Terms of service
General terms and conditions and customer information of Kay GmbH for MOTURO
These terms and conditions apply to orders placed via the MOTURO online shop. They combine the customer information required for electronic commerce with the specific notes on spare parts, comparison numbers, product safety, shipping, payment and disposal.
1. Provider, scope and definitions
The contractual partner for orders via MOTURO is Kay GmbH, Pöttbeek 4, 47638 Straelen, Germany. Further provider information, register data and contact options can be found in the legal notice (Impressum).
These general terms and conditions apply to all contracts for the supply of goods that consumers or entrepreneurs conclude with Kay GmbH via the MOTURO online shop. The version available at the time of the order is authoritative.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree to their validity.
2. Contract language, customer service and no pick-up address
The contract language is German.
Questions about orders, delivery, returns, fit, comparison numbers or complaints can be submitted via the contact options stated in the legal notice. Where available, please state the order number, item number, comparison number, vehicle model and relevant photos so that the request can be assigned.
The registered office is not a pick-up address and not a retail shop. Personal collection or return on site is only possible if this has been expressly agreed in the individual case.
3. Products, spare parts, comparison numbers and trademark notes
MOTURO sells spare parts and accessories for motorcycles, scooters, quads/ATVs and other motorised vehicles. Product images, dimensions, technical data, model information, comparison numbers, OEM references and compatibility information serve to identify and assign the matching spare part.
The mention of brands, manufacturers, devices, engines, item numbers or comparison numbers does not mean that the parts are original parts of the respective manufacturer, unless this is expressly stated. Rights to trademarks, type designations and other marks remain with the respective rights holders.
Before ordering, the customer should check whether the selected part matches the vehicle, model, year of manufacture, design, dimensions, connections, installation situation and intended use. In case of uncertainty, a fit enquiry can be made before ordering. Statutory consumer rights and rights in respect of defects remain unaffected.
4. Product presentation, availability and correction of obvious errors
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order. Prices, availability, shipping costs and payment methods are shown in the shop, the cart and at checkout.
If we discover an obvious input, display or calculation error, in particular an obviously incorrect price, stock level or technical assignment, we will inform the customer without undue delay. If an order has already been received, we offer either a mutually agreed continuation on the corrected terms or a cancellation; statutory rights remain unaffected.
If an ordered item cannot be delivered although it was shown as available in the shop, we will inform the customer without undue delay. In this case, payments already received will be refunded without undue delay, unless a replacement item or a later delivery is agreed.
5. Order process, mandatory information and correction of input errors
The customer can place products in the cart. Before the order is placed, the essential characteristics of the goods, the total price, shipping costs, delivery address, billing data, shipping method, payment method and delivery information are displayed, insofar as they are relevant to the order.
Before submitting the order, the customer can check and change their details in the cart and at checkout or cancel the order. Input errors can be corrected using the change functions provided by the shop, the browser or the respective payment service provider.
By clicking the final order button at checkout, the customer submits a binding offer to purchase the goods contained in the cart. The final button clearly indicates that the order entails an obligation to pay.
6. Conclusion of the contract
After placing the order, the customer immediately receives an automatically generated email confirming receipt of the order (acknowledgement of receipt). The acknowledgement of receipt does not yet constitute acceptance of the offer, unless we expressly declare acceptance in it.
We can accept the customer’s offer within five days of its receipt. Acceptance takes place by an express declaration of acceptance, by dispatch of the goods or transmission of the shipping confirmation or – for payment methods where the purchase price is charged or collected immediately – by collection of the payment amount. The event occurring first is decisive; the purchase contract is concluded with it.
If we do not accept the offer within this period, the customer is no longer bound by their order. In this case we will refund payments already received without undue delay.
7. Storage of the contract text and confirmation on a durable medium
The contract text is stored by us after conclusion of the contract. The customer receives the order data as well as the terms and conditions/customer information valid at the time of the order, the withdrawal instructions and the model withdrawal form on a durable medium, in particular by email, at the latest with the order confirmation or delivery.
Registered customers can additionally view their orders in the customer account, insofar as a customer account is used. Availability in the customer account does not replace the legally required provision on a durable medium.
8. Prices, VAT and shipping costs
All prices are in euros and include statutory VAT, unless otherwise stated in the shop. Additional shipping costs are shown in the shop, in the cart and at checkout.
We deliver to delivery addresses in Germany. We only offer further delivery countries if they can be expressly selected at checkout.
Freight, delivery, shipping and other costs are only charged insofar as they were clearly shown before the order was placed.
9. Payment methods and payment processing
Only the payment methods actually displayed at checkout are available. Availability may depend in particular on the delivery country, billing address, cart value, technical availability and the requirements of the payment service provider.
When paying via external payment service providers, their terms and privacy notices apply in addition. Payment data are generally processed directly by the respective payment service provider.
Shipping only takes place after payment, payment authorisation or other order release, insofar as the selected payment method requires this.
10. Delivery, delivery area, delivery time and partial deliveries
Delivery is made to the delivery address within Germany specified by the customer. Further countries only become part of the delivery area once they can be expressly selected at checkout.
The delivery time applicable to the respective item and the selected shipping method is shown before the order is placed. The product-related information and the checkout information are authoritative.
Partial deliveries are permitted insofar as they are reasonable for the customer. The customer does not incur any additional shipping costs as a result, provided that the partial delivery is initiated by us.
11. Retention of title
The goods remain our property until paid in full.
Towards entrepreneurs, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The entrepreneur may resell goods subject to retention of title in the ordinary course of business; claims arising from the resale are hereby assigned to us in the amount of the invoice amount. We accept the assignment.
12. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal in accordance with the separate withdrawal instructions. The withdrawal instructions and the model withdrawal form are available in the shop and are provided to the customer in text form.
Entrepreneurs have no statutory right of withdrawal. Statutory rights in respect of defects remain unaffected.
13. Statutory liability for defects and complaints
The statutory law on liability for defects applies. Consumers have the statutory rights in the event of defects without restriction.
Towards entrepreneurs, the statutory duties to examine and give notice of defects under § 377 HGB (German Commercial Code), where applicable, remain unaffected. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk, unless mandatory statutory provisions conflict with this, in particular in the case of intent, gross negligence, injury to life, body or health, fraudulent intent, guarantee, claims under the Product Liability Act or recourse claims under § 478 BGB (German Civil Code).
For swift processing of complaints, we ask you to provide the order number, item number, a description of the fault and meaningful photos. This request is not a prerequisite for statutory rights.
14. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where a guarantee has been assumed.
In the case of slightly negligent breach of essential contractual obligations, our liability is limited in amount to the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.
Otherwise, our liability is excluded. The above limitations of liability also apply in favour of our legal representatives and vicarious agents. Statutory consumer rights, in particular the rights in the event of defects, remain unaffected.
15. Product safety, installation and use
Safety, installation and usage instructions on product pages, packaging, package inserts or manufacturer documentation must be observed. Work on engine, ignition, electrical, brake, steering, chassis or other safety-relevant components should only be carried out by competent persons.
Product-related information on the manufacturer, importer, responsible person, product identification as well as safety instructions and warnings is provided, where required, on the respective product page, on the packaging or in the product documentation. Product-related safety instructions take precedence over general information in the shop.
The customer may only use spare parts for suitable vehicles and purposes. Before putting into operation, fit, function, tightness, electrical connection, freedom of movement and safety-relevant fastenings must be checked, insofar as this is relevant for the respective part.
16. Notes on batteries, electrical equipment and packaging
Insofar as batteries, rechargeable batteries, electrical or electronic equipment, electrical assemblies or corresponding spare parts are offered in the shop, the product-related notes on the product page, packaging and accompanying documents apply in addition. Batteries, rechargeable batteries and electrical equipment must not be disposed of with household waste insofar as separate disposal is required by law.
End users should hand in waste batteries, rechargeable batteries and waste electrical equipment at the collection points or return options provided for this purpose. On batteries containing pollutants, chemical symbols such as Cd, Hg or Pb may indicate cadmium, mercury or lead. Special deposit, return or disposal obligations only apply insofar as they are relevant to the respective product and are indicated on the product page, packaging or accompanying documents.
Sales and shipping packaging must be disposed of separately in accordance with local disposal rules. Where required by law, Kay GmbH ensures that packaging subject to mandatory system participation participates in an approved system. Product- and country-specific disposal obligations may apply in addition.
Product-related notes on batteries, electrical equipment, hazardous substances, safety or disposal take precedence over these general notes.
17. Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The former EU platform for online dispute resolution is no longer linked, as it has been discontinued since 20.07.2025.
18. Applicable law and place of jurisdiction
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies insofar as it does not deprive the consumer of mandatory consumer protection provisions of the state in which the consumer has their habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships with us is our registered office, insofar as legally permissible.