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.
• Provide the product's technical information and fill in the respective notification/communication/registration number with the competent authority, if applicable.
• Issue the corresponding invoice or receipt, in accordance with applicable tax legislation, 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 returns or exchanges through from the Protected Purchase Program and Mercado Puntos benefits.
• Pay the costs of cancellation, exchange or return of the products.

In the event of a product return or exchange or return of products, Mercado Libre may provide shipping labels to the Buyer and  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.

Mercado Libre may provide the Seller with tools for manual and/or automatic price management. By using these tools, the Seller acknowledges and accepts that Mercado Libre does not suggest, recommend or set prices, and the Seller is solely responsible for these actions.

The Seller acknowledges that they are solely and exclusively responsible for the tax and/or fiscal obligations that fall upon their activities, so that under no circumstances will Mercado Libre be liable for such obligations. The Seller must remain tax compliant in their activities, collaborate with the tax authorities in inspection procedures and issue invoices for their orders, unless not applicable according to the relevant legislation, which expressly exempts them.

If the Seller doesn't comply with their tax obligations, whether principal or ancillary, they may have their account suspended or shutdown from the marketplace, without prejudice to the charge of any losses and damages borne by Mercado Libre as a result of this non-compliance, and must also refund any amounts paid by Mercado Libre as a result of the Seller's actions or omissions, in disagreement with current legislation.

The Seller authorizes Mercado Pago to debit and withhold, from their Mercado Pago account money (“Payment Account”), any amounts due as a result of taxes and sanctions arising from their activities in the Marketplace, as well as costs incurred for their defense, which may be charged to Mercado Libre and/or in the event of a breach of the legislation and/or the general Terms and Conditions of use of the website.

In order for Mercado Libre to debit and withhold the amounts, the Seller must maintain a sufficient balance in their Mercado Pago account.

The Seller agrees to provide Mercado Libre with all the information that may be requested for periodic checks, as well as to provide all the documentation that Mercado Libre deems pertinent related to the sale of products on the Platform. 

For cases of possible indemnification or refund, the Seller declares to be aware that Mercado Libre may, at its discretion, request additional documents and/or proofs, such as and as the case may be, but not limited to: IMEI code of electronic devices; invoice of purchase of the products; EAN code; invoice of sale of the products, product homologation code at the regulatory authority, among others. The Seller agrees that compensation or refund is limited to the price and quantity of the products indicated on the invoice, and that Mercado Libre shall not be liable for any loss of profits, direct or indirect losses.  

The Seller is aware that denial of clarification, refusal or late submission of the information and/or proof requested by Mercado Libre may render the indemnification or refund procedures unfeasible. Likewise, Mercado Libre may refuse to accept invoices that have been canceled or issued after the shipment.

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.

f. Additional obligations

In order to verify if Marketplace Buyers have an excellent shopping experience, with a wide range of quality products at competitive prices, Mercado Libre will periodically review the offer of Sellers who have a relevant presence in the local market and/or are owners or licensees of nationally and/or internationally recognized brands.

In order to safeguard the Buyers' experience and the Marketplace's success in democratizing commerce, if we identify that they are offering a poor shopping experience, a very limited product offer and/or prices that are not sufficiently competitive in relation to other comparable sales channels by product type or category (for example, our own websites, social networks, physical stores and other online platforms), Mercado Libre may adjust this offer and price gap.

In this case, we will give the Sellers a deadline to adjust these deficiencies directly and, in addition, we will offer them the possibility of becoming our Suppliers so that they can offer us directly the widest range of products that allow them to be resold to the public at competitive prices. If the Seller doesn't accept this possibility and their offer remains deficient, we may cancel their account and/or disable the features that are exclusively intended to highlight sellers who offer the best shopping experience to Users (e.g. Official Stores, Brand Stores).

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. 

Some questions from Buyers may be answered automatically by a tool based on artificial intelligence (AI) in order to improve the User experience and quickly provide available information to Buyers. The answers generated by the AI will be based on the content included in the product listings (title, product specification sheet, description, among others) and the answers to questions that Sellers have previously received, and may vary in accuracy and relevance.

As AI is a constantly evolving technology, it is not possible to ensure that the results provided will always be correct or appropriate. Users must use their own judgment and discretion when interpreting and using the answers generated by AI. Mercado Libre recommends that the Buyer carefully read labels, warnings, instructions and warranty certificates before using or consuming any products.

On the other hand, the Buyer shall pay the price of the products and the shipping is subject to the Shipping Discounts, Free Shipping and Cart rules. All of this will be indicated in the purchase flow that starts after clicking on the “Buy” button, ending with a confirmation notice.

Upon completion of the transaction, the Buyer should receive the product, with the possibility  of leaving their review about the product and/or Seller. Check our rules to leave reviews.

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.
The shipping cost will depend on the distance between the place where the products are to be shipped from and the Buyers' location.

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.

Mercado Libre is not responsible for any personal data that may have been entered on electronic products purchased and returned for any reason, and disclaims any responsibility for managing this data. Buyers are solely responsible for removing this data when returning the product.

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 for International Purchases
Terms and conditions for participation in the BPP