Marketplace Terms and Conditions- Mexico
What the Marketplace is
It is the Mercado Libre e-commerce platform where Users can sell and purchase products using several payment and shipping solutions.
This appendix explains the Marketplace usage rules for all Users, whether they are selling (hereinafter, "Sellers") and/or buying (hereinafter, "Buyers").
a. Obligations of the Seller
In order to sell a product in the Marketplace it is necessary that the Seller complies with all the requirements and permits required by law.
The Seller’s listing must follow our Listing and Prohibited Items Policy.
With respect to each Buyer, the Seller agrees to:
- 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.
- Respect the applicable legal guarantees, as the case may be.
- Accept product exchanges or returns from the Protected Purchase Program and Mercado Puntos benefits.
- Assume the costs of the revocation, exchange or return of the products.
- In the event of the exchange or return of the product, Mercado Libre may make shipping labels available to the Buyer 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.
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, brands, images, texts, and any other distinctive elements or signs that identify the Seller or the products or services listed on the Marketplace (“Materials”).
In particular, Mercado Libre may use, publish, reproduce, make available, translate and edit the Materials to:
- 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.
- 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 infringement 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.
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.
The Buyer may find in the listing all the information that the Seller provides related to the product to be offered. They may also use the Q&A section to resolve any questions regarding the product, its features, delivery methods, etc. Mercado Libre recommends that the Buyer carefully read labels, warnings, instructions and warranty certificates before using or consuming the product.
The Buyer agrees to pay the price of the product, along with the shipping cost when applicable, and to receive the product. 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 an opinion about the product and/or the Seller.
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.
Mercado Libre provides a virtual space that allows Users to offer, sell and/or buy goods.
Sellers use Mercado Libre to create listings and to establish 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 respondent 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.
In addition to these Terms and Conditions, you may find the following helpful:
Vendor Center Terms and Conditions
Terms and Conditions of the MercadoLideres Program
Terms and Conditions of the Mercado Libre Solidary Program
Mercado Ads Terms and Conditions of Engagement
Terms and Conditions of International Purchase
Mercado Libre Gift Card Terms and Conditions
Referral Program Terms and Conditions