International Sale of Goods Terms and Conditions - Chile
Last revision: June, 2022.
These terms and conditions govern the use of Mercado Libre’s services to buy and sell goods located outside of Chile, whose sellers reside outside said territory (henceforth, the “Exporting User”), and whose buyers (henceforth, the “Importing User”, and together with the Exporting User, the “Users”) purchase them for personal, family or social use or consumption, without commercial purposes (henceforth, the “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. Any person who does not agree to the International Sale of Goods Terms and Conditions and/or Mercado Libre General Terms and Conditions, which are mandatory and binding, shall refrain from using the site and/or its services.
To make an International Sale, it is necessary for the Users to sign up to Mercado Libre website. At its sole discretion, Mercado Libre might implement a special process for the registration of the Exporting User, who shall be bound by these International Sale of Goods Terms and Conditions upon registration.
1. International Sale
1.1. Mercado Libre services can be used by Exporting Users to offer the sale of goods located outside Chile to Importing Users, for personal, family or social use or consumption, not for commercial purposes.
1.2. To all intents and purposes, the Importing User is considered as the importer of said good, and the Exporting User as the exporter thereof. Each party shall act for their own interest and on their own behalf, and they shall agree to enter into and to the conditions of the International Sale, and shall be solely responsible for complying with the obligations arising from the International Sale. Mercado Libre only makes available to the Users a virtual space that allows them to communicate through the Internet, making it possible to enter into the International Sale.
1.3. The Importing User represents and accepts that, occasionally, the Chilean law shall not be applicable to the International Sale (in whole or in part). Additionally, the Importing User accepts and agrees to be bound by applicable Chilean rules on importation of goods.
1.4. The Exporting User, for their part, represents and agrees to be bound by existing rules on the export of goods from the country that the good is eventually exported from, and agrees to comply with applicable Chilean existing rules.
1.5. In compliance with the existing regulation in Chile for transactions of this nature, in the International Sale:
(i)the services of postal companies or couriers shall be used to carry out the shipment, producing customs affidavit and paying the corresponding import duties, tariffs and other levies, acting on behalf of the Importing User.
(ii) is subject to the hiring of customs brokers for shippings that exceed USD 1000 (one thousand dollars), according to the provisions of the Exempt Resolution No. 7042, 2016, of the National Customs Service. For the aforementioned, the Importing User hereby authorizes Mercado Libre and POSTAL & PARCEL MAILAMERICAS INC S.A., to carry out as the customs broker any necessary action for the entry and pick up of the goods that are the object of the International Sale.
2. Listing of the goods
2.1. The listings that offer the International Sale of a good must be clearly identified, and should be distinguished from listings that do not belong to this format.
2.2. The Exporting User is the only and sole responsible for the content of the listing, including, in particular, but not limited to: title of the listing, complete and comprehensive description of the good (sufficient to classify the good), category of the good (the corresponding tariff heading is determined based on this, in compliance with the existing rule), images, price, delivery time, payment methods and any other condition of the International Sale outlined herein that are applicable in accordance to the applicable laws, and Mercado Libre shall not be responsible for said content. More specifically, the Exporting User is the only and sole responsible for any error or omission in the definition, as well as the authenticity and accuracy of the description of the goods and/or sums paid for import duties, tariffs and/or any other custom duty, if said errors or omissions are caused by and/or are related to the content of the listing.
2.3. Mercado Libre might make available to the Exporting User a machine translation system for the content of the listings to Spanish. The Exporting User might, at their sole discretion, use a different translation system than the one that Mercado Libre makes available, provided that the resulting content of the listings of said system is correct, complete, reasonably accurate and clear to be understood. Notwithstanding, in any case, the Exporting User, as the only and sole responsible for the listing, must check and verify the correctness, accuracy, clarity, and completeness of said content.
3.1. The price of goods offered for sale must be listed in Chilean pesos. The Exporting User authorizes Mercado Libre to adjust the price subject to the exchange rate variations between the Chilean peso and the legal currency of the country of residence of the Exporting User; for this reason, the price stated in the listing might be updated at any time and more than once, without notice. Once the International Sale is made, the price cannot be adjusted or modified. It is hereby clearly stated that Mercado Libre is not a financial institution nor provides any exchange service to Users.
3.2. Unless otherwise stated, the final price of the good includes its value and any cost related to the International Sale, including and without limitation: shipment (international and domestic), insurance, import tariffs, levies and any duty that must be paid for the import and/or export of the country of origin.
3.3. The Exporting User expressly and irrevocably authorizes Mercado Libre: (i) to convert into Chilean pesos the value of the good, that must be informed by the Exporting User in the legal currency of their country of residence; and (ii) to add to this value any cost related to the International Sale mentioned in the foregoing section 3.2.
3.4. The Exporting User expressly and irrevocably accepts that the price of the goods be paid (i) through one or several bank transfers to their bank account appointed by the Exporting User. In these casos, the Exporting User expressly and irrevocably accepts that said transfer(s) be carried out by Mercadolibre, S. de R.L de C.V [LLC] and/or by any of its parent, controlled and/or affiliated companies; and/or (ii) as the Exporting USer might choose, through any third-party payment platforms if possible. In these casos, the Exporting User must bear applicable service fees for using said third-party payment platforms.
4. Warranty, replacement and information about the goods
4.1. The technical support, warranty and/or good replacement may vary between the International Sale transactions, since there are different areas involved.
4.2. For the same reasons mentioned in the foregoing section 4.1, the information of the goods included in the packaging, manuals and/or accessories may be in a foreign language, and the Importing User shall be responsible for taking all the necessary measures to ensure the correct and complete understanding of the use and functioning of the imported goods.
4.3. The Exporting User must notify the Importing User of the available customer and support channels related to the purchase good, including and without limitation, warranty and technical support services, and the good replacement conditions.
5.1. The Importing User represents and acknowledges that the delivery time of the good estimated by the Exporting User on the listing website may be changed for reasons beyond the control of the Exporting User, including, but not limited to complying with customs formalities, auditing, payment of duties, etc.
If after the 21st day of confirming the International Sale, the Importing User files a complaint for non-delivery of the goods, MercadoLibre shall verify if the Exporting User shipped the goods. If the goods are in transit, the delivery term will be extended for a reasonable amount of time.
5.2. Once the International Sale transaction is confirmed, the Importing User will receive a tracking code that will allow them to track the shipping of the purchased goods through the website of the parcel, postal our courier service and/or Mercado Libre, as the case may be.
6.1. Mercado Libre maintains commercial relations with leading companies specialized in national and international shipping and logistic of goods, parcel, postal, and courier services, with experience and sufficient capacity to help the Exporting Using carry out the delivery of the goods which are the object of the International Sale to the Importing User (henceforth, the “Logistics Company”).
6.2. Users represent and acknowledge that except when otherwise stated in the listing of the good, in the International Sale:
(I)all aspects related to logistics are governed by the Mercado Envíos Terms and Conditions, save for: :
(a)the collection mechanism that might arranged in a different way between the Exporting User and the Logistics Company; and for
(b)everything related to the invoice of the logistics and shipping service, export and import duties, tariffs and other levies. In the case of International Sales, Mercado Libre shall issue an invoice to the Importing User for the sum paid by said user for the above mentioned duties.
(ii)the Logistics Company services are used to carry out the national and international shipping of goods, providing customs affidavits, and paying the corresponding export and import duties, tariffs, and other levies, on behalf of the Importing User and the Exporting Users, as the case may be (henceforth, the “Logistics Company Obligations”).
6.3. Users expressly and irrevocably authorize Mercado Libre to provide the Logistics Company with their personal contact information and any information related to the International Sale. Additionally, they commit to provide the Logistics Company with any information/documentation that is necessary/convenient so it can carry out the Logistics Company Obligations, acting on behalf of the Importing Users or Exporting Users, as the case may be.
6.4. The Exporting User must properly pack the good to ensure its protection taking into account its own characteristics and the inherent movement of international shipping, while also respecting the requirements of the Logistics Company, and to make it available to the latter to be immediately picked up after the International Sale transaction is confirmed or whenever the parties schedule it.
6.5. The Logistics Company may refuse to receive any package that does not comply with the requirements or is clearly damaged or flawed, in that case the Exporting User must immediately replace it with another one that complies with the requirements or is in perfect condition.
6.6. Users acknowledge and accept for all purposes that Mercado Libre does not control the privacy policies of the Logistics Company, neither their use of personal data and information about the Users and/or the International Sale. Additionally, Users acknowledge and accept for all purposes that Mercado Libre does not control nor is responsible for the services provided by the Logistics Company.
6.7. MercadoLibre reserves the right to charge the Exporting User the difference between (i) the value of the shipment determined by the MercadoLibre service related to the shipments and charged to the corresponding User and (ii) the actual value of the shipment actually informed by the Logistics Company, in the event that the information provided by the Exporting User is incorrect. The Exporting User authorizes Mercado Libre to debit this difference between the determined value and the real value of the shipments of the payment flow described in clause 3.4.
7. Representations and obligations of the Importing User
The Importing Users represents, acknowledges and accepts that:
(i) they hold the status of importer in Chile of the good acquired through the International Sale, and carries out said import in full compliance with applicable rules.
(ii) The good acquired through the International Sale will be used for personal, family or social use by the Importing User, without commercial purposes.
(iii) They shall verify the lawfulness of the good that is the object of the International Sale under existing regulations in Chile.
(iv) They shall be responsible for procuring any authorization, approval or permit required by the existing rules and regulations in Chile to import the goods that are the object of the International Sale.
(v) They shall use the services of the Logistics Company to carry out the national and international shipment of the goods, produce the customs affidavit and pay the corresponding import duties, tariffs, and other levies, on behalf of the Importing User.
(vi) They shall bear all the costs related to the import of the good that is the object of the International Sale, including regular costs that are already included in the final price stated in the listing (its value, shipping costs, insurance, import duties, tariffs and other levies), as well as extraordinary costs that could arise in a single import (for example: storage costs, auditing by public authorities during the import process, etc.).
(vii) The seller may exclude the right of cancellation of the buyer provided it meets the requirements set forth by current regulations.
8. Representations and obligations of the Exporting User
The Exporting User represents, acknowledges, and accepts that:
(i)Through the International Sale, the Exporting User transfers to the Importing User the full, perfect, and negotiable ownership of the good that is the object of said transaction, which is in perfect condition and suitable for the intended use, and that meets the condition described in the listing on Mercado Libre.
(ii)They hold the status of exporter of the good sold through the International Sale, and carry out said export in full compliance with applicable rules.
(iii)Their listings cannot violate the Mercado Libre Forbidden Items policy.
(iv)They must provide the Importing User with sufficient, clear, complete, and accurate information about the characteristics and features of the goods, the conditions of the International Sale, and the available technical support and customer service channel, including the good replacement procedure.
(v)They shall use the services of the Logistics Company to carry out the national and international shipment of the goods, produce the customs affidavit and pay the corresponding import duties, tariffs, and other levies, on behalf of the Exporting User.
(vi)They are responsible for all the flaws or defects of the good, as well as the delivery in due time and form.
(vii)They shall bear all the costs related to the export of the good that is the object of the International Sale.
(viii)The Exporting User expressly accepts that in the event of violations of the Policies on Items that Violate Intellectual Property Rights and/or the Policies on Prohibited Items of Mercado Libre, the statements in this clause and/or other provisions of the General Terms and Conditions of MercadoLibre, MercadoLibre will be empowered to adopt preventive measures such as deleting publications, temporarily suspending and/or definitively disabling the account of the Exporting User in all the sites where the Exporting User operates.
(ix)The Exporting User expressly accepts that MercadoLibre may audit and visually inspect the products returned by the Importing User to decide on claims related to problems with the delivery of merchandise, in accordance with the Return Inspection Policy.
9. Dispute Resolution
9.1. Users agree to submit any dispute that may arise from the International Sale transaction to the decision of Mercado Libre pursuant to the Buyers Protection Program (Protected Purchase) and/or Sellers (PPV), as the case may be, and whenever they are applicable.
9.2. Additionally, in those cases were any of the above mentioned programs are not applicable, Users agree to the Complaint and Disputes Resolution mechanism set forth by Mercado Libre in clause 6 r) of the General Use Terms and Conditions of the Mercado Pago Web Sitercado Pago.
9.3. Users agree to abide by the decision taken by Mercado Libre when the parties to the International Sale subject to said mechanism do not reach an agreement, and refrain from filing a complaint to Mercado Libre and/or its directors, managers, employees, representatives, operators, and proxies based on said decision.
9.4. When any disputed is resolved related to (i) the delivery of a good different from what was offered by the Exporting User on the listing on the Mercado Libre site or (ii) the existence of flaws or defects on the good that prevent its normally intended use, the Exporting User shall accept the return of said good and bear the costs entailed by said return, including necessary shipping costs. If said costs are borne by Mercado Libre through the coverage of its Protected Purchase Program, said costs may be debited through the Mercado Pago system from the Exporting User’s account.
The Exporting User may abandon the good or generate an international return label, according to their own preference, which must be duly notified to Mercado Libre.
10. Liability of Mercado Libre
10.1. Mercado Libre is not part and is not involved in the negotiation, entering into, execution, compliance with the obligations nor the termination of the International Sale between the Importing User and the Exporting User, neither shall be responsible for compliance with any of the obligations arising from each stage, nor will be responsible for the truthfulness, correctness and/or completeness of the representations and/or warranties of the Importing User and/or the Exporting USers related to the International Sale. Each Users acknowledges and agrees to be the sole responsible for the goods listed for sale, for offers and/or purchases made and the information provided related to the International Sale.
10.2. In addition to clause 10 of the Mercado Libre General Terms and Conditions, the Importing Users represents and accepts that Mercado Libre shall not be responsible:
For the existence, quantity, quality, condition, integrity or lawfulness of the goods offered by the Exporting Users.
For the possible return, withhold and/or seizure of the goods during customs clearance, and/or any inconvenience suffered by the Importing User and/or the Exporting Users and/or the Logistics Company in connection to the customs clearance.
For any delay in the delivery of the goods, be that attributable to the Exporting User and/or the Logistics Company and/or any third party that Mercado Libre has no responsibility for.
For the activity carried out by the Exporting User and/or the Logistics Company.
For lack of or insufficient technical support services and/or warranty of the goods that are the object of the International Sale within Chile.
For possible incompatibilities between the good that is the object of the International Sale and rules or technical conditions and/or current usage rules in Chile.
For the compliance of applicable rules on imports of goods to Chile, including without limitation, procuring authorizations, permits and/or approvals of Chilean authorities.