Mercado Envios Full Terms and Conditions- Mexico

Last Modified: 13/08/2024

These terms and conditions (the “Mercado Envios Full Terms and Conditions”) set forth the rules for the use of the service offered by DeRemate.com from Mexico, S. de R.L. de C.V. (“Mercado Libre”) for temporary safekeeping, order processing and order preparation (the “Mercado Envios Full Service”) of 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) MercadoLibre, S. de R.L. de C.V. technology, and/or its related companies (collectively, the “Website”).

Mercado Envios Full Service is a service which 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.

1. Scope of Mercado Envios Full Service

Mercado Envios Full Service includes receiving, classification, temporary safeguarding, aggregating, packaging, outer packaging (where applicable), labeling and order preparation for Goods that have been received at the distribution center (as defined below), all of this according to 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 utilizing 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 that the Seller 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 temporarily or definitively suspend the provisioning of Mercado Envios Full Services at any time, without the need for prior notice, with or without cause, 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 the purpose 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).

The Seller agrees to respect at all times, and with respect their employees or contractors or their related companies, the safety and hygiene policies established in the Distribution Centers, as well as to comply with the measures indicated for this purpose by Mercado Libre. It is prohibited to engage in conduct that may damage the integrity of the persons and/or assets located in the Distribution Centers and/or interfere with or disclose the operating processes carried out in them subject to the confidentiality obligation established in Article 9.d of these Mercado Envios Full Terms and Conditions, including without limitation taking and/or listing photographs, video or audio. Mercado Libre may temporarily or indefinitely deny access to any person or company that contravenes the foregoing.

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 Mercado Libre previously confirmed space availability, (iii) that are delivered on the day and time agreed to with Mercado Libre, (iv) provided that such Goods satisfy all the requirements provided for in these Mercado Envios Full Terms and Conditions.

The Seller agrees that once the goods are received by Mercado Libre, they may be transferred, at the discretion of Mercado Libre, to any of its Distribution Centers.

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 (single box) and (ii) label with the “inbound shipment” number on the bulk packaging containing the Good (master box).

Goods with standardized barcodes such as UPC or EAN are also acceptable.
Be included in the entry authorization into the Distribution Center.
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.
Be original and not infringe any intellectual property rights.
Be listed for sale on the Website on a paid basis (not applicable for free listings).
Comply with all the requirements for sale, with any necessary permits and/or authorizations, as well as complying with the labeling, regulatory information and safety precautions as required by applicable regulations.
Do not require any special handling in order to ensure their safekeeping.
Not be potentially hazardous goods for handling, storage and/or shipping.
Comply with the dimensions, weight and maximum quantities authorized by Mercado Libre.
Be a Good which is owned by the Seller and for which that Seller has the full right of disposal.
Be new.
Be in perfect condition (including without limitation, not having suffered any type of damage) and be suitable for safe storage and sale (including without limitation, not being expired or contaminated with pests or fungi, among other concepts) at the discretion of Mercado Libre.
Be properly packaged with its original box or packaging (as listed on the Website, and suitably protected in condition for shipping to the Distribution Center).
Have paid, with respect to the Good, all applicable taxes and other duties.
If they are Goods of foreign origin, be duly imported (import procedures concluded and taxes and duties paid), complying with all the rules applicable in Mexico to market the Good (for example metrology, security, environmental, consumer defense, etc.) and with the minimum listing amount requirement indicated from time to time in the frequently asked questions.

If perishable goods, have a minimum remaining expiration date of 90 (ninety) days from their arrival at the Distribution Center.
In the case of consumer goods (supermarket and health supplies) they must have satisfactory commercial labeling in Spanish in accordance with the applicable regulations.

2.c.2. Detection of Restricted Goods

Mercado Libre shall not be liable at any time to any authority or to any third party for the shipment of Goods by the Seller that are prohibited by law, these Mercado Envios Full Terms and Conditions, Mercado Envios Terms and Conditions and/or any terms and conditions and/or 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 represents or which may potentially represent danger to the provisioning of Mercado Envios Full Service or that 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 and/or safeguarded in said Distribution Center. Mercado Libre may deliver such 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 express consent of the Seller.

Additionally, in the event that any Good causes damage to the Distribution Center, personnel and/or third-party Seller Goods, as they are products which are hazardous in nature or which require special handling and/or conditions for their conservation and/or safekeeping, and the Seller has not indicated this to Mercado Libre, then the Seller will be responsible for all the instances of damage caused by that Good.

Notwithstanding the foregoing, the Seller must 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 (positively or negatively) affect the provisioning of Mercado Envios Full Services. As examples and without limitation, the Seller must inform Mercado Libre about:
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.

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.

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 must be issued by the Seller and delivered to Mercado Libre, as required by the latter. 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 at all times 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 provide to Mercado Libre:

(i) for all Goods:

Documentation supporting the legitimate ownership and/or right of disposition for the Goods,
Documentation supporting the transfer, delivery and storage of the Goods, in accordance with applicable regulations and the requirements of the corresponding authorities,
The special permits that it must have for the sale of the Goods (licenses, permits, authorizations, and approvals), and any other documentation that is deemed necessary

(ii) in the case of Goods of foreign origin: the corresponding invoices and/or import declarations/permits 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 Mexico to be accredited.

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 for Mercado Libre. In the event that the lack of such documents results in any contingency, then the Seller must carry out, at their 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 the Mercado Envios Full Services that are affected.

The Seller shall be responsible for declaring and verifying to the corresponding authorities and/or any person with a legitimate interest to complain the ownership and any other right in such Goods by means of the applicable documentation. 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 their own expense.

If the Seller does not remedy the breach within the deadlines and manner requested by Mercado Libre, Mercado Libre may pause or cancel the affected listing(s) and/or shut down 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 and/or the donation of the Good to non-profit entities at the Seller's expense and order.

In case of perishable Goods infringing the provisions of Section 2.c.1.13 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 any right of complaint or compensation in favor of the Seller.

The Seller shall be responsible for any damage or harm that their breach generates to Mercado Libre and/or any third party and shall hold Mercado Libre harmless for any complaint it receives in relation to or arising from the 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 return sale or Priority Pickup (as defined below) thereof or to the Seller or person designated by the latter for its pickup, in the cases described 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, receipt could be affected by processing difficulties due to, for example, lack of labeling or poor quality label that complicates its reading. 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 less than 90 (ninety) days from the date of their arrival at the Distribution Center, then Mercado Libre may reject their entry and require the Seller to immediately pick them up, under warning of proceeding with their 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 already having expired and/or are in conditions not suitable for safe storage and sale (including, without limitation, expired products contaminated with pests or fungi, among others), then 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, and 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 arrival, then 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 after 30 (thirty) days have elapsed subsequent to their entry to the Distribution Center, then 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 from the Distribution Center 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, within a maximum period of 7 (seven) calendar days. If the Seller did not show up to pick up the Goods without valid cause within this time period, then Mercado Libre may proceed with their immediate destruction and/or donation on behalf of and at the Seller's expense.

Additionally, the Seller acknowledges and agrees that, if the Goods are not sold or picked up before the period remaining prior to the expiration date 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 the process and contacting Mercado Libre in the event of warning of delays exceeding 3 (three) calendar days as from the time the 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 about differences or shortages of products not entered into Mercado Libre's 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 insert 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 it exclusively liable to Mercado Libre and to any third party, with it 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 received 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 that occurred. 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 Sellers and Buyers have previously indicated (only by way of example, when carrying out the sale transaction in question, in the Personal Data 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. Only in case of Goods of exporting users, Mercado Libre will inform the exporting user of their return, and the user will have 5 (five) business days following said notification to pick them up from the Distribution Center either directly or through the person designated by it. Once the aforementioned period for the pickup of the Goods by the exporting user has expired without this occurring, Mercado Libre may consider (a) that it has been conveyed ownership rights in the Good not picked up or (b) that it has been granted an irrevocable mandate and instructed to: (i) donate the Goods at the exporting user's expense and order to any non-profit institution; (ii) deliver them to the corresponding authority as a lost item, (iii) destroy them at the exporting user's cost and responsibility, or (iv) submit them to a liquidation or auction process, all of this at the discretion of Mercado Libre and without any liability for Mercado Libre to the exporting user for said determination.

2.d.7. Pickup or Disposal of Goods

(a) Request for pickup of Goods

The pickup of 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 their 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 the Seller must schedule the pickup of the Goods; or the day and time on which they will be available for the Seller to receive and pick them up.
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.

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 they 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 they have 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 being “not fit”, “unidentifiable”, “damaged at arrival” 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 to their 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 Good 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 time period 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 to 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, in consideration of the fact that the Mercado Envios Full Services are not for leasing spaces, warehouse, or similar, and that the space of the Distribution Center is limited; all of this at Mercado Libre’s discretion.

(f) Requests by the Seller for pickup of Goods

Upon receipt of the Goods by the Seller, either for its pickup or receipt of the Goods at their domicile, they shall have a period of 7 (seven) calendar days from the time that 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 their complaint is validated or not. After said period, it shall be understood that the Seller received all the Goods picked up or received in good condition.

(g) Responsibility of the Driver

Mercado Libre won´t be responsible for any losses or damages suffered by the Goods affected during transportation. On the contrary, this responsibility will fall on the Driver. This without detriment to the application of the Envios Full Protection Program (FPP) if applicable.

2.d.8. Extended Storage Fees

Mercado Libre may (a) apply monthly fees to the Seller in the event that the Good has remained in the Distribution Center for more than 2 (two) months or 60 (sixty) calendar days from its receipt, or (b) request the Seller the pickup of the Goods that they had sent to the Distribution Center under the terms of Section

2.d.7. above.

2.d.9. Event fees

Mercado Libre may charge the Seller certain fees for: (i) failing to deposit their Distribution Center Good on the scheduled date and time (“no show”); (ii) canceling a schedule for the entry or pickup of 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 a scheduled deposit to the Distribution Center and the Goods actually received in the Distribution Center by Mercado Libre.

3. Price

Mercado Envios Full Service prices, including but not limited to the extended storage fees in Section 2.d.8. above and the event fees in Section 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. In order to terminate the Service, the Seller must not owe money to Mercado Libre nor to any third party in relation to Mercado Libre.

In furtherance of this, (i) the Seller must notify its 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 its 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.

The 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 will need to previously pick up all of their stock from the warehouse.

If the Seller cancels their account without picking up the stock, then they will transfer all the rights to the Goods which have not been picked up to Mercado Libre such that it can do as it wishes with the Goods. After the shutdown 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 shutdown of their account, if they have decided not to pick them up.

Also, Mercado Libre will be able to, in the event that 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.

In the event that it is Mercado Libre that wishes to terminate Mercado Envios Full Services, no request from the Seller will be required for the availability of the Goods.

6. Liability

The Seller is solely and exclusively responsible for the Goods, and also guarantees the ownership, legitimacy for sale, the truthfulness, accuracy, and authenticity of the information and documentation which they provide to any interested party about them. In that sense, 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, shrinkage 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 which exclusively occur on the period that begins after 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, for their sale, to the Seller for their pickup or with the delivery of the Goods to the Seller’s home by a Parcel and Shipping Company in the event of Priority Pickup (as defined in these Mercado Envios Full Terms and Conditions) all in accordance with Mercado Libre certificates 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 nor a breach by the Seller nor a third party on behalf of which Mercado Libre is not obligated to respond. In the case of damage, the burden of proof for establishing that the damage occurred in the aforementioned period is at the Seller's expense. Mercado Libre shall not be liable unless the Seller proves to Mercado Libre that the damage is attributable to Mercado Libre. In relation to this section, please consult the policies of Mercado Envios Full 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 Sellers agree that at no time may Mercado Envios Full Service be interpreted or result in an employment relationship with Mercado Libre. Due to the foregoing, the Sellers shall be solely and exclusively responsible for the fulfillment of the labor, safety and hygiene, social security, tax and/or contract obligations for its personnel both for its own and contracted personnel, and will hold Mercado Libre, its 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, their personnel and/or contractors under their expense.

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

Sellers, in their capacity as professional merchants, ensure and guarantee that (i) they comply with the tax regulations that apply to them, and (ii) the Goods corresponding to the provisioning of Mercado Envios Full Service are their property and were acquired and/or produced with funds generated from lawful activities.

9.c. Prevention of Corruption

Sellers, their employees, representatives, agents and affiliates declare that they have not and will not demand, with respect to the activities related to Mercado Envios Full Service and/or the Goods any offer, payment, promise to pay or authorization to pay money, or any offer, gift, promise to give or authorization to provide anything of value, to any government employee, or anyone, knowing that all or a portion of what is referred to that person will be offered to them, or given or promised to a government employee, in order to: (a) influence any act, decision or omission by a government employee regarding 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 get, retain or run business;

9.d. Confidentiality

The Sellers 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

Sellers 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 by the laws in force in Mexico City. For purposes of interpretation and/or execution of the Contract, and with respect to any action or procedure related to these Terms and Conditions, the parties expressly submit to the Mexico City courts having jurisdiction, hereby expressly waiving any other jurisdiction which might otherwise correspond to them based on their present or future domiciles or for any other reason.