Privacy Policy

Noisy River Outdoors LLC considers that protecting your information is very important and we recognize that you have an interest in how we may collect, use and share such information. This Data Protection Statement outlines how we use and protect your information and states the principles which reflect our commitment to safeguarding that information.

Personal information collection

Noisy River Outdoors LLC may collect and use the following kinds of personal information:

• Information about your use of this website
• Information that you provide in our contact form(s)
• Information that you provide using for the purpose of registering with the website for our newsletters, contests or for purchasing our products
• Information about transactions carried out over this website
• Information that you provide for the purpose of subscribing to the website services.

Using personal information

Noisy River Outdoors LLC may use your personal information to:

• Administer this website
• Personalize the website for you
• Enable your access to and use of the website services
• Publish information about you on the website
• Send to you products that you purchase
• Supply to you services that you purchase
• Send to you statements and invoices
• Collect payments from you; and
• Send you marketing communications

Where Noisy River Outdoors LLC discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Noisy River Outdoors LLC may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Noisy River Outdoors LLC will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Noisy River Outdoors LLC collects may be stored and processed in and transferred between any of the countries in which Noisy River Outdoors LLC operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

Noisy River Outdoors LLC may update or amend this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.

Noisy River Outdoors LLC is not responsible for the privacy policies or practices of any third party.

Terms of Use

Use of this website is subject to Noisy River Outdoors LLC’s terms and conditions of use.

By using this website, you are agreeing to abide by these terms of use. If you do not wish to abide by these terms of use, please do not use this website.

External Links

This website may contain links to other websites. Please be aware that we are not responsible for the content, materials, privacy policies or any other aspect of other sites, and you use these other sites at your own risk.

Availability & Accuracy of Our Information

Although Noisy River Outdoors LLC updates the website regularly, we do not guarantee that the information or materials contained therein the website are current or accurate or that any of the products or services featured on the website are available. Noisy River Outdoors LLC may change the materials appearing on this website at any time without notice.

Third Parties Materials and Websites

This website may contain information or materials produced by third parties (including third party websites) and links to other websites. Noisy River Outdoors LLC accepts no responsibility or liability in respect of any such third party information or materials or for the operation or content of other websites (whether or not linked to this website).

Cookies

A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is not linked to any personal information on our site. Cookies enable us to preserve preferences of our users to enhance the experience on our site.

Release and Indemnity

By using this website you agree to all the Terms of Use and Privacy Statement expressed on this website, and also you hereby release and waive any and all claims and/or liability against Noisy River Outdoors LLC arising from or in connection with your use of the Noisy River Outdoors LLC website. You also agree to defend, indemnify and hold harmless, Noisy River Outdoors LLC from and against, any and all claims or liability, including costs, arising from or in connection with your use of the Noisy River Outdoors LLC website.

Photo Release

By submitting pictures to Noisy River Outdoors LLC website or Social Media pages, you agree to grant Noisy River Outdoors LLC the right to reproduce, use, exhibit, display, broadcast, distribute and create derivative works of the photographs you have submitted for use in connection with the promotion and marketing of the company or its products.

If you would like us to remove your pictures from our marketing material, please contact us and we will do our best to remove your pictures.

Prototypes and Preproduction Units

The Noisy River Outdoors LLC products offered as pre-order maybe pictured in their prototype stages or preproduction units and the final product may look and function differently than the prototypes.

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed herein are registered and unregistered trademarks of Noisy River Outdoors LLC, its affiliates, and others. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed herein without the written permission of Noisy River Outdoors LLC or such third party that may own the trademark displayed herein. Your misuse of the trademarks displayed herein, or any other content on this website, except as provided herein, is strictly prohibited.

The following terms and the Noisy River Outdoors logo are trademarks of Noisy River Outdoors LLC and must be acknowledged as such if used with using [TM]:

• Noisy River Outdoors™
• Flip-Kat

Registering your vessel

In certain municipalities, states, counties, or countries, it is required that you register motorized and non motorized kayaks, SUPs or canoes with a local licensing body.

For example, in many US states, the state DMV will require you to register your motorized kayak as a motorized boat. Please be sure to take the necessary steps to comply with local laws and regulations that apply to your vessel once motorized. In the US, a good resource to find more information is www.takemefishing.org.

USER AGREEMENT - SAFETY, RESPONSIBILITY AND RELEASE

Using a kayak or any watercraft or motor/thruster and lithium batteries on any kayak, watercraft or for diving or swimming can be dangerous and involves certain risks which often cannot be predicted or avoided. Those risks include, but are not limited to, personal injury or death, property damage, which may result from, loss of control, collisions with other users or watercraft, swimmers, and natural and man-made objects and/or animals/plants. By choosing to use a Noisy River Outdoors product, you assume these risks and thereby need to know and practice water safety rules, responsible pedaling, paddling or motoring, and proper use and maintenance of your Noisy River Outdoors product(s) or any products purchased from Noisy River Outdoors to reduce these risks. Since it is impossible to anticipate every situation or condition which can occur while kayaking with paddles, manual pedal drive or under motor power in water, Noisy River Outdoors LLC can make no representation or warranty about the use and safety of Noisy River Outdoors products under all conditions.

By purchasing and/or using Noisy River Outdoors Products, you acknowledge, agree and understand the danger(s) involved in using any Noisy River Outdoors products and accessories. You, on behalf of yourself and your heirs, executors, administrators, successors and assignees: (1) Fully assume the risks involved in using Noisy River Outdoors products and agree to use your best judgment in undertaking your activities to reduce such risks. (2) Agree to strictly and fully follow all safety instructions in this document and/or provided on the Noisy River Outdoors Website or related communications. (3) Fully and voluntarily waive, relinquish, covenant not to sue, release and agree to indemnify and hold harmless Noisy River Outdoors and Noisy River Outdoors LLC, its members, employees, officers, managers, agents, resellers and representatives from any claim or loss for personal injury, property damage and/or death resulting from the use of Noisy River Outdoors products and/or accessories.

You further: (1) acknowledge and agree that this waiver and assumption of risk is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, the balance shall nonetheless continue in full force and effect; (2) acknowledge and agree this assumption of risk and waiver provides for the release of legal rights; and (3) expressly waive whatever benefits may be available under North Carolina Civil Code, as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Please note that your insurance policies may not provide coverage for incidents resulting from the use of Noisy River Outdoors products. Please contact your insurance company to determine your coverage prior to using Noisy River Outdoors products.

IF YOU DO NOT AGREE FULLY TO ALL OF THESE PROVISIONS, YOU SHOULD NOT USE NOISY RIVER OUTDOORS PRODUCTS.

Warranty of brand merchandise

The warranty of all products excluding Kayaks, sold from Noisy River Outdoors will follow the warranty of the product’s brand company or original manufacturer and the purchaser will be responsible for handling all warranty issues directly with the manufacturer or brand company. However please call Noisy River Outdoors for any assistance.

Returns and Refunds of merchandise

TERMS & CONDITIONS, SHIPPING & RETURNS

SHIPPING

• Customers are responsible for kayak orders shipping cost which will be estimated upon order but not determined until time of shipping.
• Please allow at least 2-5 business days for your branded or accessory merchandise order to arrive and depending on your location, the duration may vary. If there is an unexpected delay or if any item is on backorder, we will email you to let you know. Kayak orders will be estimated by courier at time of shipping.
• Signature on Delivery: All orders over $300 will require a signature on delivery. If you wish to waive the signature requirement, you must indicate that on the COMMENT Section of your order. By waiving a signature as proof of delivery, you accept responsibility and liability for any potential damage, loss or theft of your order AFTER your order has been delivered to your shipping address and/or upon which a delivery confirmation has been issued. Once your order has been shipped, you will receive a Delivery notification with a Tracking number which will allow you to track and manage its delivery.
• Requests for a Signature Confirmation cannot be removed or added once your order has been shipped.
• Requests for an address change once your order has been shipped may not be available but if so will incur a Delivery Change fee of $15.00 and ONLY if it is allowed by the Courier Service, so please ensure the delivery address indicated on your order is complete and correct.
• We do not ship to P.O. boxes or APO/FPO addresses. Contact us if you have special circumstances.
• International customers (outside the USA) are responsible for paying the import and customs duties if applicable.
• We are not responsible for damaged, lost or stolen items due to any parcel service faults. We will do our best to resolve the issue with our shipping carrier but cannot make any warranties.
• Express shipping service with specific delivery dates and time are NOT guaranteed by shipping carriers and will not be refunded if your order is not delivered in the time frame specified on your order. Delivery dates indicated on paid express service do not reflect non-delivery dates due to holidays. Please contact us before you pay for express shipping for urgent delivery requests.

DO NOT SHIP DAMAGED OR NON-WORKING BATTERIES. THIS IS AGAINST THE LAW. PLEASE CONTACT US FOR INSTRUCTIONS ON DEALING WITH DEAD BATTERIES.

RETURNS (if applicable)

We want you to be happy with your purchase and if for whatever reason, you are not satisfied with your order, we will do our very best to change that. However, please keep in mind that the shipping regulations of any lithium ion batteries are more strict and complicated than other products and as such, impose certain restrictions on our ability to accept returns and exchanges.

• Accessory products (Kayaks not included) received, which have not been opened (remain in its original packaging and seal) may be returned for a refund less a 10% to 25% restocking fee depending on product and initial shipping costs. In order to receive proper credit on your eligible return, please contact us for a Return Authorization within 15 days of receiving your order. We do not accept returns after 15 days.
• Purchased products which have been USED are not eligible for a refund and cannot be returned.
• Malfunctions due to neglect and/or misuse are not eligible for a refund, exchange or credit. You must contact Noisy River Outdoors for instructions on how to return your item. Shipping costs for returns and repairs are the responsibility of the purchaser.
• We do not issue prepaid return labels. All returns must be in their original carton with all packing material intact. You will be responsible for paying the shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of the initial shipping fee will be deducted from your refund.
• Address for returns: Noisy River Outdoors
  3904 North Main Street
  High Point NC. 27265 USA.
  Attn: Returns. Indicate your Order number in your return.

Please keep in mind that the shipping regulations of any lithium ion batteries are more strict and complicated than other products and as such, impose certain restrictions on our ability to accept returns and exchanges

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We are not responsible for lost items that you ship to us.

DELIVERY AND DAMAGED SHIPMENTS

Fully inspect all deliveries for damage before signing the receipt. If damaged, take pictures and make notes and make the delivery person aware of it. You can either refuse delivery or accept and file a claim with the shipper.

REFUNDS (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed and a credit will automatically be applied to your original credit card or original method of payment.

SALE OR DISCONTINUED ITEMS (if applicable)

Only regular priced items are eligible for our Returns policy. Unfortunately, sale items cannot be refunded nor exchanged.

Noisy River Outdoors’ Flip-Kat Kayak return policy.

Flip-Kat Kayaks purchased from our website, www.noisyriveroutdoors.com, are all final sale items. No exchange or return possible.

Kayaks must be inspected for damage before accepting delivery

It's important to inspect your kayak carefully and thoroughly upon delivery, so that you make sure you have everything you ordered, and that there were no damages in transit. If the product is signed for without damage being reported or if the driver leaves the property without the damage being reported, you may not be able to make a claim.

Kayak warranty

The present warranty is only valid if the original buyer registered the warranty within the Ten (10) day period immediately following the date of purchase. The warranty Registration can be done either electronically via our website www.noisyriveroutdoors.com or by completing and returning the registration card found in your owner’s manual.

The Noisy River Outdoors’ Flip-Kat warranty is valid only if the product is used for its intended purposes and for which it was designed.

Product component parts and accessories are warranted for a period of one (1) year from the date of purchase against defects in workmanship and / or materials. The hull and deck are warranted for a period of one (1) year from the date of purchase against defects in workmanship

This warranty does not cover:

• Boats used for rental or other commercial use
• Products that have been damaged by negligence, misuse or accident, or wear due to owner’s failure to provide reasonable and necessary maintenance
• Products which have been modified or repaired by unauthorized persons
• Change in appearance of boat due to wear, exposure or any other environmental condition

During the warranty period Noisy River Outdoors is obliged only to repair or replace, at its discretion, the parts, at either its manufacturing plant, or in the kayak’s location, as decided by Noisy River Outdoors LLC.

Transportation costs back to the appointed place of repair or replacement are at the expense of the consumer. Noisy River Outdoors LLC is not responsible for any damages incurred in transport, for storing or transportation fees, nor for inconvenience or loss of time or money while the kayak is inoperable or while repairs are being made.

Any return or repair of kayaks must be accompanied by an authorization number obtained by contacting Noisy River Outdoors LLC during our business hours. The return of any Kayak will not be accepted by Noisy River Outdoors LLC without this authorization number.

This warranty is the sole and exclusive warranty by Noisy River Outdoors LLC. in connection with its Kayaks and Noisy River Outdoors LLC makes no warranties or representations, expressed or implied (including warranties of merchantability and of fitness for a particular purpose) in such connection except as specifically set in this warranty.

All incidental and / or consequential damages are excluded from this warranty. Implied warranties are limited to the life of this warranty.