Marketplace terms and conditions Brazil

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.

Appendix

This appendix explains the rules for using the Marketplace for all Users, both those who sell (“Sellers”) and/or those who buy (“Buyers”).
Check the rules for using the Vehicle, Real Estate and Services Marketplace. 

1. Selling

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: 

  • Comply with the conditions of sale published on the website.
  • Issue the corresponding invoice or receipt, unless the Seller is an individual who makes occasional sales or is exempt from the obligation to issue invoices.
  • Ensure the right to cancel or revoke the purchase within the legal time frame.
  • Comply with all applicable legal guarantees,  as the case may be.
  • Accept product exchanges or returns under the Protected Purchase Program and Mercado Puntos benefits.
  • Pay the costs of cancellation, exchange or return of the products.
  • In the event of exchange or return of products, Mercado Libre may provide shipping labels to the Buyer and debit the respective costs from the Seller’s Mercado Pago account.
  • The Seller agrees to use only the payment methods that Mercado Libre provides in order to ensure the security of the transactions and the functioning of the protection programs.

b. Authorizations granted to Mercado Libre

Sellers grant Mercado Libre and its associated companies a free, non-time-restricted, international, non-exclusive license to all content included in their listings, such as trademark and trade names, images, text and any other distinctive element or sign identifying 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:

  • Use them on all Mercado Libre websites and in any means of communication, in order to classify products, identify offers and perform advertising and marketing actions.
    Create Catalog listings.
  • Authorize their use to third parties.
  • This authorization does not constitute the assignment of intellectual property rights that may exist over the Materials.
  • The Seller hereby declares that they have all necessary rights to authorize Mercado Libre for this purpose, that they are solely liable for any infringements of third party rights that use of the Materials may cause and that they undertake to hold Mercado Libre harmless from any claims they may be subject to from third parties arising from the use of these Materials.
  • Mercado Libre may, at its discretion, prioritize listings due to the geolocation of Buyers, as well as any other factors it deems relevant, in order to improve their shopping experience.

c. Official Stores and Catalogs

The Seller is subject to the specific rules that Mercado Libre establishes for Official Stores and Catalogs.

d. Fees and billing

In some cases in which they choose to do so, and to the extent that the sale is completed, Users shall pay a cost for the information technology services provided by Mercado Libre.
For these costs, please check our Fee Policy. 

e. Reputation

Each Seller has a Reputation System that is updated from time to time based on details arising from their activity on the website. 

This system will also have a space where Buyers can review Sellers and/or the product they purchased. Those reviews will be included under the sole liability of those who make them. Mercado Libre may edit and/or remove comments that are deemed inappropriate or offensive. 

2. Buying

The Buyer can find all the information the Seller provides with regard to the products they offer in their listing. The Buyer may also use the Questions and Answers section to ask questions about the product, its characteristics, shipping methods, etc. Mercado Libre recommends that the Buyer carefully read labels, warnings, instructions and warranty certificates before using or consuming any products.

The Buyer shall pay the price of the products, along with the shipping cost, when applicable, in order to receive the product. For all intents and purposes, the purchase and sale of products is only formalized after the product is posted by the Seller.

Upon completion of the transaction, the Buyer may leave a review about the product and/or Seller.
In the event of any issues, the Buyer may initiate a complaint against the Seller on the website within sixty (60) calendar days of the purchase. 

3. Prohibitions and sanctions

Users may not: 

a) Infringe any provisions of the Mercado Libre Terms and Conditions or applicable regulations.
b) Initiate any communication by means other than the messaging service offered by Mercado Libre (including e-mails, social networks, WhatsApp, etc.), during the time the product is offered and until expiration of the applicable term under the Protected Purchase program.
c) Use their reputation, qualifications or comments received on the Mercado Libre website in any venue outside Mercado Libre.
d) Cancel a percentage of orders greater than the allowed level.  

If any infringements are detected, and without derogating from the sanctions set forth in the General Terms and Conditions, Mercado Libre may suspend or remove the listings in question, and suspend or shut down the respective Users.

4. Liabilities

Mercado Libre provides Users with a virtual space that enables them to offer, sell and/or buy products and services. 

Sellers use Mercado Libre to list and define the conditions of their offers. 

Therefore, they will be liable for the existence, quality, quantity, legality, warranty, integrity and/or legitimacy of the products they offer, and they will move to exclude Mercado Libre from any administrative or judicial proceedings that may result from any offer or sale.

5. Brand Protection Program

Mercado Libre has a program called the Brand Protection Program (“BPP”), intended to assist intellectual property rights owners in exercising their rights in the Marketplace. 

Intellectual property owners and/or their representatives may join the BPP to report content that they allege infringes their rights. Learn more about the BPP. 

The Seller also agrees that they may receive reports from members of the BPP and that these reports may result in the removal of content (whether that is subject to the report or similar or related listings) and the application of sanctions on all their accounts on the platform. Learn more about our policies. The Seller also agrees that their details will be provided to members of the BPP.    

6. Appendices 

In addition to these Terms and Conditions, the following appendices may be useful:


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
Inspection of returns
Meli Live
Benefits for buyers
Terms and conditions for participation in the BPP

 

 

 

 

 

 

 

 

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