Mercado Envios Full Terms and Conditions- Colombia

Last Modified: 06/02/2022

Mercado Envios Full Terms and Conditions (the “Mercado Envios Full Terms and Conditions”) are an integral part of Mercado Envios General Terms and Conditions and Mercado Libre General Terms and Conditions. Mercado Envios Full Service is additional, optional and complementary to Mercado Envios service and which requires and implies acceptance and compliance with its terms and conditions and all other policies and principles incorporated therein by reference.

These Mercado Envios Full Terms and Conditions set out the rules for the use of the service offered by Mercado Libre Colombia LTDA. (“Mercado Libre”) for temporary safeguarding, order processing and order preparation (the “Mercado Envios Full Service”) for certain goods owned by Sellers (the “Goods”) that such users intend to offer through the website, applications and other e-commerce platforms operated by (or using the technology of) Mercado Libre Colombia LTDA. and/or its related companies (collectively, the “Website”).

1. Scope of Mercado Envios Full Service

Mercado Envios Full Service includes receipt, classification, temporary safeguarding, collection, packaging, outer packaging (as applicable), labeling and order preparation for Goods received at the distribution center (as defined below), all of this in accordance with the information provided by the Sellers; and the delivery of such Goods to third party carriers and/or postal services companies (the “Parcel and Shipping Companies”) within the framework of Mercado Envios Service, for delivery to the final recipient (Buyer through the Website).

Mercado Envios Full services shall under no concept or circumstance be interpreted as the renting of store spaces or as the provisioning of shipping, carrier, warehousing services, or any other similar or analogous concept, since it is an atypical solution developed by Mercado Libre for the benefit of the Sellers as an add-on and in addition to the activities carried out by said Sellers on the Website.

2. Operation of Mercado Envios Full Service

2.a. Access to Mercado Envios Full Service

Access to Mercado Envios Full Service requires the Seller to request it from Mercado Libre, and that Mercado Libre accepts such request.

Mercado Libre reserves the right to reject a request for Mercado Envios Full Service or to cancel or suspend at any time, without the need for notice, with or without cause, temporarily or definitively, the provisioning of Mercado Envios Full Services, without such decision generating indemnity or compensation rights for the User.

The use of Mercado Envios Full Service by the Seller requires the use of Mercado Envios Service for the delivery of the Goods to the Buyer once said Goods have been sold.

2.b. Delivery of Goods

2.b.1. Location for delivery

The Seller must deliver the Goods subject to Mercado Envios Full Service to the location indicated by Mercado Libre (the “Distribution Center”).

2.b.2. Distribution Center Use Limitation

The Seller may not use the address of the Distribution Center for purposes of receiving any type of correspondence or carriers other than those corresponding to Mercado Envios Full Service. The Seller will not have access to the Distribution Center, so they will not be able to use the Distribution Center to perform tasks on their Goods (for example: labeling, preparing kits, separating, packaging).

2.b.3. Goods eligible for Mercado Envios Full Service

Mercado Libre will only receive the Goods (i) for which the Seller has requested Mercado Envios Full Service, (ii) in the quantities in which Mercado Libre has previously confirmed the availability of space, (iii) that are delivered on the day and time agreed to with Mercado Libre, and (iv) provided that such Goods meet all the requirements provided for in these Mercado Envios Full Terms and Conditions.

2.c. Requirements for Goods to be received at the Distribution Center

2.c.1. Requirements for the Goods

- Have the following labels provided by Mercado Libre affixed through the system: (i) label with “Meli SKU” number on the packaging of the Good (individual box) and (ii) label with the “Inbound Shipment” number on the volume packaging containing the Good (“master” box).

1. Be included in the entry authorization into the Distribution Center. 
2. Be Goods for which sale and storage are not prohibited by applicable laws and/or the General Terms and Conditions of the Website and for which shipping is not prohibited in accordance with Mercado Envios Service Terms and Conditions.
3. Be authentic and not infringe any intellectual property rights. 
4. Be listed for sale on the Website on a paid basis (not applicable for free listings).
5. Comply with all the marketing requirements, with any necessary permits or authorizations.
6. Do not require any special handling for their safekeeping.
7. Do not be potentially hazardous goods for handling, storage and/or shipping.
8. Comply with the maximum dimensions, weight and quantities indicated by Mercado Libre. 
9. Be a Good which is owned by the Seller and for which that Seller has the full right of disposal.
10. Be new.
11. Be in perfect condition (have not suffered any kind of damage).
12. Be properly packaged with its own original box or packaging (as listed on the Website, and in suitable protective conditions for shipping to the Distribution Center).
13. Have all applicable taxes paid.
14. If they are goods of foreign origin, be duly imported (import procedures concluded and taxes and duties paid) and comply with all the rules for selling the Good in the Republic of Colombia (for example: metrology standards, safety, environmental, consumer protection, etc.).
15. If these goods are perishable, have a minimum remaining expiration date of 90 (ninety) days from their entry into the Distribution Center, unless Mercado Libre expressly authorizes a shorter term by virtue of the nature of the Good. Mercado Libre may reject the entry of Goods that do not satisfy the remaining expiration date requirement.
16. Be in perfect condition (including without limitation, not having suffered any type of damage) and be suitable for safe storage and marketing (including without limitation, not being expired or contaminated with pests or fungi, among other concepts), at the discretion of Mercado Libre, which may request the receipt of the certificates or documentation that it deems necessary.
17. Indicate the batch number for goods that require it under express regulations.

2.c.2. Detection of Restricted Goods

Mercado Libre shall not at any time be liable to any authority or to any third party for the shipment of Goods, by the Seller, that are prohibited under the law, these Mercado Envios Full Terms and Conditions, and/or Mercado Envios Terms and Conditions and/or any terms and conditions and/or the policies of the Website. Nor shall Mercado Libre be responsible for the shipment of Goods by the Seller with respect to which Mercado Libre has expressed to the Seller that it will not provide the Services.

In the event that, at any time, a package is detected in a Distribution Center that poses danger to the provisioning of Mercado Envios Full Service or which could in any way compromise Mercado Libre, in the judgment of Mercado Libre, and without such decision being questionable by the Seller, said package will not be delivered to the Buyer. Mercado Libre may deliver the affected package to the corresponding authority or destroy it, without any liability for Mercado Libre to the Seller or any third party in good faith. All of this without the need for prior notification, order, or any type of authorization, from the Seller, nor their express consent 

Notwithstanding the foregoing, the Seller is obligated to comply with the payment of Mercado Envios Full Service that they have used. 
In the event of any inquiry, inspection and/or investigation by the authority, the Seller and/or any other entity with legitimate interest shall provide all the information, cooperation and support that the corresponding authorities request. 

2.c.3. Information and Documentation

2.c.3.1. Information 
The Seller agrees to inform Mercado Libre about the specifications, care measures and, in general, specific characteristics of the Goods that may in any way affect (positively or negatively) the provisioning of Mercado Envios Full Services. As examples and without limitation, the Seller must inform Mercado Libre about: 

1. Any situation that implies technical limitations with respect to Mercado Envios Full Services and/or Goods, especially those related to the shipping, handling and risk of deterioration of the Goods.
2. Any legal or administrative provision that affects the Goods, including those that affect their handling and any limitation or specific circumstance related to the safeguarding, handling, shipping and risk of deterioration of the Goods, providing, as applicable, guidelines and safety sheets if necessary.
3. Any technical problem with the packaging of the Goods, oversize items or any other issue that may make it difficult to handle, safeguard and transport them.
As applicable, the Seller and Mercado Libre must agree on the provisioning of accessory services with respect to any Good that may be subject to specific management and regulation measures, including - without limitation - Goods subject to environmental restrictions, recognizing and accepting that the handling of these Goods may be subject to additional costs or considerations.
At all times, Mercado Libre reserves the right to reject the provisioning of Mercado Envios Full Services, in the event that the technical conditions, specific regulations or environmental restrictions affect the handling of the Goods or the operation of Mercado Libre in any way (for example, increasing costs), the foregoing at the discretion and/or unilateral determination of Mercado Libre, without such decision being questioned and/or objected to by the Seller.

2.c.3.2 Documentation 
During the provisioning of Mercado Envios Full Services, certain documentation and information of various types will be issued by the Seller and delivered to Mercado Libre. Said documentation will be a necessary condition for the provisioning of Mercado Envios Full Services during the normal course of the transaction.
The Seller must have all the necessary information and documentation that supports the conditions provided for in these Mercado Envios Full Terms and Conditions and must submit it to Mercado Libre at the time of delivery of the Good and/or at any other time that Mercado Libre requires it. 
Without this implying any limitation, the Seller must document for the benefit of Mercado Libre 

(i) for all Goods: 

1. documentation supporting the legitimate ownership and right of disposal of the Goods, 
2. documentation supporting the transfer, delivery and storage of the Goods, in accordance with applicable regulations and the requirements of the corresponding authorities,
3. When the shipping of the Goods refer to food and beverage - alcoholic and non-alcoholic - and/or products with regulated content, have the documentation for the Shipping thereof in accordance with the applicable regulations whether these are national, regional and/or municipal,
(ii) in case of Goods of foreign origin:
the corresponding invoices and/or customs declarations/permissions and/or packing lists and/or certificates of origin and/or bills of lading and/or tax receipts, as well as any other documentation that Mercado Libre deems necessary for the legal entry of the Goods into the Republic of Colombia to be validated.
In addition or, alternatively, at the discretion of Mercado Libre, the Seller must deliver a letter of responsibility regarding the ownership of said Goods. Otherwise, Mercado Libre may refuse to provide Mercado Envios Full Services without any liability whatsoever. In the event that the lack of such documents results in any contingency, then the Seller must carry out, at its exclusive cost and expense, the procedures necessary to resolve the problem and, as applicable, release the Goods and the material and human elements used for the provisioning of Mercado Envios Full Services that are affected.
The Seller shall be responsible for declaring and verifying the corresponding authorities and/or any person with a legitimate interest to complain, with respect to the ownership and any other right to said Goods using the documentation applicable. At no time and under no circumstances shall Mercado Libre be liable for incorrect statements in the documents issued by the Seller. 

2.c.3.3 Consequences of Breach

If Mercado Libre detects a breach of any of the Seller’s obligations mentioned in this section or in any other section of these Mercado Envios Full Terms and Conditions, it may, at its sole discretion, (i) require the Seller to remedy the breach immediately or, (ii) require the Seller to pick up the Good from the Distribution Center immediately at its own expense. If the Seller does not respond to the notification sent by Mercado Libre within the requested time frames and manner, Mercado Libre may pause or cancel the listing/s affected and/or disable the account of the Seller and/or dispose of the Good at its sole discretion, including its destruction at the cost and risk of the Seller. 
 
In the case of perishable Goods infringing the provisions of Article 2.c.1.15 of these Mercado Envios Full Terms and Conditions, the Seller acknowledges and agrees that Mercado Libre may dispose of the affected Good without the need for prior notification and without this generating the right to any complaint or compensation in favor of the Seller.

The Seller shall be responsible for any damage or harm that its breach generates with respect to Mercado Libre and shall hold Mercado Libre harmless for any complaint it receives in relation a breach by the Seller. 

2.d. Tasks included in Mercado Envios Full Service

2.d.1. Receipt and temporary safekeeping of the Good

Mercado Libre will temporarily receive and safeguard the Good from the time of delivery by the Seller until the time of delivery of the Good to a Parcel and Shipping Company due to the sale thereof or to the Seller or person designated by the latter, in exceptional cases mentioned in these Mercado Envios Full Terms and Conditions. 
The Seller acknowledges and agrees that the process of receiving Goods entering the Distribution Center may cause listings of those Goods to pause until such process is complete. This cannot be considered a source of any complaint by the Seller. 

In addition, the receipt could be affected by processing difficulties due to, for example, lack of labeling or insufficient labeling that complicates its reading, differences between declared and received Goods, among other concepts. This could cause delays in the completion of the receipt and storage process, resulting in delays in the availability of the Good to be sold. 

The Seller acknowledges and agrees that if the expiration date of the Goods is within 90 (ninety) days or the shortest term expressly authorized by Mercado Libre upon its entry into the Distribution Center, Mercado Libre may reject its entry and notify the Seller of the immediate pickup thereof, under the warning of proceeding with its destruction or donation at the Seller's expense and order, without this generating any liability for Mercado Libre. If the Goods enter the Distribution Center having already expired and/or are not in conditions suitable for safe storage and marketing (including, without limitation, expired products contaminated with pests or fungi, among other circumstances), Mercado Libre will inform the Seller of such situation and may proceed with their immediate destruction, without the need to notify the Seller for their pickup, without this generating any liability for Mercado Libre. If the Goods stored in the Distribution Center show signs of contamination (including, without limitation, the presence of pests or fungi) within 30 (thirty) days of their entry, Mercado Libre will proceed with their immediate destruction, without the need to notify the Seller for their pickup and without this generating the obligation to indemnify the Seller for any reason. If the signs of contamination of the Goods manifest subsequent to 30 (thirty) days having elapsed after their entry to the Distribution Center, Mercado Libre will proceed with the immediate destruction of the Goods without the need to notify the Seller for their pickup, and will respond to the Seller in accordance with the terms of Mercado Envios Full Protection Program (FPP).

Additionally, in the event of detecting a contaminated or expired Perishable Good stored in the Distribution Center, in addition to proceeding with its immediate destruction, Mercado Libre may request the Seller to pick up all or some of the products belonging to the same batch and/or that have entered the Distribution Center together with the contaminated or expired Good from the Distribution Center, within a maximum period of 7 (seven) calendar days. When that period of time elapses, if the Seller did not show up to pick up the Goods without justified cause, Mercado Libre may proceed with the immediate destruction and/or donation of the Goods at the Seller’s expense.

The Seller will be responsible for tracking the remaining expiration periods for the Perishable Goods that they own that are stored in the Distribution Center. The Seller acknowledges and agrees that, if the Perishable Goods are not sold or picked up prior to the remaining days until expiration reaches 30 (thirty) days, then Mercado Libre may, at its sole discretion and without incurring any liability, proceed with their immediate destruction or donation at the Seller's expense and order.
The Seller is responsible for following up on the process and contacting Mercado Libre with an warning in case of delays exceeding 3 (three) calendar days as from the time that their carrier has informed them that it delivered the Goods to the Distribution Center. Then they will need to follow Mercado Libre instructions to resolve any issues that have arisen. The Seller acknowledges and agrees that, after 20 (twenty) calendar days have elapsed following the date of receipt of their Goods, they may not complain to Mercado Libre about differences or shortages of products not entered into their stock for sale.
If Mercado Libre detects that a Good is damaged, that it has shortages of any kind and/or does not comply with the requirements provided for in Section 2.c.1., then it will not proceed with the process of receiving it. The Seller must follow the guidelines provided for in the previous paragraph and must pick up the Goods from the Distribution Center for which the provisions of Section 2.d.7 shall govern.

2.d.2. Secondary Packaging (Outside)

Mercado Libre will put the Good with its own packaging in a courier bag or box (if applicable).
Without prejudice to this, the Seller is responsible for the proper and sufficient packaging of the Goods to protect them in the handling and shipping process for these Goods, and acknowledges and agrees that any damage or harm related to a breach of this obligation makes them exclusively liable to Mercado Libre and to any third party, with them holding Mercado Libre harmless from any complaint and/or damage it may suffer in relation to an inadequate or insufficient packaging of the Good itself. 

Consequently, the Seller acknowledges and agrees that the packaging that may be added in certain cases to Mercado Libre is solely for aesthetic effect for an improved presentation of the Good. 

2.d.3. Order Processing – Pick & Pack, and Order Preparation

Mercado Libre will process the orders it receives for Goods sold through the Website. For these purposes, it will take the Good from the place where it was inside the Distribution Center and prepare it for shipping with the limitations mentioned in point 2.d.2.

2.d.4. Preparation and Placement of a Label for Shipment

Mercado Libre will prepare and place on the outer packaging of the Good the corresponding label for the shipment thereof to its final destination, according to the information it receives from the sale. For this purpose, Mercado Libre shall be limited to automatically replicate, without any intervention or modification, on said label, the information (identification, addresses, etc.) that the same Seller and Buyers have previously indicated (only by way of example, when carrying out the sale transaction in question, in the Personal Details section of their account, etc.).

2.d.5. Delivery of the good to the Parcel and Shipping Companies

Mercado Libre will deliver the Goods to the Parcel and Shipping Companies for shipment to the final destination in accordance with Mercado Envios Service Terms and Conditions.

2.d.6. Return of the Goods to the Distribution Center, if they cannot be delivered to the Buyer

If the Good cannot be delivered to the Buyer, then the corresponding Delivery Company will return the Good to the Distribution Center and Mercado Libre will receive it.
Mercado Libre will not receive, under any circumstances, at the Distribution Center, Goods returned by the Buyer to the Seller for any reason. Such Goods must be received by the Seller.

2.d.7. Pickup or Disposal of Goods

(a) Request for pickup of the Goods

The pickup of the Goods may be requested by the Seller or by Mercado Libre at any time; with the exception of perishable Goods in conditions not suitable for storage and/or sale (including without limitation, expired products and/or products contaminated with pests or fungi), which will be destroyed by Mercado Libre immediately without the need to notify the Seller of their pickup and without incurring any liability, without prejudice to the provisions of Article 2.d.1. of these Mercado Envios Full Terms and Conditions.
In certain cases, Mercado Libre may decide, at its sole discretion, to generate the order for the pickup of the Goods and the Seller accepts that Mercado Libre will deliver them to the Carriers, for their return to the Seller’s home free of charge. 
The request for pickup of each Good may be subject to costs.
(b) Procedure for the pickup of the Goods
In order to carry out the pickup of its Goods, the Seller must schedule a date and time through the system that Mercado Libre enables for this purpose. 
If the pickup is requested by Mercado Libre, it will inform the Seller of the maximum period within which they must schedule the pickup of the Goods; or the day and time on which they will be available for the Seller to receive and withdraw them.
In cases where the option of pickup at home is available, it will be subject to costs, which will be reported to the Seller at the time of scheduling the pickup. 
(c) Penalties for not showing up on the date for pickup
If the Seller does not show up on the day and time scheduled for the pickup, Mercado Libre may apply fines that will be considered in addition to any damage that Mercado Libre may complain.
(d) Waiver of Goods by decision of the Seller  
The Seller may inform Mercado Libre that it will not pick up the Goods and expressly authorize Mercado Libre to discard them immediately, being able to consider at its discretion that the Seller has transferred all the rights of the Good to it and/or that it has granted it a mandate and has been instructed to donate it at the Seller's expense and order the Goods to a non-profit institution or deliver them to the corresponding authority as a lost item, or destroy or recycle it at the cost and responsibility of the Seller, all of this at the discretion of Mercado Libre. 

In addition, when a Good is in a state of “not fit”, “unidentifiable”, “damaged at entry” for sale for a period of more than 20 (twenty) calendar days without the Seller generating a pickup request, Mercado Libre shall consider that the Seller does not wish to pick them up and may proceed with its immediate disposal, as described in the previous paragraph. 

This process will not be reversible and may be subject to costs that will be reported to the Seller at the time of confirming its disposal. 

(e) Disposal of Goods not picked up

After 7 (seven) calendar days have elapsed following the day and time scheduled for the pickup of the Goods by the Seller, or the maximum term indicated by Mercado Libre for the Seller to schedule the pickup of the Goods, without this happening, Mercado Libre may consider (a) that it has been transferred all rights on the Goods not picked up and/or (b) that it has been granted a mandate and has been instructed to (i) donate the Goods at the Seller's expense and order to any non-profit institution (ii) or deliver them to the corresponding authority as a lost item, (iii) or destroy or recycle it at the cost and responsibility of the Seller, or (iv) based on objective criteria, include them in settlement or discount campaigns, considering that Mercado Envios Full Services are not for leasing spaces, deposit, or similar, and that the space of the Distribution Center is limited; all of this at the discretion of Mercado Libre.

(f) Requests by the Seller for pickup of Goods

Upon receipt of the Goods by the Seller, either by their pickup or receipt of the Goods at their home, they shall have a period of 7 (seven) calendar days from the time the Goods are in the possession of the Seller to notify Mercado Libre of any problem, damage, malfunction, quantitative or qualitative deficiency or difference in Goods received through the Help Portal of their Mercado Libre account, and must provide all documentation (including photos and/or videos) that serves as evidence of their complaint so that Mercado Libre can analyze it and inform them whether or not their complaint is validated. After said period, it shall be understood that the Seller received all the Goods picked up or received in good condition.

2.d.8. Extended Storage Fees

Mercado Libre may apply additional monthly fees to the Seller if the Good has remained in the Distribution Center for more than 3 (three) months from its receipt.

2.d.9. Event Fees

Mercado Libre may charge the Seller certain fees for: (i) not showing up to put their Goods at the Distribution Center on the scheduled date and time (“no show”); (ii) canceling an entry schedule for their Goods without reasonable advance notice as determined by Mercado Libre; and (iii) quantitative and/or qualitative differences between the Goods that the Seller declared included in an entry schedule to the Distribution Center and the Goods actually received in the Distribution Center by Mercado Libre.

3. Price

Mercado Envios Full Service prices, including the long-term storage fees in Article 2.d.8. and the event fees in Article 2.d.9., will be listed on the Website and/or Mercado Envios Full home page.

The prices may be modified by Mercado Envios at any time. The Seller agrees that the listing on the Website and/or on Mercado Envios Full homepage is sufficient notice for this purpose, provided that it is made at least 10 (ten) days in advance.

4. Term of Validity

The use of Mercado Envios Full Service implies acceptance of these Mercado Envios Full Terms and Conditions with no defined term and until termination as set forth below. 

5. Termination

Mercado Libre and the Seller may terminate Mercado Envios Full Service at any time without providing any reason, which will result in the return of the Goods to the Seller, but will not suspend the fulfillment of all open orders, with the parties having to comply with their outstanding obligations as of the time of termination. To terminate the Service, it is necessary that the Seller does not have debts with Mercado Libre or with any third party related to Mercado Libre (including, without limitation, Mercado Libre Colombia LTDA.).

In furtherance of this, (i) the Seller must notify their desire to terminate the contractual relationship and to pick up all of their Goods from the Distribution Center by means of a formal request using their Mercado Libre account, through the Help Portal at least 4 (four) days in advance, (ii) Mercado Libre must provide notification regarding its desire to terminate the provisioning of Mercado Envios Full Service by sending a notification to the Seller on the Website at least 4 (four) days in advance.
Cancellation of the Seller’s account for the website results in termination of Mercado Envios Full Service. Therefore, in order to cancel their account, they must first pick up all their stock from the Distribution Center. 

If the Seller cancels their account without picking up the stock, then they will transfer all the rights on the Goods not picked up to Mercado Libre. After the termination of their account, the Seller will no longer be able to pick up the Goods.
The Seller acknowledges and agrees that they must pay the corresponding fees until the day of effective pickup of the Goods or the termination of their account, if they have decided not to pick them up.

Also, Mercado Libre will be able to, if the Seller breaches the conditions of these Mercado Envios Full Terms and Conditions, or Mercado Envios Terms and Conditions and/or any other conditions or policies included by way of reference or applicable law, suspend or terminate the provisioning of Mercado Envios Full Service without any prior notice and without any liability for Mercado Libre to the Seller for such termination, with Mercado Libre reserving the right to complain about the damages that such breach has caused.

If it is Mercado Libre that wishes to terminate Mercado Envios Full Services, then no request from the Seller will be required for making the Goods available. 

6. Liability

The Seller is solely and exclusively responsible for the Goods, and also guarantees the ownership, legitimacy to sell, truthfulness, accuracy, and authenticity of the information and documentation they provide to any interested party about them. Thus, the Seller warrants and guarantees that the Goods comply with all the provisions of these Mercado Envios Full Terms and Conditions and other applicable terms and conditions and agrees to keep Mercado Libre, its related companies, and their respective officers, employees, shareholders and agents, as well as other users, indemnified and harmless with respect to and against any and all complaints (administrative, court or other) from any third party (including, without limitation, to any action, loss, damage or liability of third parties arising under any law, decree, resolution, provision either nationally, local or other and expenses, including, without limiting reasonable attorneys’ fees and costs), arising out of or in connection with any act or omission of the Seller (or any person or entity acting on behalf of the Seller) in connection with Mercado Envios Full Service.

Additionally, the Seller assumes the extraordinary expenses, expenditures or costs that must be incurred by Mercado Libre under the conditions of the Goods or the use of Mercado Envios Full Service with respect to products prohibited by these Mercado Envios Full Terms and Conditions or by Mercado Envios Terms and Conditions.
The Seller acknowledges and agrees that Mercado Libre may subcontract with a third party all or a portion of the services provided under Mercado Envios Full Service.
The Seller acknowledges and accepts that Mercado Libre, its related companies or subcontractors linked to Mercado Envios Full Service will not be liable for damages, reduction and deterioration suffered by the Goods due to flaws or defects of said Goods, and that the only one responsible for the damages caused to Mercado Libre, to third parties or to their goods by said flaws or defect of the Goods will be the Seller. 

Mercado Libre shall only be liable for shortages or damages to the Goods checked by Mercado Libre and caused exclusively during the period that begins following the receipt of the Goods by Mercado Libre at the Distribution Center and ends with the delivery of said Goods to the Parcel and Shipping Companies, all of this in accordance with the records of Mercado Libre and provided that the shortage and/or damage are directly and exclusively attributable to Mercado Libre due to its willful misconduct, negligence or bad faith and are not the result of an act of God or force majeure event or a breach by the Seller and/or a third party on behalf of which Mercado Libre is not obligated to respond. In case of damage, the burden of proof for establishing that the damage occurred in the aforementioned period is under the Seller's responsibility. Mercado Libre shall not be liable unless the Seller proves to Mercado Libre that the damage is attributable to Mercado Libre. Regarding this section, please refer to the policies of the Fulfillment Protection Program (FPP).

7. Authorization

The Seller authorizes Mercado Libre to withhold and debit from its Mercado Pago account the existing and/or future funds to pay the price of Mercado Envios Full Service plus the taxes generated by this, as well as to recover expenses, fines, disbursements, costs or any other sums owed to Mercado Libre under the indemnity promises made by the Seller of Mercado Envios Full Service.

Mercado Libre may also exercise a right of lien on the Goods of the Seller until the latter settles any debt for the items indicated in the preceding paragraph.

8. Inspections

The Seller authorizes Mercado Libre, its related companies or subcontractors of Mercado Envios Full to inspect the Goods, without prior notification, provided that such inspection must be carried out for security, customs inspection, at the request of any corresponding authority or for any other valid reason.

Mercado Libre will not carry out any other controls on packages other than those expressly provided for in these Mercado Envios Full Terms and Conditions.

9. General Provisions

9.a. Responsibility and Indemnity for Work Issues

The Seller shall be solely and exclusively responsible for the fulfillment of the labor, safety and hygiene, social security, tax and/or contract obligations for its own personnel or contracted personnel, and will hold Mercado Libre, their related companies and their respective directors, managers, officials, representatives, agents and employees harmless with respect to any damages, cost, loss, liability, expense (including, but not limited to, attorneys’ fees, experts and expenses of justice) arising from judicial and/or extrajudicial complaints originated in and/or linked to any breach by the Seller, its personnel and/or contractors under their responsibility.

9.b. Compliance with tax obligations and the legality source of the funds

The Seller, in their capacity as merchants, assure and guarantee that (i) they comply with the tax regulations that apply to them, and (ii) the Goods that are the object of Mercado Envios Full Service are their Good and were acquired with funds that come from lawful activities.

9.c. Prevention of Corruption

The Seller, their employees, representatives, agents and affiliates have not and will not demand, with respect to the activities related to Mercado Envios Full Service and/or the Goods, any offers, payment, promise to pay or authorization to pay money, or any offer, gift, promise to provide or authorization to provide anything of value, to any government employee, or anyone, knowing that all or a portion of what is provided to that person will be offered, provided or promised to a government employee, in order to: (a) influence any act, decision or omission by a government employee about their official functions; (b) induce such officials to draw upon their influence with a government or institution for the purpose of affecting any act or decision of the government or entities; or (c) obtain an improper advantage, in order to obtain, retain or run business;

9.d. Confidentiality

The Seller shall protect as confidential and shall not disclose to any third party any Confidential Information (as this term is defined below) accessed in any way by them, their employees or contractors or their related companies as a result of the provisioning of Mercado Envios Full Service. For these purposes, “Confidential Information” means information that is not publicly known and used, which is developed or obtained by Mercado Libre or its affiliates, including but not limited to: (i) information, procedures and data obtained and/or developed by Mercado Libre or its affiliates, (ii) products or services, (iii) costs and pricing structures, (iv) analysis, (v) business or operational methods, (vi) computer software, including operating systems, programming requests and listings, (vii) organizational charts, manuals and documentation, (viii) all methods of production/operation, processes, technology and trade secrets, and (ix) all other similar and related information, in any format regarding the above points and/or the Service whether or not this is marked as confidential;

9.e. Compliance

The Seller must comply with applicable environmental protection, intellectual property rights, consumer protection and any other applicable rules for the marketing of the Good, and shall at all times have all applicable permits, authorizations, licenses and approvals;

9.f. No waiver

No failure to enforce any right or legal action available under these Mercado Envios Full Terms and Conditions shall be deemed to be a waiver by the party resulting in a lack of enforceability in the future for any such right or action;

9.g. Non-assignment

The user character of Mercado Envios Full Service may not be assigned or transferred under any concept.

10. Jurisdiction and Applicable Law

These Terms and Conditions shall be governed in all their points by the laws in force in the Republic of Colombia. Any dispute arising from this agreement, its existence, validity, interpretation and/or execution of the Agreement, as well as with respect to any action or procedure related to these Terms and Conditions, shall be submitted by the parties to the courts with jurisdiction in the city of Bogota.