g BGB, with a full refund. Stage 2 – Configuration Consultation and Confirmation: NOVUS will conduct a personal telephone or video consultation to determine your binding individual configuration. You will receive a written configuration confirmation by email; production begins upon your written approval.
IMPORTANT NOTICE: UPON YOUR WRITTEN APPROVAL OF THE CONFIGURATION CONFIRMATION, YOUR RIGHT OF WITHDRAWAL EXPIRES IN ACCORDANCE WITH SECTION 312G PARA. 2 NO. 1 BGB, AS YOUR BIKE IS MANUFACTURED INDIVIDUALLY ACCORDING TO YOUR SPECIFICATIONS. YOU WILL BE EXPRESSLY INFORMED OF THIS CIRCUMSTANCE BOTH VERBALLY AND IN WRITING AND MUST EXPRESSLY CONSENT BEFORE PRODUCTION BEGINS.
Cancellation after written configuration confirmation is not possible. The deposit will not be refunded once production has begun, although NOVUS GmbH may review goodwill solutions case by case.
4. Cancellation (Before Configuration Confirmation)
You may cancel before written configuration confirmation without stating reasons by emailing info@novusbike.com from the address registered with NOVUS. The reservation payment will be refunded within twenty banking business days and you will lose your waiting-list place. NOVUS GmbH may cancel for good cause; in this case, the payment will be refunded in euros within 14 working days.
5. Delivery: The Novus One may differ in detail from advertised materials. Production priority is determined by the reservation payment date and production plan; no fixed delivery date is guaranteed. Transport is at the customer’s expense and risk, with optional NOVUS-arranged insurance at the customer’s cost. 6. Configuration and Scope of Functions: the Novus One is continuously developed, and individual components or technical specifications may change before final configuration confirmation. 7. Partnership Program: the first 100 customers completing binding reservation and consultation may qualify; participation is discretionary and creates no legal entitlement, partnership relationship, company shares, or corporate voting rights. 8. Force Majeure: neither party is liable for delay or error caused by events beyond reasonable control. 9. Entire Agreement and Severability Clause: NOVUS may amend these Terms; unenforceable provisions are limited to the extent necessary while the remainder continues in effect. 10. Governing Law and Place of Jurisdiction: German law applies, excluding CISG; where legally permitted, jurisdiction is Braunschweig.
General Terms and Conditions of Sale and Delivery
§ 1 General
All agreements and ancillary arrangements between the customer and NOVUS GmbH must be made in writing to be legally effective. German is decisive for interpretation. These terms and all legal transactions with the customer are governed exclusively by German law, excluding the UN Sales Convention/CISG. Invalid provisions do not affect remaining provisions; statutory law applies in their place. The place of performance is Braunschweig, which is also the exclusive place of jurisdiction, while NOVUS may additionally sue at the customer’s registered office or branch office.
§ 2 Conclusion of Contract
NOVUS GmbH is bound by contractual offers for three months unless otherwise stated. An order is accepted only upon written order confirmation. The owed performance is determined by unchanged acceptance of the offer or, in the case of a deviating order, NOVUS’s order confirmation. Offer and order-confirmation documents including illustrations, drawings, dimensions, and weight specifications are approximate unless expressly binding.
§ 3 Prices
Prices are stated in € gross including statutory VAT unless indicated otherwise. Unless agreed otherwise, prices apply ex works Braunschweig, carriage forward, excluding postage, insurance, packaging, customs, and transport. NOVUS may adjust prices where more than four months elapse between contract conclusion and delivery and costs change. If an increase is 20% or more above the agreed price, the customer may withdraw without undue delay. Customer change requests require written agreement and any additional cost is charged to the customer.
§ 4 Terms of Payment
NOVUS GmbH issues invoices on the anticipated day of performance or partial performance, or on the day goods are ready for delivery where call-off has been agreed. The remaining purchase price is due without deduction when the delivery item is ready. On missed payment deadlines, interest of 8% above the applicable base rate may be charged, without prejudice to further claims.
§ 5 Delivery Periods
Delivery dates are non-binding and approximate unless expressly agreed as binding fixed dates. Periods begin only once all execution details and technical issues are clarified, and may be affected by labor disputes or unforeseen obstacles beyond the seller’s control. Once ready, NOVUS will notify the customer; collection must occur within three working days. If the customer defaults on acceptance or cooperation, NOVUS may claim resulting damage and additional expense.
§ 6 Transfer of Risk
The place of performance is the NOVUS GmbH plant in Braunschweig unless otherwise agreed in writing. Transfer is at the customer’s expense and risk. At the customer’s request, NOVUS will arrange transport insurance at the customer’s cost. Risk of accidental loss or deterioration transfers on notification that goods are ready for shipment or acceptance.
§ 7 Claims for Defects
For defects demonstrably arising before risk transfer, NOVUS may remedy the defect or deliver a replacement item. NOVUS bears direct repair or replacement delivery costs unless increased because the delivery item is elsewhere. For an insignificant defect, the customer is entitled only to a price reduction. Claims are excluded for natural wear, post-transfer damage arising from misuse, unsuitable materials, or external influences outside the contract. Claims also require observance of manufacturer operating and maintenance instructions and documented maintenance by NOVUS or authorized workshops. Further claims are excluded unless involving an express guarantee, intent, gross negligence, or breach of essential contractual obligations.
§ 8 Liability
NOVUS GmbH’s liability for contractual and tortious breach is limited to intent and gross negligence, except for injury to life, body, or health, cardinal obligations, and delay damages under Section 286 BGB. Where liability for slight negligence is not excluded, claims not based on injury become time-barred one year after arising. These limitations apply equally to NOVUS employees, representatives, and vicarious agents.
§ 9 Provisions for Service and Repair Services
Sections 1 to 8 generally also apply to service and repair work. After completion and notification, acceptance shall occur without undue delay and a signed record including proof of performance is prepared; if the customer misses the agreed date, performance is deemed accepted. NOVUS assumes no warranty or liability for persons provided by the customer. For installation defects caused by NOVUS, free rectification is available, with further damage claims excluded. Additional expenses, including modified assembly, services, and unforeseeable customer-responsibility difficulties, are separately remunerated based on expenditure.