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, hereinafter also referred to as “NOVUS,” “Seller,” “we,” or “us,” for an electric motorcycle, hereinafter also referred to as the “Bike,” by the contracting party, hereinafter also referred to as 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 using one of the available payment methods, you may reserve a place on the waiting list. For this purpose, it is necessary that you provide NOVUS with information regarding your identity, your address, and your contact information during the ordering process so that the order can be processed further. You 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 all necessary information, in particular a reservation number, which is permanently linked to your place on the waiting list.
NOVUS may reject pre-orders at its own discretion, for example in order to avoid oversubscription. If your pre-order is rejected, you will be notified and your reservation fee will be refunded.
Any refund shall be made using the same method as the original payment. The refund will be made within a maximum of twenty banking business days after the effective cancellation of the reservation or rejection of the reservation.
If you cancel your reservation, you will irrevocably lose your place on the waiting list and receive your reservation fee back within twenty banking business days.
As soon as NOVUS has determined a binding production start date, you will receive a notification at the email address provided during the reservation.
The reservation may only be transferred to third parties with the consent of NOVUS. Consent shall be granted exclusively in written form.
After the successful reservation, you have reserved your production slot. As soon as the production of your Novus One approaches, you will be notified by Novus GmbH. You will then receive the final purchase offer, and upon acceptance the remaining purchase amount will become due. Once your Novus One has been fully built, you will be contacted again by Novus GmbH. The reservation fee will be credited in full toward the remaining purchase amount.
The prices at the time of reservation are non-binding and may change until the final purchase offer is made. This applies to the purchase price as well as to any leasing option. If a price change amounts to 20% or more above the guide price stated at the time of reservation, the customer shall have the right to withdraw from the contract.
2. Deposit and Payment Options
The customer may choose between the following payment options when making the reservation:
Option A – Fixed Deposit:
A deposit of EUR 3,000 gross secures the production slot. The remaining amount becomes due upon notification of the production start.
Option B – 50% Deposit:
A deposit of 50% of the guide price stated at the time of reservation secures the production slot. The remaining amount becomes due upon notification of the production start.
The reservation is only completed once the deposit has been received in the specified account and confirmed by us. The reserving party is responsible for ensuring that the amount is credited to the account. Foreign currencies are not accepted. The reserving party bears the burden of any currency exchange.
The deposit shall become the full property of Novus GmbH. No fiduciary management or similar arrangement shall take place.
The deposit will be credited in full toward the purchase price.
Accepted payment methods: credit card (Visa/Mastercard), PayPal, bank transfer (SEPA). Foreign currencies are not accepted.
3. Two-Stage Purchase Process and Right of Withdrawal
3.1 Stage 1 – Reservation
Upon receipt of the deposit in accordance with Section 2, you reserve your production slot. From this point onward, you have a 14-day right of withdrawal in accordance with Section 312g of the German Civil Code (BGB). You may withdraw from the reservation within this period without stating reasons and will receive a full refund of your deposit.
3.2 Stage 2 – Configuration Consultation and Confirmation
After your reservation, NOVUS will conduct a personal configuration consultation with you (by telephone or video conference), during which your individual equipment configuration will be determined in a binding manner. After the consultation, you will receive a written configuration confirmation by email. Upon your written approval of this configuration confirmation, production of your individual Novus One will begin.
3.3 Expiry of the Right of Withdrawal
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. DURING THE CONFIGURATION CONSULTATION, YOU WILL BE EXPRESSLY INFORMED OF THIS CIRCUMSTANCE BOTH VERBALLY AND IN WRITING AND MUST EXPRESSLY CONSENT TO THE EXPIRY BEFORE PRODUCTION BEGINS.
3.4 Cancellation After Configuration Confirmation
Cancellation after written configuration confirmation is not possible. In this case, the deposit paid will not be refunded, as production will already have begun. NOVUS GmbH reserves the right to review goodwill solutions on a case-by-case basis.
4. Cancellation (Before Configuration Confirmation)
You may cancel your reservation at any time before written configuration confirmation without stating reasons by sending an email to info@novusbike.com from the email address registered with NOVUS. If you cancel your reservation, the reservation payment will be refunded within twenty banking business days. You will irrevocably lose your place on the waiting list.
Novus GmbH reserves the right to cancel your reservation for good cause. In such case, the reservation payment will be refunded to you in euros within 14 working days after the cancellation.
5. Delivery
The Novus One may differ in detail from the advertised product. We make every effort to ensure that the product displayed and advertised resembles the final product as closely as possible. We will endeavor to produce your Novus One promptly. Your priority is determined by the date of payment of your reservation fee and our production plan. There is no guarantee of a fixed delivery date based on your pre-order.
Transport shall be at the customer’s expense and risk. Upon request, NOVUS may arrange transport insurance; the cost shall be borne by the customer.
6. Configuration and Scope of Functions
The design of the Novus One is undergoing continuous further development. It is possible that individual components or technical specifications may change before the final configuration confirmation. Accordingly, it is possible that the finished motorcycle may differ in details from the advertised motorcycle. By completing the reservation, you declare and guarantee to us that you understand that the final product may differ from the product shown in the order and marketing materials, and that you will nevertheless maintain the reservation.
7. Partnership Program
The first 100 customers who complete a binding reservation and successfully complete the configuration consultation qualify for the NOVUS Partnership Program. Details of the program, including possible forms of participation, will be communicated separately and in writing to the qualified customers.
There is no legal entitlement to participate in the Partnership Program or to receive company shares. Participation in the Partnership Program does not establish a partnership relationship and does not grant any rights of co-determination in the corporate management of NOVUS GmbH.
8. Force Majeure
Neither you nor NOVUS shall be liable for any errors or delays in performing an obligation under this Agreement if such error or delay results from an event beyond our reasonable control, including but not limited to force majeure, pandemic, epidemic, illness, terrorism, war, political uprising, insurrection, riot, civil unrest, civil or military authority, substantial changes in applicable laws or regulations, unrest, unavailability of materials, strike, earthquake, flood, or other natural or man-made events beyond our control.
9. Entire Agreement and Severability Clause
We reserve the sole right to amend these Terms at our sole discretion at any time. If a competent court determines for any reason that any provision or part thereof is unenforceable, the remainder of these Terms shall remain in full force and effect, and the unenforceable provision shall be deemed amended only to the extent necessary. Your pre-order, order agreement, final purchase agreement, our website terms of use, and our privacy policy shall be deemed the final and integrated agreement between you and us.
10. Governing Law and Place of Jurisdiction
This Agreement and the contractual relationship between us and the contracting party shall be governed by the laws of the Federal Republic of Germany, excluding uniform international law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
If the contracting party is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Braunschweig. The same shall apply if the buyer is an entrepreneur within the meaning of Section 14 BGB. Mandatory statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
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. This also applies to any waiver of the written form requirement. The German language shall be decisive for the interpretation of any contractual agreements and these General Terms and Conditions.
The inclusion and interpretation of these Terms and Conditions of Sale and Delivery, as well as the conclusion and interpretation of the legal transactions with the customer itself, shall be governed exclusively by the laws of the Federal Republic of Germany. The application of international sales law concerning movable goods (UN Sales Convention/CISG, Vienna Sales Convention) is excluded.
The invalidity of individual provisions of these Terms and Conditions of Sale and Delivery or parts thereof shall not affect the validity of the remaining provisions. Should any provision be invalid, the statutory provision shall apply.
The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the payment obligation, shall be Braunschweig. The exclusive place of jurisdiction shall be Braunschweig. NOVUS GmbH is also entitled to bring an action before a court having jurisdiction for the registered office or a branch office of the customer.
§ 2 Conclusion of Contract
NOVUS GmbH shall be bound by its contractual offers for 3 months from the date of the offer letter, unless otherwise stated.
An order placed by the customer shall only be deemed accepted upon written order confirmation by NOVUS GmbH.
The scope of the contractually owed performance shall be determined exclusively by the customer’s unchanged acceptance of the offer or, in the case of a deviating order, by the order confirmation of NOVUS GmbH.
The documents underlying the offer or order confirmation, such as illustrations, drawings, dimensions, and weight specifications, are generally to be understood only as approximate values unless they are expressly designated as binding. NOVUS GmbH shall be liable for such information only within the scope of the diligence it applies to its own affairs.
§ 3 Prices
The prices are stated in € gross including statutory value-added tax, unless expressly indicated otherwise.
Unless otherwise agreed, all prices shall apply ex works Braunschweig. Delivery shall be made carriage forward and shall not include postage, insurance, packaging, customs, or transport costs. This also applies to subsequent deliveries requested by the customer.
NOVUS GmbH reserves the right to adjust its prices accordingly if more than 4 months elapse between the conclusion of the contract and delivery and cost reductions or cost increases occur. If a price increase amounts to 20% or more above the agreed price, the customer shall have the right to withdraw from the contract. This right must be exercised without undue delay.
If NOVUS GmbH takes into account special requests or change requests of the customer, such changes shall be agreed in writing. Any additional costs incurred shall be charged to the customer.
§ 4 Terms of Payment
NOVUS GmbH shall issue invoices on the anticipated day of performance or partial performance or – if call-off by the customer has been agreed – on the day on which the goods are ready for delivery.
Unless otherwise agreed, the remaining purchase price shall be due for payment without deduction upon notification that the delivery item is ready for delivery.
If the payment deadline is exceeded, interest in the amount of 8% above the respective applicable base interest rate shall be charged, subject to the assertion of further claims.
§ 5 Delivery Periods
The indication of a delivery date in the offer is made to the best of our judgment but is only non-binding and approximate, in particular where agreements on technical details, items to be provided by the customer and third parties, or other acts of cooperation by the customer are insufficiently specified. The delivery date or delivery period shall only become binding if it is expressly agreed in the contract as a binding fixed date.
The delivery periods and dates shall only begin to run once all execution details and technical issues relating to the delivery item have been fully clarified. The same shall apply in the event of measures taken במסגרת labor disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles beyond the seller’s control.
After completion of the delivery item, NOVUS GmbH shall notify the customer that it is ready for collection. The customer is obliged to collect the delivery item within 3 working days after receipt of the notification of readiness.
If the customer is in default of acceptance or otherwise breaches duties of cooperation, NOVUS GmbH shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims remain reserved.
§ 6 Transfer of Risk
The place of performance for all deliveries and services shall be the NOVUS GmbH plant in Braunschweig, unless otherwise agreed in writing. NOVUS GmbH assumes no liability for transfer to the destination. Transport shall be at the customer’s expense and risk.
If the customer so requests, NOVUS GmbH will insure the delivery by means of transport insurance. The costs incurred for this shall be borne by the customer.
The risk of accidental loss or deterioration of the delivery item shall pass to the customer from the day of notification that the goods are ready for shipment or acceptance (notification of readiness).
§ 7 Claims for Defects
Insofar as a defect exists in the delivery which demonstrably arose before the transfer of risk, NOVUS GmbH shall be entitled, at its discretion, to perform subsequent performance in the form of remedying the defect or delivering a new item (including, among other things, replacement of a component). In the event of remedying a defect, NOVUS GmbH shall be obliged to bear the direct costs of repair or, in the case of replacement parts delivery, the costs of replacement delivery including shipping costs, insofar as such costs are not increased by the fact that the delivery item has been brought to a location other than the place of performance.
If only an insignificant defect exists, the customer shall only be entitled to a reduction in the contract price. The right to reduction shall otherwise be excluded.
Claims for defects by the customer are excluded in the case of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, or special external influences not assumed under the contract. If changes or repair work are carried out by the customer or third parties, no warranty claims shall exist for the resulting consequences either.
The assertion of defect claims presupposes that the special manufacturer’s instructions for operation and maintenance in accordance with the operating and maintenance manual are observed and that maintenance is carried out and documented by NOVUS GmbH or authorized service workshops.
Any further claims of the customer, unless resulting from an express assumption of guarantee, are excluded. This shall not apply in cases of intent, gross negligence, or breach of essential contractual obligations by NOVUS GmbH.
§ 8 Liability
The liability of NOVUS GmbH for breaches of contractual obligations and in tort is limited to intent and gross negligence. This shall not apply in the event of injury to life, body, or health of the customer, claims arising from the breach of cardinal obligations, and compensation for damages caused by delay (Section 286 BGB). The aforementioned exclusion of liability shall also apply to the vicarious agents of NOVUS GmbH.
Insofar as liability for damages not based on injury to life, body, or health is not excluded in cases of slight negligence, such claims shall become time-barred within one year from the date on which the claim arose.
Insofar as liability for damages vis-à-vis NOVUS GmbH is excluded or limited, this shall also apply with regard to the personal liability for damages of the employees, representatives, and vicarious agents of NOVUS GmbH.
§ 9 Provisions for Service and Repair Services
The scope of application of the above provisions of Sections 1 to 8 shall also generally extend to service and repair services, unless otherwise provided in the maintenance or repair contract or separately stipulated below.
After completion of the work and after notification of completion by NOVUS GmbH, acceptance shall take place without undue delay. A record of acceptance including proof of performance shall be prepared and signed by both contracting parties. If the customer does not attend the agreed acceptance date, the performance shall be deemed accepted.
NOVUS GmbH assumes no warranty or liability for culpable conduct of persons provided by the customer. Such persons are vicarious agents of the customer.
If installation defects occur for which NOVUS GmbH is responsible, there shall be a claim to free rectification. Any further claims for damages are excluded.
Additional expenses beyond the order placed, in particular for modified assembly and services as well as for other unforeseeable difficulties lying within the customer’s area of responsibility, shall be remunerated separately based on expenditure.