Marketplace Terms and Conditions- Chile
Marketplace
What is the Marketplace?
Marketplace is the Mercado Libre e-commerce platform where Users can sell and buy products using different payment and shipping solutions. Mercado Libre is an internet service provider that serves as the Operator of the Platform hosted at the URL mercadolibre.cl, which manages that marketplace.
Appendix
This appendix explains the Marketplace usage rules for all Users, whether they are selling (hereinafter, "Sellers") and/or buying (hereinafter, "Buyers").
1. Seller
a. Seller’s obligations
To sell products on the Marketplace, Sellers must comply with all requirements and permissions required by law.
Seller's listings must comply with our Listing Policies and Prohibited Items Policy.
With regard to each Buyer, the Seller is required to:
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- Comply with the selling conditions published on the Website.
- Issue the corresponding invoice or ticket, unless the Seller is an individual who makes occasional sales or is exempt from the obligation to issue invoices.
- Guarantee the right to cancel or revoke the purchase within the legal time frame.
- Comply with the applicable legal guarantees, as the case may be.
- Accept product returns or exchanges through the Protected Purchase Program and Mercado Puntos benefits.
- Assume the costs of the revocation or return of the products.
In the event of a product return or exchange, Mercado Libre may make available to the Buyer the method it deems most appropriate to facilitate the shipment, and will debit the corresponding cost from the Seller's Mercado Pago account The Seller agrees to use only the payment methods that Mercado Libre makes available to them to ensure the security of the transactions and the functioning of the protection programs.
Mercado Libre may provide the Seller with tools for manual and/or automatic price management. By using these tools, the Seller acknowledges and agrees that Mercado Libre does not suggest, recommend, or set prices, and the Seller is solely responsible for them.
b. Authorizations granted to Mercado Libre
The Seller grants Mercado Libre and its related companies a free, unlimited, international, non-exclusive license to all content included in their listings, such as trade names, trademarks, images, texts, and any other distinctive elements or signs that identify the Seller or the products or services listed on the Marketplace (“Materials”).
Specifically, Mercado Libre may use, publish, reproduce, make available, translate and edit the Materials in order to:
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- Use them on all Mercado Libre websites and any communication means for the purpose of product classification, identifying offers, and marketing and advertising activities.
- Create Catalog listings.
- Authorize its use by third parties.
- Make edits, including the use of artificial intelligence (e.g. for video translation).
This authorization does not imply the assignment of any intellectual property rights that may exist for the Materials.
The Seller states that they have all rights necessary to authorize Mercado Libre for such purpose, that they are solely responsible for any infringements of third party rights that the use of the Materials may cause, and that they agree to release Mercado Libre from any complaint that they may receive from third parties arising from the use of that Material.
c. Official Stores and Catalog
The Seller is subject to the specific rules established by Mercado Libre for the Official Stores and Catalog.
d. Fees and Billing
In some cases in which they choose to do so, Users must pay a cost for the IT services provided by Mercado Libre.
For these costs, please check our Fee Policy.
d. Reputation
Each Seller has a Reputation System that is updated periodically based on details arising from their activity on the Website.
This system will also have a space where the Buyers can review the Seller and/or the product purchased. Such comments shall be included at the sole liability of the issuer. Mercado Libre may edit and/or remove comments that are deemed inappropriate or offensive.
f. Additional obligations
In order to ensure that Marketplace Buyers have an excellent shopping experience with a wide range of quality products at competitive prices, Mercado Libre will periodically review the offers of Sellers who have a significant presence in the local market and/or are holders or licensees of nationally and/or internationally recognized brands. To protect the Buyer's experience and the Marketplace's success in democratizing commerce, if we identify that Sellers are providing a subpar shopping experience, a limited range of products, and/or prices that are not competitive enough compared to other similar sales channels by type or product category (such as their own websites, social networks, physical stores, and other online platforms), Mercado Libre reserves the right to address these gaps in offers and prices.In such instances, we may set a deadline for Sellers to address these deficiencies directly. Additionally, we may offer them the opportunity to become our Suppliers and provide a wide range of products directly for resale to the public at competitive prices. If the Seller declines this option and their offers remain inadequate, we reserve the right to shut down their account and/or revoke features meant to highlight sellers who provide the best user shopping experience (e.g., Official Stores, Brand Stores).
2. Purchasing
The Buyer may find in the listing all the information that the Seller provides in relation to the product offered. They may also use the Q&A section to resolve any questions regarding the product, its features, shipping methods, etc.
The Buyer undertakes to pay the price of the product along with the shipping cost, which is subject to the rules regarding Discounts on Envios, Free Shipping, and Carts. All of this will be indicated in the purchase process, which will begin by clicking the “Buy” button and end with the purchase confirmation notice.
Once the transaction has been completed, the Buyer may leave a review about the product and/or the Seller. Learn about our rules for submitting reviews.
In the event of any inconvenience, the Buyer may initiate a complaint on the Website against the Seller within sixty (60) calendar days of the purchase.
3. Prohibitions and Sanctions
Users must not:
a) Fail to comply with any provision of the Mercado Libre Terms and Conditions or applicable regulations.
b) Carry out any type of communication by means other than the messaging service offered by Mercado Libre (including emails, social networks, WhatsApp, etc.) either during the offer of the good or prior to the expiration of the applicable time frame for Protected Purchase.
c) Use their reputation, ratings or comments received on the Mercado Libre website in any setting outside of Mercado Libre.
d) Cancel a higher sales percentage than allowed.
If any infringement is detected, and without prejudice to the sanctions provided in the General Terms and Conditions, Mercado Libre may suspend or remove the listings in question, and/or suspend or shut down the Users.
4. Liability
Mercado Libre, in its role as the Operator of the Platform hosted at the URL mercadolibre.cl, provides Users with a virtual space that allows them to offer, sell, and/or buy goods.
The Sellers use Mercado Libre to list and set the conditions of their offer.
Therefore, they will be responsible for the existence, quality, quantity, regularity, guarantee, integrity and/or legitimacy of the products they offer, and will hold Mercado Libre harmless for any administrative or judicial action that may arise as a result of an offer or order.
5. Brand Protection Program
Mercado Libre has a program called the Brand Protection Program (hereinafter, "BPP”) intended to assist intellectual property rights owners in exercising their rights in the Marketplace.
Intellectual Property owners and/or their attorneys-in-fact may enroll in the BPP in order to report content allegedly infringing their rights. Learn more about BPP.
The Seller further agrees that they may receive reports from BPP members and that such reports may result in the removal of content (whether the reported or similar or related listings) and the application of sanctions to all of their accounts on the platform. Learn more about our policies. The Seller also consents to their details being provided to BPP members.
6. Appendices
In addition to these Terms and Conditions, you may find the following helpful articles:
- Protected Purchase
- Terms and Conditions of the Vendor Center
- Terms and Conditions of the MercadoLider Program
- Terms and Conditions of the Mercado Libre's Solidary Program
- Terms and Conditions of Engagement for Mercado Ads
- Terms and Conditions for International Purchases
- Return inspection policy
- Benefits for buyers
- Terms and conditions for participation in the BPP
- Terms and Conditions for the use of Artificial Intelligence