Terms & Conditions
Terms and Conditions for “Kira Köntges Art”
As of October 2026
(click here for the German terms and conditions / "AGB")
Preamble
(1) This website (“www.kirakoentgesart.com”), along with all offers and sales of products (original artworks) made through it, is owned by “Kira Köntges Art” and operated by the artist Kira Köntges. These terms and conditions set out the rules under which visitors or users may access or use the website to purchase products.
(2) By accessing or using these services, you agree to be bound by these terms and conditions.
(3) You confirm that you are of legal age and possess the legal authority, right, and freedom to enter into a binding agreement based on these terms, to use the services, and to purchase products.
(4) The offer, order acknowledgement and order acceptance of sale of any products covered herein are subject to the terms and conditions contained in this contract. Any conditional or different terms proposed by the buyer are objected to and will not be binding upon the seller unless assented in writing by the seller.
1. Scope
These Terms and Conditions apply to all consumers and entrepreneurs placing orders via this online shop.
A “consumer” is defined as any individual placing an order for private purposes. An “entrepreneur” within the meaning of these Terms and Conditions is any natural or legal person, or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction. For entrepreneurs, these Terms and Conditions also apply to future business transactions. Any supplementary terms and conditions shall only apply if express consent has been given.
2. Conclusion of Contract
The paintings displayed in the online shop constitute an offer by the artist, Kira Köntges, to enter into a contract.
When a consumer or entrepreneur adds one or more products to their shopping cart, this action remains non-binding and can still be changed. A binding contract is only concluded once the order button (“Place Order & Pay”) is clicked. The consumer or entrepreneur will immediately receive an order confirmation via e-mail.
3. Contract Language, Storage of Contract Terms
The language of the contract is English (or, from December 2026 onwards, also German).
The text of the contract will be stored by the artist Kira Köntges after the conclusion of the contract. Entrepreneurs and consumers will receive the order details and the Terms and Conditions via e-mail.
4. Payment
In the online shop, various payment methods are generally available to you:
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), the following payment options are offered via PayPal services.
If you select a PayPal payment method, the payment is processed by the service provider PayPal. If you choose to pay via PayPal, PayPal’s terms of use apply to the settlement of the invoice amount. During the ordering process in this online shop, you will be redirected to the PayPal website. The payment transaction is executed automatically by PayPal immediately after the payment instruction is confirmed. Further information is provided alongside each specific payment option and during the ordering process.
For more details regarding PayPal, please visit: https://www.paypal.com/de/legalhub/paypal/home?country.x=DE&locale.x=en_DE.
PayPal
To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, have authenticated yourself using your login credentials, and confirmed the payment instruction. The payment transaction is executed by PayPal immediately after the order is placed.
Credit Card via PayPal
If you choose the "Credit Card via PayPal" payment method, you generally do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be executed by your credit card company upon request—immediately following confirmation of the payment instruction and verification of your status as the legitimate cardholder—at which point your card will be charged.
PayPal – Pay Later
If PayPal offers the customer "Pay Later" options (such as payment after 30 days or payment in installments) during the checkout process, these offers are subject to a successful credit check performed by PayPal.
If PayPal approves the use of the selected "Pay Later" option, the seller assigns their payment claim to PayPal. In this case, the customer can only make payments to PayPal, which will discharge their debt. The processing of the payment (e.g. direct debit, installment plan) is governed exclusively by the separate contractual agreements the customer has entered into with PayPal. The seller remains responsible for general customer inquiries (e.g. regarding the goods, delivery times, shipping, returns, or complaints).
Cash Payment upon Collection
You may pay the invoice amount in cash when collecting your order; you will receive an invoice (this requires e.g. providing your full name and address).
Please schedule an appointment for collection (e-mail: kirakoentges@gmail.com).
Concessions (vouchers, discounts and other special offers)
From time to time, vouchers, discounts, or similar offers may be available for the products. These are valid only for the period specified in the respective offer.
Discounts cannot be combined with other promotions.
5. Delivery and Shipping Terms
(1) Following a processing time of approximately 2–3 business days, shipments are generally dispatched via DHL Express. The typical transit time is approximately 5–10 business days, though this may vary depending on the region.
(2) Costs: Worldwide shipping is generally free of charge.
For deliveries to countries outside the European Union, additional costs may arise in connection with your order; these are neither controlled nor calculated by the seller. Such costs may include, for example, import duties, taxes, or other country-specific levies.
All costs incurred for the import of the goods must be borne by the buyer. These costs are explicitly not included in the purchase price or the shipping costs. It is the buyer’s responsibility to inform themselves about the regulations applicable in the destination country prior to placing an order.
(3) Delivery is excluded for countries, regions, or individuals subject to legal restrictions, trade controls, boycotts, international sanctions, or similar measures. It is the buyer’s responsibility to inform themselves about their own individual situation.
(4) Unless otherwise agreed, the goods will be delivered to the address provided by the customer.
You also have the option to collect your order in person in Flensburg. Please arrange an appointment by contacting the seller (e-mail: kirakoentges@gmail.com).
(5) Shipping costs are included in the stated product price, as is 7% sales tax/ VAT.
(6) Retention of Title: The goods remain the property of the seller until the full purchase price has been paid, unless otherwise agreed.
6. Transport Damage and Unavailability
(1) If any obvious transport damage occurs during delivery, please report such issues to the carrier as soon as possible and contact the seller immediately. Please notify the seller within 7 days of the shipment status being updated to "delivered." You are kindly requested to provide photos of the transport damage.
(2) Should the goods be unavailable for delivery, the customer will be informed immediately, and any payment made will be refunded.
7. Statutory Warranty for products
The statutory warranty for products shall apply. Information regarding any additional warranties and their specific terms can be found alongside the product details and on dedicated information pages within the online shop.
As these are original, unique artworks, minor variations in color, texture, or brushstrokes—compared to how they appear on a digital screen—may occur due to the nature of the medium; such variations do not constitute a defect.
8. Requests for Modifications
In general, requests for modifications are not accepted. However, you may submit such requests; Kira Köntges reserves the right to either accept or decline them. Implementing modifications to an artwork will lead to additional costs, for which a price estimate will be provided in advance. You may then choose to accept this estimate—covering the artist’s additional labor—or decline the requested modification.
9. Copyright, Rights of Use, Intellectual Property Rights
(1) Retention of Rights: By purchasing one or more physical paintings, the customer acquires only physical ownership of the artwork; no copyright or reproduction rights are transferred. These remain with the artist, Kira Köntges, for the long term.
(2) Restriction on Use: The buyer is not permitted to reproduce the painting, print copies, distribute it digitally, or use it for commercial purposes (e.g. for advertising or merchandise), unless explicitly agreed upon in a contract beforehand.
The artist retains the right to use her own artworks for the long term—for instance, in her own portfolio or for promotional purposes.
(3) Intellectual Property Rights: All related content—including, but not limited to, texts, files, photographs, videos, products, brand name, and any associated intellectual property rights—is either owned by or licensed to Kira Köntges. Nothing in these terms grants you any rights regarding her intellectual property.
10. Dispute Resolution
I am not obligated to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final Provisions
If you are an entrepreneur, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are a merchant as defined by the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be the place of business of the artist Kira Köntges.
Purchase of Products
(1) The purchase of products is subject to the terms and conditions in effect at the time of the transaction.
(2) When you purchase a product: (i) you are responsible for reading the item description before making a binding purchase, and (ii) placing an order (by completing the payment process via the designated button) may result in a legally binding contract for the purchase of the respective product.
(3) You may select products from the available range and add them to your shopping cart by clicking the appropriate button. Prices are listed on the website. Kira Köntges reserves the right to change prices at any time and to correct any inadvertent pricing errors. Such changes will not affect the price of products you have already purchased. During the checkout process, you will be shown an overview of all products added to your shopping cart. On the checkout page, you also have the opportunity to review the products and, if necessary, modify, remove, or correct them. By clicking the "Place Order & Pay" button, you submit a binding order to purchase the listed products at the stated price and applicable shipping costs.
(4) You will subsequently receive an order confirmation via e-mail, which lists your order details and can be printed or saved using the provided function. Please note that this is an automated notification confirming only that your order has been received; it does not indicate that your order has been accepted.
(5) The artist Kira Köntges reserves the right to decline your order. If you have chosen a payment method that initiates a payment transaction immediately upon submission of your order (e.g. a real-time transfer via PayPal), you would then be refunded the transferred amount should your order not be accepted.
(6) The sales contract may be concluded in English (and, as of December 2026, also in German). Once the contract has been concluded, the contractual terms will be stored; you will no longer have access to them thereafter.
Permitted Use
(1) Unless expressly permitted by these terms, it is not permitted to: (i) use the services in an unlawful or fraudulent manner (including infringing upon the rights of third parties) or for the purpose of collecting personal data or impersonating other users; (ii) alter or use notices regarding copyright, trademarks, or other proprietary rights, or interfere with the security-related features of the services; (iii) use the services in any way to manipulate or falsify content, or to undermine the integrity and accuracy of content, or to take any action that disrupts, damages, or interrupts any part of the services; (iv) use the services to transmit or upload data containing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or other harmful programs or similar computer code designed to impair the operation of computer software or hardware; (v) use robots, spiders, or similar tools to monitor or copy these or other websites—or the content contained within the services—or to use network monitoring software. You agree to cooperate fully with the seller in the investigation of any such activity that is suspected or confirmed to be in violation of these terms.
Changes to Terms and Services; Termination
The artist Kira Köntges reserves the right to modify these terms from time to time at her own estimation—for instance, to account for changes in the law, the introduction of new features, or other developments in her business.
You should therefore review these terms regularly (especially before purchasing any products). The updated terms will apply to any new order placed after the date on which the new terms take effect.
Statutory Right of Withdrawal
Right of Withdrawal
(1) In principle, consumers are entitled to a right of withdrawal.
(2) Further information regarding the right of withdrawal can be found in the seller’s Instruction on withdrawal.
Click here to go to the page concerning the right of withdrawal.