International Sale of Goods Terms and Conditions - Mexico
Last revision: June, 2022.
These terms and conditions govern the use of Mercado Libre’s services to buy and sell goods located outside of Mexico, 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 Condition, 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 Mexico 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 or after the first use of Mercado Libre services to make an International Sale, whichever occurs first.
1. International Sale
1.1. Mercado Libre services can be used by Exporting Users to offer the sale of goods located outside Mexico 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 Mexican 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 Mexican 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 Mexican existing rules.
1.5. In compliance with the existing regulation in Mexico for transactions of this nature, in the International Sale:
The Exporting User and the Importing User agree to use the services of parcel, postal our courier companies to carry out the shipping, including services related to the import of goods to Mexico,
The Exporting User and the Importing User shall be responsible for the fact that parcel and courier companies take charge of the bill of lading, packing list, bill and other shipment documents, such as documents that must be presented for import, including those documents related to the source and origin of the goods for any tariff preference, countervailing duties and/or any other implemented measure.
The Importing User shall be responsible for the corresponding payments of import duties, tariffs and other levies, according to the good to be imported and applicable laws.
The Exporting User and the Importing User accept that the billing of the good shall be carried out in compliance with its real price, and agree not to underinvoice by issuing fiscal documents with lower values than the real ones.
It might be subject to additional import processes or procedures, such as filling in customs forms, using the services of a customs broker, customs proxy or accredited legal representative, or anything else required by the competent authority.
The customs value of the requested goods shall not exceed the equivalent in local currency to USD 5000 (five thousand dollars, the legal currency of the United States of America) The Importing User shall not carry out more than one transaction every calendar month to import goods.
It shall not be possible to import goods which are difficult to identify due to their presentation such as powder, liquid or pharmaceutical forms, such as: pills, troche, powder, tablets, capsules, that require physical and/or chemical analysis to determine its composition, nature, origin, and other necessary characteristics to determine its tariff classification, regardless of the stated amount and value.
In the case of documents, destroyed postal documents, newspapers our information in magnetic or optical media, they must be shipped individually.
The Exporting User and the Importing User, at all times, must confirm the dimensions and weight restrictions of goods shipped by parcel and courier services that might be applicable.
2. Listing 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, invoice, bill or such documents.
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 Mexican pesos. The Exporting User authorizes Mercado Libre to adjust the price subject to the exchange rate variations between the Mexican 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. However, it is acknowledged for all purposes that import tariffs, levies and other duties that must be paid for the import and/or export in the country of origin might be modified at any moment, and could modify the final price of the goods. Additionally, in accordance with the import procedures for the goods, the Importing User accepts and acknowledges that, at the time of the import, the competent authority may set forth additional or greater tariffs and customs to the imported goods, and those duties and/or tariffs must be paid at the time of delivery. Said payment must be made to the parcel and courier company, otherwise, the goods won’t be delivered.
3.3. The Exporting User expressly and irrevocably authorizes Mercado Libre: (i) to convert into Mexican 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, provided that said import tariffs and duties can be calculated.
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.
4.4 The Importing User acknowledges that there may be no chance to exercise or demand any warranty of the purchased goods since they have a local scope of application. Additionally, the Importing User is responsible for ensuring the goods comply with the applicable rules in their country of residence on its use and functioning, including any applicable official rule in accordance with its tariff classification.
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) when 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 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. Mercado Libre reserves the right to charge the Exporting User the difference between (i) the value of the shipment reported by the Exporting User to the Logistics Company and (ii) the actual value of the shipment effectively reported by the Logistics Company, in the in case the information provided by the Exporting User is incorrect. The Exporting User authorizes Mercado Libre to debit this difference between the reported value and the real value of the shipments of the payment flow described in clause 3.4.
6.8. The Exporting User who uses the services of Mercado Envios Full will comply with the Terms and Conditions of Mercado Envios Full. The products eligible for the use of the Mercado Envios Full service must meet the minimum publication value requirement that is indicated from time to time in the frequently asked questions.
7. Representations and obligations of the Importing User
The Importing Users represents, acknowledges and accepts that:
(i) they act as Importer or hold the status of importer in Mexico of the good acquired through the International Sale, and carries out said import in full compliance with applicable rules.
(ii) The goods acquired through the International Sale will be used for personal, family or social use by the Importing User, without commercial purposes.
(iii) they can carry out imports once per calendar month, and the value of the imported goods shall not exceed USD 5000 (five thousand dollars, legal currency in the United States of America).
(v) they shall verify the lawfulness of the good that is the object of the International Sale under existing regulations in Mexico.
(vi) they shall be responsible for procuring any authorization, approval or permit required by the existing rules and regulations in Mexico to import the goods that is the object of the International Sale.
(vii) 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.
(viii) 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.).
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 carries out said export in full compliance with applicable rules.
(iii) their lists 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 case of an infraction of the policy of Articles that violate intellectual property rights, Prohibited Articles of Mercado Libre, the declarations of this clause and/or other provisions of the General Terms and Conditions of Mercado Libre, of the use of the Mercado Envios tool and Mercado Envios Full. Mercado Libre will be enabled to adopt preventive measures such as unsubscribing publications, temporarily suspending and/or definitively disabling the account of the Exporting User in all the sites where the Exporting User operates.
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 (Compra Protegida) 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 Mexico.
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 Mexico.
For the compliance of applicable rules on imports of goods to Mexico, including without limitation, procuring authorizations, permits and/or approval of Mexican authorities.