TERMS AND CONDITIONS
Last updated December 16, 2020
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (you),
P&kTradingInc, doing business as PerfectKitchenCo, located at 19240 Des Moines
Memorial DR S, C-100, SEATAC, WA 98148, United States (we, us), concerning your
access to and use of the P & K Trading Co., Inc (http://perfectkitchenco.com)
website as well as any related applications (the Site).
The Site provides the following services: We have a website that sells Asian
kitchenware, cookware, home goods, dried snacks and provides services for
vending. (Services). You agree that by accessing the Site and/or Services, you
have read, understood, and agree to be bound by all of these Terms and
If you do not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy of these Terms and Conditions
for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any
supplemental terms and condition or documents that may be posted on the Site
from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated
version of these Terms and Conditions will be indicated by an updated "Revised"
date and the updated version will be effective as soon as it is accessible. You
are responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Site represents that you have accepted such
1.4 We may update or change the Site from time to time to reflect changes to our
products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in the United States. The information
provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are
under the age of 18, you are not permitted to register for the Site or use the
Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
Our Privacy Notice sets out the terms on which we process
any personal data we collect from you, or that you provide to us. By using the
Site, you consent to such processing and you warrant that all data provided by
you is accurate.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which
we make the site and our services available. The Site may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
Systematically retrieve data or other content from the Site to a compile
database or directory without written permission from us
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users to send unsolicited email or creating user accounts
under false pretenses
Use a buying agent or purchasing agent to make purchases on the Site
Use the Site to advertise or sell goods and services
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of
any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools
Sell or otherwise transfer your profile
Attempt to impersonate another user or person, or use the username of another
Interfere with, disrupt, or create an undue burden on the Site or the networks
and services connected to the Site
Use any information obtained from the Site in order to harass, abuse, or harm
Use the Site or our content as part of any effort to compete with us or to
create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from
Harass, annoy, intimidate, or threaten any of our employees, agents, or other
Delete the copyright or other proprietary rights notice from any of the
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material that interferes with any party’s uninterrupted use
and enjoyment of the Site, or any material that acts as a passive or active
information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using
scripts to send comments or messages, robots, scrapers, offline readers, or
similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
Threaten users with negative feedback or offering services solely to give
positive feedback to users
Misrepresent experience, skills, or information about a User
Advertise products or services not intended by us
Falsely imply a relationship with us or another company with whom you do not
have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit
will be true, accurate, current, and complete and relate to you and not a third
party; (b) you will maintain the accuracy of such information and promptly
update such information as necessary; (c) you will keep your password
confidential and will be responsible for all use of your password and account;
(d) you have the legal capacity and you agree to comply with these Terms and
Conditions; and (e) you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information
(such as an identification code or user name) and/or password you must promptly
notify us at firstname.lastname@example.org.
3.2 If you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or change a
user name you select if we determine that such user name is inappropriate.
4. Our content
4.1 Unless otherwise indicated, the Site and Services including source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (Our Content) are owned or licensed to us,
and are protected by copyright and trade mark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the
Site, Services or Our Content may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
4.3 Provided that you are eligible to use the Site, you are granted a limited
licence to access and use the Site and Our Content and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorised access to the Site or any
networks, servers or computer systems connected to the Site; and/or (b) make for
any purpose including error correction, any modifications, adaptions, additions
or enhancements to the Site or Our Content, including the modification of the
paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content with reasonable skill and
care; and (b) use industry standard virus detection software to try to block the
uploading of content to the Site that contains viruses.
4.6 The content on the Site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from taking, any
action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our site,
we make no representations, warranties or guarantees, whether express or
implied, that Our Content on the Site is accurate, complete or up to date.
5. Link to third party content
5.1 The Site may contain links to websites or applications operated by third
parties. We do not have any influence or control over any such third party
websites or applications or the third party operator. We are not responsible for
and do not endorse any third party websites or applications or their
availability or content.
5.2 We accept no responsibility for adverts contained within the Site. If you
agree to purchase goods and/or services from any third party who advertises in
the Site, you do so at your own risk. The advertiser, and not us, is responsible
for such goods and/or services and if you have any questions or complaints in
relation to them, you should contact the advertiser.
6. Site Management
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for
breaches of these Terms and Conditions; (2) take appropriate legal action
against anyone in breach of applicable laws or these Terms and Conditions; (3)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (4) otherwise
manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or
6.3 You are responsible for configuring your information technology, computer
programs and platform to access the Site and you should use your own virus
7. Modifications to and availability of the Site
7.1 We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. We also
reserve the right to modify or discontinue all or part of the Services without
notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We
may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or Services
during any downtime or discontinuance of the Site or Services. We are not
obliged to maintain and support the Site or Services or to supply any
corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Services, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information at any time, without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The Site and Services are provided on an as-is and as-available basis. You
agree that your use of the Site and/or Services will be at your sole risk except
as expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute, custom or
usage, a course of dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation, the implied
warranties of satisfactory quality, fitness for a particular purpose and
non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of
the Site’s content and are not liable for any (1) errors or omissions in
content; (2) any unauthorized access to or use of our servers and/or any and all
personal information and/or financial information stored on our server; (3) any
interruption or cessation of transmission to or from the site or services;
and/or (4) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party. We will not be
responsible for any delay or failure to comply with our obligations under these
Terms and Conditions if such delay or failure is caused by an event beyond our
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused
by our negligence or the negligence of our employees, agents or subcontractors
and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible
for loss or damage you suffer that is a foreseeable result of our breach of
these Terms and Conditions, but we would not be responsible for any loss or
damage that were not foreseeable at the time you started using the
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation
of Liability section, our liability to you for any cause whatsoever and
regardless of the form of the action, will at all times be limited to a total
aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount
paid, if any, by you to us for the Services/Site during the six (6) month period
prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
use of, or inability to use, our Site/Services; or
use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Site for domestic and private use. You
agree not to use our Site for any commercial or business purposes, and we have
no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or
digital content belonging to you and this is caused by our failure to use
reasonable care and skill, we will either repair the damage or pay you
You have legal rights in relation to goods that are faulty or not as
described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms
and Conditions will affect these legal rights.
9. Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while you
use the Site or Services or are otherwise a user of the Site, as applicable. You
may terminate your use or participation at any time, for any reason, by
following the instructions for terminating user accounts in your account
settings, if available, or by contacting us at email@example.com.
9.2 Without limiting any other provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and without notice or liability,
deny access to and use of the Site and the Services (including blocking certain
IP addresses), to any person for any reason including without limitation for
breach of any representation, warranty or covenant contained in these Terms and
Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is
in breach of these Terms and Conditions or of any applicable law or regulation,
we may terminate your use or participation in the Site and the Services or
delete your profile and any content or information that you posted at any time,
without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this
Section 9, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
10. Mobile Application
10.1 If you access the Services via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use the
mobile application on wireless electronic devices owned or controlled by you,
and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this license.
10.2 For business users only - You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of
the software/application unless you have first written to us requesting
interoperability information and we have failed to provide you with that
information or if we have failed to offer to provide you with interoperability
information on reasonable conditions;
(b) make any modification, adaptation, improvement, enhancement, translation or
derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your
access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of
copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for Site for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment
permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is,
directly or indirectly, competitive with or in any way a substitute for the
(h) use the application to send automated queries to any website or to send any
unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing or
distribution of any applications, accessories or devices for use with the
10.3 The following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an App Distributor) to access the
(a) The license granted to you for our mobile application is limited to a
non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating system, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with
respect to the mobile application as specified in these Terms and Conditions or
as otherwise required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support
services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any
applicable warranty, you may notify an App Distributor, and the App Distributor,
in accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted by
applicable law, an App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a "terrorist supporting" country; and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using
the mobile application, e.g., if you have a VoIP application, then you must not
be in breach of their wireless data service agreement when using the mobile
(f) You acknowledge and agree that the App Distributors are third party
beneficiaries of these Terms and Conditions, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce these
Terms and Conditions against you as a third party beneficiary thereof.
11.1 Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and
other records and to electronic delivery of notices, policies and records of
transactions initiated or completed by us or via the Site. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us
on the Site or in respect to the Services constitute the entire agreement and
understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms
and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any
11.5 We shall not be responsible or liable for any loss, damage, delay or
failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or use of
the Site or Services.
11.8 For consumers only - Please note that these Terms and Conditions, their
subject matter and their formation, are governed by English law. You and we both
agree that the courts of England and Wales will have exclusive jurisdiction
expect that if you are a resident of Northern Ireland you may also bring
proceedings in Northern Ireland, and if you are resident of Scotland, you may
also bring proceedings in Scotland. If you have any complaint or wish to raise a
dispute under these Terms and Conditions or otherwise in relation to the Site
please follow this link http://ec.europa.eu/odr.
11.9 For business users only - If you are a business user, these Terms and
Conditions, their subject matter and their formation (and any non-contractual
disputes or claims) are governed by English Law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
11.10 Except as stated under the Mobile Application section, a person who is not
a party to these Terms and Conditions shall have no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of these Terms and
11.11 In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us by email at
firstname.lastname@example.org or by post to:
19240 Des Moines Memorial DR S, C-100
Seatac, WA 98148