Reservations Terms & Agreements

PLEASE READ THIS AGREEMENT CAREFULLY.
This Agreement contains a binding arbitration agreement and class action waiver (see Section 16). These provisions affect your legal rights, including your right to sue in court or participate in a class action.


1. Overview

This Pre-Order / Reservation Agreement (“Agreement”) governs your placement of a pre-order or reservation (“Reservation”) with Ellavate Wagon (“Ellavate,” “we,” or “us”) for an Ellavate Wagon and related accessories (collectively, the “Wagon”).

By submitting a Reservation payment, you agree to be legally bound by these Terms.


2. Nature of the Reservation (No Purchase Obligation)

  • A Reservation does not constitute a purchase or sales agreement.

  • You are not obligated to purchase a Wagon.

  • Ellavate is not obligated to supply a Wagon.

A Reservation:

  • Does not lock in pricing

  • Does not guarantee a production slot

  • Does not guarantee a delivery date

  • Does not guarantee a final configuration

To complete a purchase, you must submit final payment (the “Final Payment”) plus any applicable taxes and fees once notified.

Ellavate reserves the right to decline Reservations in its discretion. Declined Reservations will be fully refunded.


3. Eligibility

To place a Reservation, you must:

  • Be 18 years or older

  • Be a resident of the United States

If reserving on behalf of a company or organization, you represent that you have authority to bind that entity.


4. Registration & Accuracy of Information

You agree that all information provided is accurate and up to date.
You are responsible for updating your information by emailing support@ellavatewagon.com.

Ellavate is not responsible for issues caused by inaccurate or outdated information.


5. Payment Options

A. Reservation Option

  • You authorize Ellavate to charge the Reservation Fee to your selected payment method.

  • Final pricing will be confirmed approximately 4–6 weeks prior to delivery.

  • Upon confirmation, the remaining balance (minus Reservation Fee and discounts) will be charged.

B. Full Purchase Option

  • Locks in current pricing at the time of purchase.

  • Protects against future price increases.

  • If tariffs improve and final pricing decreases prior to shipment, you will receive a refund of the difference (communicated 4–6 weeks prior to delivery).

Note: Pricing may fluctuate due to tariffs. Any updates will be communicated before final payment.

All payments are subject to Ellavate’s Payment Terms available at ellavatewagon.com.


6. No Guaranteed Delivery Date

Delivery timing depends on:

  • Reservation date

  • Manufacturing schedule

  • Logistics availability

  • Receipt of Final Payment

Ellavate will make reasonable efforts to communicate a delivery window 4–6 weeks prior to shipment, but no delivery date is guaranteed.


7. Cancellation & Refunds

  • You may cancel your Reservation at any time for a full refund by emailing support@ellavatewagon.com.

  • Refunds are processed within approximately 5–10 business days.

  • Ellavate may cancel a Reservation at any time and issue a full refund.


8. Product Development & Configuration Changes

You acknowledge that:

  • The Wagon may still be under development at the time of Reservation.

  • Specifications, features, and battery range are subject to change.

  • Final configuration may differ from early descriptions or announcements.


9. Privacy Policy

Ellavate’s use of your information is governed by its Privacy Policy, available at ellavatewagon.com, which is incorporated into this Agreement.


10. Force Majeure

Neither party is liable for delays or failure to perform due to events beyond reasonable control, including but not limited to:

  • Natural disasters

  • War or government action

  • Public health emergencies

  • Labor shortages

  • Transportation disruptions


11. Severability

If any provision is deemed unenforceable, the remainder of the Agreement will remain in effect.


12. Modification & Waivers

  • This Agreement may only be modified in writing signed by Ellavate.

  • Failure to enforce any provision does not waive Ellavate’s rights.


13. Assignment

  • You may not assign your rights without Ellavate’s consent.

  • Ellavate may assign this Agreement at its discretion.


14. No Resale / Order Cancellation

Ellavate may cancel any order believed to be:

  • Intended for resale

  • Made in bad faith

  • Impacted by product or feature discontinuation

Canceled orders receive a 100% refund.


15. Limitation of Liability

Ellavate is not liable for indirect, incidental, punitive, or consequential damages.

Ellavate’s maximum liability shall not exceed the total amount paid by you under this Agreement.


16. Dispute Resolution, Arbitration & Class Action Waiver

Binding Arbitration

All disputes must be resolved through binding arbitration administered by the American Arbitration Association (AAA) under AAA Consumer Arbitration Rules, except for small claims court matters.

By agreeing, you waive the right to:

  • Trial by jury

  • Class actions

  • Court litigation (except small claims)

Informal Resolution Requirement

Before arbitration, both parties must attempt good-faith resolution for 60 days.

Opt-Out Right

You may opt out of arbitration within 30 days by emailing support@ellavatewagon.com with “Opt-Out of Arbitration” in the subject line.

Class Action Waiver

Claims must be brought individually. Class actions are expressly waived.


17. Choice of Law

This Agreement is governed by the laws of the state where Ellavate is licensed nearest to your delivery address, except as governed by the Federal Arbitration Act.


18. Entire Agreement

This Agreement, together with your Reservation confirmation, constitutes the entire agreement and supersedes all prior communications.


19. Survival

Dispute resolution provisions survive termination of this Agreement.


Acknowledgment

By placing a Reservation, you acknowledge that you have read, understood, and agree to these Terms.