International Sale of Goods Terms and Conditions - Brazil
Last revision: June, 2022.
These terms and conditions govern the use of Mercado Libre to buy goods from sellers located outside of Brazil (“International Sale”).
These terms and conditions are part of Mercado Libre General Terms and Conditions, which are fully applicable to the International Sale of Goods save for the cases set forth hereby.
To make an International Sale, it is necessary for the Buying User and the Foreing Seller to sign up to Mercado Libre as defined below.
The sign up process of the Foreign Seller may be carried out manually by Mercado Libre. Thus, these terms and conditions will be deemed accepted by the Foreign Seller when they sign up to Mercado Libre or when they start using the services provided by Mercado Libre.
1.1. Mercado Libre allows listings from sellers located outside Brazil (“Foreign Sellers”), so the Buying User can carry out the International Sale on their behalf.
1.2. To all intents and purposes, the Buying User is considered as the importer and sole responsible for the International Sale, taking into account that Mercado Libre only makes available a platform to conduct the business.
1.3. The Buying User represents and accepts that, occasionally, the Brazilian law shall not be applicable to its sale with the Foreign Seller. Additionally, the Buying User represents and agrees to be bound by the product import and nationalizations rules and the risks related to the import activity, when carrying out the International Sale
1.4. The Foreign Seller, for their part, represents and agrees to comply with export laws and restrictions from their country and to be bound by the laws of the International Buyer’s country, when applicable.
2.1. Listings related to the International Sale of a good must be clearly identified.
2.2. The Foreign Seller is responsible for the terms of the offer and content of the listing, including: title, description, images, price, delivery time, payment methods, and Mercado Libre shall not be responsible for said content.
2.3. There is no partnership or alliance between the Foreign Seller and Mercado Libre, other than providing the hosting and intermediation service for the purchase and sale.
2.4. Mercado Libre might make available a machine translation system for the content of the listings to the local language, but the Buying User must carry out the check and validation of the offer terms made available by the Foreign Seller.
2.5. The Foreign Seller might, at their sole discretion, translate the content of the listings into Portuguese, provided that it is accurate, clear, and understandable.
3.1. The price of goods offered for sale must be listed in Reais and is subject to exchange rate variations as long as they are for sale, for this reason, the price stated in the listing might be updated constantly, without notice. Once the International Sale is made, the price cannot be modified.
3.2. Unless otherwise stated, the final price of the goods includes any cost related to the International Sale, such as transaction, logistics, custom duties and taxes.
3.3. The Foreign Seller must list the price of the product in the lawful currency of their country, without any additions or variations.
3.4. The Foreign Seller authorizes to convert the listed price to Reais, as well as the increase of the value related to taxes and the logistics operation to carry out the International Sale.
3.5. The Foreign Seller, in order to receive the funds related to the International Sale, must comply with the conditions applicable to the service of the International Collection Agency provided in the Mercado Pago Use Terms and Conditions, the remittance can be carried out by Mercado Pago Brazil and/or any group company appointed by Mercado Pago.
3.6 Buying Users and Foreign Sellers authorize the international remittance to Meli Technology, Inc. and/or whoever Mercado Pago appoints, of the funds arising from the transactions on the MercadoLivre Platforms or on other e-commerce platforms, representing the parties before the Commercial Bank that will enter into the corresponding exchange contracts, and taking responsibility of presenting any necessary documentation to verify the lawfulness and the economic rationale of the remittance of the corresponding payment, should it be necessary.
Warranty, replacement and information about the goods
4.1. Since the product is purchased from the Foreign Seller, and taking into account it’s an import, services related to technical support, warranty our product replacement policy may vary according to the Foreign seller in Brazil.
4.2. Additionally, recommendations on the packaging, manuals or labels may be in a foreign language, and the Buying User shall be responsible for taking all the necessary measures to ensure the correct understanding of the use and functioning of the imported product.
4.3. The Foreign Seller, for their part, must notify the Buying User of the policies, procedures and customer support channels applicable to the product, including but not limited to: product replacement policy, information about the warranty and technical support, even if they are only available in te Forein Seller’s country.
4.4. The Buying User that acquires the products to resell them in the domestic market must previously confirm their compliance with national laws or procure the necessary suitability, licenses and authorizations, especially those related to regulations on consumer protection and regulatory aspects
5.1. Since the logistics operation includes international territories, certain external events might happen that affect the estimated delivery time by the Foreign Seller, especially those matters related to customs clearance and customs audit by agencies such as ANVISA, DFPC, Exército, INMETRO, etc.
5.2. Once the sale is confirmed, the Buying User will receive a tracking code of the purchased product, progress can be checked on the Logistic Company’s website, as described below.
6.1. Mercado Libre has chosen leading and specialized companies to carry out the customs clearance and delivery of the import product on behalf of the Buying User (individually, henceforth called “Logistics Company”).
6.2. The Buying User and the Foreign Seller acknowledge and accept that International Sales are backed by the intermediate logistics operations between Mercado Libre, its affiliates and the Logistics Company, save when otherwise stated in the listing.
6.3. The Buying User authorizes the Logistics Company to be sent their contact details and information related to the International Sale, as well as to provide possible information and/or documentation that are deemed necessary to carry out the International Sale.
6.4. The Foreign Seller must prepare the product to be picked up by the Logistics Company immediately after confirming the International Sale.
6.5. The Logistics Company may refuse to receive any product that is clearly damaged or flawed, in that case the Foreign Seller must immediately replace it.
6.6. The Foreign Seller authorizes the Logistics Company to be sent their information, and acknowledges and accepts that the Logistics Company shall carry out all the necessary product export procedures on their behalf, including but not limited to: shipping, filling in export documents, representation before any customs authorities within the limitations of the International Sale, paying applicable duties and levies to the export.
6.7. The Foreign Seller shall post listings with correct and accurate information about the listed product, and shall be responsible for any error or conflict in their listings observed by Mercado Libre.
6.8. The Buying User acknowledges and accepts that Mercado Libre does not control the privacy policies of the Logistics Company, neither is responsible for the services provided by the Logistics Company.
Obligations of the Buying User
7.1. The Buying User acknowledges and accepts that they:
1. shall import the product in Brazil;
2. shall be responsible for the risks of possible verified conflicts in the imported product;
3. shall carry out the import of the product according to the Brazilian laws and rules, in compliance with Mercado libre policies;
4. shall use the Logistics Company services;
5. shall bear all costs related to the import, those which are included in the final price of the product as well as any possible extraordinary costs of the import (such as warehousing costs) or auditing by public agencies during the process of nationalizing the products;
6. shall carry out all the necessary enquiries to verify the lawfulness of the imported product;
7. shall procure all necessary authorizations, information, and documentation, as required by regulatory agencies in Brazil to import controlled products.
Obligations of the Foreign Seller
8.1. The Foreign Seller acknowledges and accepts that they:
1. are responsible for the product and all the information made available in the offer of the product and the documents that support the product, as required by law;
2. shall carry out the export in compliance with all applicable laws and rules;
3. shall provide customer support on the features, operation, use and handling conditions of the listed products;
4. shall not post lists that violate the Mercado Libre Forbidden Products Policy;
5. shall use the services of the Logistics Company;
6. shall be responsible for all the flaws and defects identified on the product, as well as for shipping a different product from what was listed;
7. shall be responsible for all the taxes on their operation, including fees or levies that are their responsibility due to the export process;
8.2. The Foreign Seller shall be responsible for reimbursing Mercado Libre or the Buying User, as the case may be, any resulting costs from complaints of the Buying User about non-delivery of the product, product with flaws or defects, or a different product from what was listed. Additionally, the Foreign Seller must bear all the product return costs of the Buing User in these cases.
8.3. The Foreign Seller further acknowledges and accepts to reimburse Mercado Libre and/or the Buying User, as the case may be, all the costos related to the exercise of any right of the Buying User in Brazil, such as the right of cancellation, even if the Buying User imports the product in Brazil.
8.4. Should the Foreign Seller fail to comply with any of the conditions and/or obligations, specially those related to providing untruthful information of the products or shipping products with flaws or defects, this may give rise to, at the discretion of Mercado Libre, the withholding of funds by Mercado Libre, interruption or revocation of access by the Foreign Seller to Mercado Libre’s website.
8.4.1. Funds withheld as a result of unlawful practices may be used, for compensation by Mercado Libre, to reimburse possible costs, expenses our damages caused to third parties.
Obligations of Mercado Libre
9.1. All and any negotiations with the Foreign Sellers that take place as a result of the acquired products by means of the International Sale at the sole risk of the Buying User. Mercado Libre is not part nor responsible for the relation between the Buying User and the Foreign Seller.
9.2. In addition to the conditions and limitations of liabilities provided in Clause 11 in the General Website Use Terms and Conditions, the Buying User represents and acknowledges that Mercado Libre shall not be responsible:
- For the existence, quantity, quality, condition, integrity or lawfulness of the goods offered by the Foreign Sellers;
- For the possible return, withhold and/or seizure of the goods during customs clearance;
- Por qualquer atraso na entrega do produto, seja por culpa do Usuário Vendedor ou da Empresa de Logística;
- For any delay in the delivery of the goods, be that attributable to the Foreign Seller and/or the Logistics Company;
- For any customs clearance problem encountered by the Buying User or Foreign Seller;
- For the lack of warranty or technical support of the product in Brazil;
- For possible incompatibilities of the acquired product with existing technical and usage rules in Brazil;
- For the nationalization of the imported product in Brazil, by means of the customs clearance process;
- For compliance of any applicable rules to the product importer, such as procuring authorization or approval by regulating agencies in Brazil, such as ANVISA, INMETRO, etc.
9.3. Mercado Livre will not be responsible for the refund of taxes and other expenses related to the purchase of the product, not mentioned in the respective advertisement, in cases of complaint or return by the Buyer User, regardless of the reason.
9.4. In the event that the Buyer User does not pay the taxes for the importation of the product and/or the customs clearance costs, Mercado Livre will not be obliged to reimburse the Buyer User for the cost of the product, in any case.
10.1. Mercado Libre shall help the Buying Users and Foreign Sellers to communicate and solve problems between the parties, to do so, should there be any problem with the International Sale, the Buying User must file a complaint against the Foreign Seller.
10.2. If the Buying User files a complaint because the product has not arrived in 21 (twenty-one) days, MercadoLibre shall check with the Logistics Company if the product has been shipped by the Foreign Seller, if that were the case, the delivery term will be extended, taking into account what was described in section 5.1.