International Sale of Goods Terms and Conditions - Colombia
International purchase and use of MELI Ecosystem services by Foreign Users
This annex explains the rules of use of the MELI Ecosystem services applicable to:
(i) the international purchase ("International Purchase") between:
- a Seller resident in a foreign country ("Foreign User") who, from their country of residence, list and offer products on the Mercado Libre websites in Mexico, Brazil, Colombia and Chile; and
- a Buyer resident in Mexico, Brazil, Colombia and Chile, who purchases a product from a Foreign User and imports it in their country ("Buyer")
The International Purchase is governed by the regulations in force and by the General Terms and Conditions of Use of the Mercado Libre website where the International Purchase takes place ("Terms and Conditions").
(ii) the Foreign User who uses Mercado Ads or other services of MELI Ecosystem.
All transactions carried out by the Foreign User shall be governed by the General Terms and Conditions and annexes of the Mercado Libre website where they are carried out.
- Registration and account
The User must register with a Foreign User account, following the special process for this type of account. By doing so, they simultaneously accept the General Terms and Conditions of Mercado Libre websites of Mexico, Brazil, Colombia and Chile. Thus, they will be able to list products, sell internationally and use other services of the MELI Ecosystem in the websites of those countries.
- International Purchase
a) Foreign User liabilities
When making an International Purchase, the Foreign User will be the seller and the exporter of the products.
As such, i) they must comply with all the requirements, permits and formalities required by law and current regulations for the sale and export at origin and the import and trading in the country of destination. ii) shall be responsible for compliance with the regulations in force and the criteria adopted by the customs authority and any authority in general of each country; iii) they must assume the costs related to the export of the products.
The listings must respect the General Terms and Conditions of the Marketplace which include the Listing and Prohibited Articles Policies. They shall be written in local language and identified with an "International Purchase" caption.
The Foreign User undertakes to comply with the liabilities established for the seller in the General Terms and Conditions of the Marketplace.
The Foreign User shall inform the selling price in U.S. dollars but, in their listings, the price shall be expressed in local currency. For this purpose, the Foreign User authorizes Mercado Libre to convert the price to local currency and adjust it according to exchange rate variations.
Unless otherwise stated in the listing, the final selling price will include the product price and the costs related to the International Purchase, including (international and domestic) transportation, insurance, duties, fees and taxes applicable for purposes of import, Mercado Libre may add any of these costs to the final selling price informed by the Foreign User.
The Foreign User may collect the price of their sales (i) through one or several transfers to a bank account owned by the Foreign User, which will be made by Mercado Libre with any of its related companies; and/or (ii) through other payment platforms operated by third parties, when enabled. In such cases, the Foreign User shall assume any service fee applicable to the use of such payment platforms.
The Reputation System provided in the General Terms and Conditions of the Marketplace applies to the Foreign User.
The liabilities and duties provided in the General Terms and Conditions of the Marketplace apply to the Buyer.
When making an International Purchase, the Buyer will be the importer of the products to their country. As such, they accept that they are buying products coming from outside the territory of their country, for their personal, family or social use or consumption and with no commercial purpose. As an importer, they must comply with all the requirements, permits and formalities required by the regulations in force for importation in their country. In addition, they must comply and ensure that the imported products are suitable for selling and use in their country.
In the International Purchase, the Buyer shall pay the final selling price and shipping costs (where applicable) along with applicable import duties, fees and taxes.
2.3. International shipments
International shipments of the products will be made through national and international transportation and logistics service providers, and/or parcel, postal and courier companies ("Carriers") that maintain commercial relationships with Mercado Libre or the Foreign User.
Users authorize the Carriers to carry out, on their behalf and in their name, the customs formalities, the preparation and presentation of the necessary documentation in each case and the payment of the corresponding import duties, fees and other taxes.
Find out which carriers are available for international shipments from China and the United States in the Frequently Asked Questions.
International shipments will be governed by Mercado Envios Terms and Conditions, except for:
- the pickup mechanism, which may be agreed differently between the Foreign User and the Carriers;
- regarding the invoicing of the logistics and transportation service. In the case of International Purchases, Mercado Libre will issue an invoice to the corresponding User for the amounts paid by the User for this service;
- any other details expressly informed in the products' listings.
The Users expressly and irrevocably authorize Mercado Libre to provide the Carriers with their personal data and all the information related to the International Purchase.
Mercado Libre may charge the Foreign User the difference between (i) the shipping value estimated by Mercado Libre's service related to the shipments and charged to the corresponding User; and (ii) the actual value of the shipment actually reported by the Carrier. If applicable, Mercado Libre will recalculate these differences taking into account the actual value of the shipment reported by the Carrier and the rates and conditions in effect at that time.
- Fees and Billing
When making an International Purchase operation or using Mercado Envios Full services, the Foreign User will have to pay a fee for the IT services provided by Mercado Libre. Find out the applicable selling fees in the Frequently Asked Questions.
- Mercado Ads use
The use of Mercado Ads services by the Foreign User is governed by the provisions of Mercado Ads Terms and Conditions of Contract.
The Foreign User's transactions are subject to the prohibitions and sanctions set forth in the Terms and Conditions of the Mercado Libre websites where they are carried out.
Mercado Libre may warn, suspend, restrict or temporarily or permanently disable the account of the Foreign User in all the websites, in case the Foreign User breaches a law, the Terms and Conditions and/or the particular rules of use of Mercado Libre's services.
- Personal Data
At Mercado Libre, we protect the privacy and personal data of all Users in accordance with the applicable personal data protection legislation.
If you are a Buyer and would like to know more about how we protect your personal data, please check out our Mercado Libre Privacy Statement.
Special considerations for Colombia
7.1. International Purchase
In compliance with the regulations in force in Colombia for operations of this nature, the International Purchase is subject to the contracting of the services of customs agents for shipments not exceeding USD 2,000 (two thousand dollars of the United States of America), in accordance with the provisions of Decree 1165 of 2019. For the foregoing, the Buyer hereby grants power to Mercado Libre and to POSTAL & PARCEL MAILAMERICAS INC S.A. and BRINGER S.A. so that the latter may appoint the customs agent and any other necessary steps for the nationalization and delivery of the goods subject of the International Purchase.
The Foreign User expressly and irrevocably authorizes Global Selling, LLC to act as a collection agent to receive the amount of the product sold in Colombian legal currency and then proceed to transfer it abroad.
7.3. Buyer's Representations and Obligations
The Buyer shall make an International Purchase of a good of foreign origin that will be legally imported into the country. The payment mechanism used (payment in Colombian pesos) is authorized in Article 70 of Resolution 1 of 2018 of the Board of Directors of Banco de la República regulated in point 3.1.1. of Chapter 3 of Circular DCIN 83 of the International Exchange Department of the same entity.
The Buyer is responsible for complying with the applicable exchange regulation, including ensuring that the payment is made from a financial institution qualified as an Exchange Market Intermediary and filing the exchange declaration for imports of goods (old form No. 1) with such entity.
If you have questions about which entities are qualified as Exchange Market Intermediary, you can check here.
The Buyer must keep the relevant information and the exchange statement for imports described in item viii for a term not less than five (5) years in case it is required by the National Tax and Customs Directorate and other exchange control authorities.