Mercado Envios Terms and Conditions- Chile

Last Update: 03/10/2022

The Mercado Envios Terms and Conditions are a portion of the Mercado Libre General Terms and Conditions. Therefore, by accepting the latter at the time of user (hereinafter “User”) registration, the policies detailed herein are also accepted.

The Mercado Envios Terms and Conditions describe the rights, obligations and responsibilities that Users must respect in the event that they use the Mercado Envios Tool.
Any breach of these Terms and Conditions may result in sanctions for Users, up to and including the shut down of their Mercado Libre accounts.

Anyone who does not accept the Mercado Envios Terms and Conditions and/or the Mercado Libre General Terms and Conditions, which are mandatory and binding, must refrain from using the website and/or the Mercado Envios Tool.

Consequently, Mercado Libre reserves the right to reject a request for the use of the Mercado Envios Tool or to cancel or temporarily or definitively suspend the use of the Mercado Envios Tool, with or without cause, without such decision generating indemnity or compensation rights for the User.

1. The Tool

Mercado Envios is a technological tool offered by MercadoLibre Chile Ltda. (hereinafter, “Mercado Libre”) to its Users with the purpose of facilitating the shipment of a certain product listed on websites or applications that use MercadoLibre's technology, using for such purposes:

(a) Shipping and/or logistics services and/or postal services provided by third parties (hereinafter the “Parcel and Shipping Companies”); or (b) Logistics solutions owned or contracted by the Seller User (hereinafter the “Flex Carriers”).

Mercado Libre limits itself to providing a technological solution which facilitates:

• The calculation of the amount corresponding to a product shipment prior to the purchase,
• The generation of labels for subsequent shipment of the product,
• Tracking of shipment by Users,
• The contracting by Users who purchase the shipping service for a good, and
• The receipt and management of complaints between Users and/or the Parcel and Shipping Companies and/or Flex Carriers

All of the above, hereinafter referred to as the “Mercado Libre Shipping Related Service”.

It is stated for the record that the Service Related to Mercado Libre Shipments is part of the services provided by Mercado Libre to its users, buyers and sellers, which facilitates: a) for seller users, listing of goods or services through listings, receiving of secure payments for goods or services sold and shipping of products to buyers in a quick, trackable and secure manner; and b) for buyer users, the ability to search for and browse goods or services listed by seller users, make secure payments for goods or services purchased and receive products in a quick, trackable and secure manner. The Parcel and Shipping Companies and/or Flex Carriers will be the ones who will perform the shipping services directly on behalf of the Users, when they are contracted through the Mercado Libre Service (hereinafter the “Companies Service”).   

The sole and exclusive participation of Mercado Libre in the Companies Service is limited to referring Users, who request the contracting of said Companies Services, as well as providing the Mercado Libre Service as defined above.

For the purposes of these Terms and Conditions, “Mercado Envios Tool” shall mean a concept that includes the Service Related to Mercado Libre Shipping (to be provided by Mercado Libre) and the Companies Service (to be provided directly by the Parcel and Shipping Companies or by the Flex Carriers).
 
2. Availability of the Mercado Envios Tool

The seller User will offer the Mercado Envios Tool in their listings, provided that (i) such service is available and allowed for the listed good’s category; (ii) the goods in question are permissible by the Parcel and Shipping Companies and/or Flex Carriers for the provisioning of the Companies Service; and (iii) the seller User has entered a valid address within the territory of the Republic of Chile in their registration details that is covered by the Companies Service.

The seller User is responsible for correctly categorizing the good to be listed and for verifying the availability of the Companies Service for that good. Any consequence arising from the incorrect categorization of the good to be listed or the failure to verify the limitations with respect to the Companies Service will be assumed by the seller User (for example, an increased cost of shipping or inability to transport the good).

In addition to the delivery options available through the Mercado Envios Tool (in cases when such Tool can be used), the seller User may offer other delivery or direct pick-up options that the seller User may agree upon with the Buyer User. On the Mercado Libre platform, there will be no possibility to select delivery options other than those described above.

In order to improve the Users’ experience, Seller Users who meet specific objective requirements related to minimum sales volume and geographic location may be included exclusively in a certain delivery option of the Mercado Envios Tool.

3. Costs and billing for using the Mercado Envios Tool

Mercado Libre will indicate the costs of using the Mercado Envios Tool to Users (the seller User in the listing flow and the buyer User in the listing of the good to be transported). The invoice for the use of the Mercado Envios Tool will be sent by Mercado Libre to the seller User in cases where the Companies Service has been provided by the Parcel and Shipping Companies, regardless of which User (seller or buyer) has assumed the final cost for the use of the Mercado Envios Tool. In the event that the seller User has made the selection and the cost of the shipment is borne by the Buyer User, the seller User agrees to include the shipping cost and the price of the product in the corresponding tax document   

In the event that the Companies Service has been provided by a Flex Carrier, Mercado Libre will pay for the Services Related to Mercado Libre Shipments. Thus, unless the cost of using the Mercado Envios Tool has been fully assumed by the seller User, the tax document associated with the Companies Service will be sent by the Flex Carrier to the corresponding recipient.

The Seller expressly agrees not to charge or request the addition of any money from the buyer User for matters related to the use of the Mercado Envios Tool in any case.

3.1. Cost at the expense of the seller User

The seller User may offer in their listings the option of “Free Shipping”. Selecting this option will inform of estimated costs for product delivery using the Mercado Envios Tool. The seller User shall bear all costs for the use of the Mercado Envios Tool on a “Free Shipping” basis, respecting all clauses included in the Mercado Envios Terms and Conditions and other Mercado Libre General Terms and Conditions.

Mercado Libre may establish that in certain cases, seller Users offer the Mercado Envios Tool at their own expense for their listings for prices equal to or greater than an amount that Mercado Libre stipulates. If applicable, Mercado Libre may subsidize the shipping costs and/or determine that such cost be shared with the buyer users, in accordance with the benefits policy defined by Mercado Libre. Learn more about shipping costs and potential subsidies.

4. Obligations of the seller User regarding the Mercado Envios Tool

In accordance with the foregoing, the seller User is obligated to:

1. Shipments by Parcel and Shipping Companies:

a. Deliver the shipment (package containing the goods to be transported) to any delivery point (local of the network of branches or authorized agencies of the Parcel and Shipping Companies or commercial premises suitable for such purposes) or request their collection at the seller User’s address (if this option is available), in perfect condition (both the package and the contents), within authorized and available business hours, as soon as possible following the sale and no later than the time indicated by Mercado Libre when notifying the seller User of such order.

At the end of this timeframe, the Parcel and Shipping Companies may refuse the delivery of the shipment. If this hypothesis occurs, the seller User must negotiate directly with the buyer User in order to have the product shipped. In this case, the seller User will be fully responsible for any extra charges arising from the shipment of the product, including charges arising from the use of the Mercado Envios Tool (even if this could not be used for reasons attributable to a person other than Mercado Libre or the Parcel and Shipping Companies).

b. Deliver the shipment with the respective transport order (label) properly affixed, and necessarily containing reliable information for the delivery (including, as a minimum, accurate information about the weight, volume and description of the product that will be shipped). Incorrect and/or improper use of the labels will result in the application of the sanctions provided for in these Mercado Envios Terms and Conditions, without prejudice to the liability of the Seller User for damages resulting from this breach.  

2. Shipment by Flex Carrier:

a. Deliver the goods to be transported to the destination address indicated by the Buyer User in perfect condition, with the transport order (label) properly affixed to the package, as soon as possible following the sale having occurred and no later than the time indicated by Mercado Libre when notifying the seller User of such sale.

3. Shipping by Parcel and Shipping Companies or Flex Carriers

For both shipments made by Parcel and Shipping Companies and for shipments made by the Flex Carrier, it is the obligation of the seller User to prepare and package the good properly in order to protect it during the shipping.

For these purposes, the seller User shall comply with the following provisions: the package must be closed and provide conditions that ensure the protection of the contents (with a level of protection considered adequate for Parcel and Shipping Companies not having services in place to handle admission and transport of a fragile shipment) and the physical integrity of the persons handling it, and, in general, the goods of third parties, with prismatic wrapping and packaging, no overhangs exceeding packaging, without previous postage labels and properly conditioned in such a way as to prevent spills if liquids (if exceptionally allowed).

In addition, the Seller User may not, in any case, use the label issued by the Mercado Envios Tool to ship products that do not correspond to the content.
In the event of breach of any of the obligations provided, the seller User shall be liable for any damage or harm suffered by Mercado Libre and/or the Parcel and Shipping Company.

5. Procedure for using the Mercado Envios Tool

The buyer User, by choosing the “Mercado Envios” option and entering the address where they wish to receive the package into the Tool, will be informed regarding: (i) the availability of use of the Mercado Envios Tool for the address entered and, if applicable; (ii) the costs of the shipment that must be paid in order to decide whether to engage to the use of the Mercado Envios Tool.

The cost of using the Mercado Envios Tool will be viewed separately from the amount of the product offered and may be paid only through the use of the online payment and collection management services that Mercado Libre offers through its online platform called Mercado Pago (hereinafter, “Mercado Pago”).
The buyer User who decides to purchase a product where the listing offers the use of the Mercado Envios Tool must provide all of the information completely and correctly for the shipment and receiving of the product. The Buyer User acknowledges that they shall be solely responsible for the consequences resulting from a breach of such obligation.

Once the buyer User has completed the information for the shipment of the product in question, paid for the amount of the product offered and the cost of the shipment calculated by Mercado Libre (if applicable), the seller User will receive the information uploaded by the buyer User for the shipment of the product, for which reason the seller User shall: (i) print the transfer orders (labels) for the shipment of the product; (ii) properly close and package the product to be shipped, respecting for this purpose the nature thereof as appropriate, following the instructions contained in these Terms and Conditions and also on the applicable Parcel and Shipping Companies website; and (iii) as the case may be: (a) deliver the product to be shipped under any duly authorized delivery method to the corresponding Parcel and Shipping Companies (branch delivery or pickup at the Seller User’s address) or (b) deliver the product to be shipped directly to the buyer User (in the case of shipment through the Flex Carrier).
 
6. Procedure in case of non-delivery and abandonment of undelivered products

If for any reason not attributable to Mercado Libre and/or the Parcel and Shipping Companies the product cannot be delivered (either because of inaccurate address, or because a person cannot be found in order to receive the product at the indicated address, or due to a failure by the authorized person to show up to receive the product at the branch of the Parcel and Shipping Company designated for the receipt of the shipment, among other things), the Parcel and Shipping Company shall remain in possession and safekeeping of the product purchased by the buyer User at the Parcel and Shipping Company’s place of business, a circumstance that will be communicated by email to both the buyer and seller.

Apart from the communication, the buyer will have 5 business days to personally show up in order to pick up the product, within the hours of operation of the corresponding Parcel and Shipping Company’s business office. If, after that timeframe has elapsed and the product has not been picked up, then the order will be deemed to have not been completed, and the product will be sent back to the seller and the money will be returned to the buyer.

In addition, if the product is returned to the seller, and the seller is not at the indicated address, the product will be returned to the business offices of the corresponding Parcel and Shipping Company, a circumstance that will be communicated by the Parcel and Shipping Company to the seller, and the seller will have 30 calendar days to personally show up in order to pick up the product, within operating hours of the corresponding Parcel and Shipping Company’s business office. In the event that the seller User wishes to pick up such stored items during the aforementioned 30-day period, they must go to the storage location provided by the Parcel and Shipping Company and pay the storage costs, in the event that these apply. If that timeframe elapses without the product having been picked up, then the User (the seller or buyer, as applicable) grants a mandate to Mercado Libre and authorizes it to donate the product to a non-profit institution or to deliver it to the corresponding authority as a lost item, at Mercado Libre’s sole discretion. Additionally, in the event that the product is perishable or has no economic value, the user (the seller or buyer, as applicable) expressly authorizes Mercado Libre to destroy the product.
 
7. Cancellation of the transaction for any reason

In the event that the buyer User decides to return the item to the seller User and/or cancel the transaction subsequent to the shipment of the item by the seller User, the charge for the use of the Mercado Envios Tool will be maintained as described in these Mercado Envios Terms and Conditions since such services have already been provided.   
In addition, within 10 days of receiving the product on behalf of the buyer User and in compliance with the provisions of Clause 6.2. of the Mercado Libre General Terms and Conditions, the seller User must accept the return thereof and bear the expenses that this entails, including the costs of shipments that were necessary.

Mercado Libre may debit those costs, using the Mercado Pago system, from the seller User’s account. If the Mercado Envios Tool has been used in the transaction, Mercado Libre may make shipping labels available for the buyer User for the return and debit the cost thereof, as indicated above, from the seller User’s Mercado Pago account.
 
8. Reimbursement of expenses and other deductions

The buyer User and the seller User expressly authorize Mercado Libre to freely and spontaneously debit any cost incurred by Mercado Libre in connection with the use of the Mercado Envios Tool, through Mercado Pago, from the Buyer User’s account, unless the Free Shipping option has been selected, in which case any corresponding amount may be deducted from the seller User’s account. In addition, Mercado Libre reserves the right to charge the seller User the difference between the amount of the shipment determined by the Service Related to the Mercado Libre Shipments and charged to the corresponding User and the actual amount of the shipment effectively indicated by the Parcel and Shipping Companies in the event that the tool is used by the seller User improperly and/or the information provided by the seller User is incorrect. The seller User expressly authorizes Mercado Libre to automatically charge and debit their Mercado Pago account for the amounts related to the use of the Mercado Envios Tool in the event that any buyer User asserts lack of recognition, chargeback or reversal of the purchase transaction which included that transaction.
 
9. Seller User liability

Without prejudice to the additional liability that may apply to them in the event that they sends the product (Mercado Envios Flex), to the fullest extent allowed by the applicable law, the seller User shall be completely liable, releasing and holding Mercado Libre and the applicable Parcel and Shipping Companies or Flex Carriers harmless, assuming any consequences that may be generated (including, but not limited to, the payment of any additional corresponding costs), if due to their willful misconduct or guilt: (i) erroneously or falsely providing the information necessary to deliver the package by the Parcel and Shipping Companies or Flex Carriers and to receive returns; (ii) improperly enclosing and/or packaging the product to be shipped; (iii) erroneously or falsely providing the information necessary to calculate shipping costs (incorrect product categorization); and/or (iv) using the Mercado Envios Tool to send any of the products in breach of the shipping conditions provided for and/or products expressly prohibited by these Terms and Conditions and/or by the applicable legislation on the matter for shipping and/or products that are not accepted by the Parcel and Shipping Company and/or by the Flex Carrier, with these Terms and Conditions including without being limited to these Mercado Envios Terms and Conditions.

The seller User agrees to deliver to the Parcel and Shipping Company or to the Flex Carrier any document that any authority may require or which may be necessary to transport the good in accordance with current legislation on the matter. By virtue of this, the seller User acknowledges that they will be solely responsible for the failure to deliver such documentation, and that their failure may not be invoked to attribute a breach to the Parcel and Shipping Company. 

Additionally, the seller User authorizes the corresponding Parcel and Shipping Company to inspect the shipments, without prior request, provided that such inspection must be carried out for security, customs inspection, at the request of a corresponding authority or for any other valid reason.

In cases in which the shipment is carried out by the Flex Carrier, to the fullest extent allowed by the applicable law, such seller User shall be completely liable and shall hold Mercado Libre harmless and not responsible for any complaint linked to the shipping service, assuming any consequence generated by their willful misconduct or breach.
 
10. Buyer User liability

The buyer User shall be liable, holding harmless and without liability Mercado Libre and the Parcel and Shipping Companies or Flex Carrier, if due to their willful misconduct or breach (i) they erroneously or falsely provide the information necessary to deliver the package and/or (ii) there is no person who can receive the shipment or pick it up at the place that the buyer User has selected.
 
11. User acknowledgements and statements

Users acknowledge and agree that Mercado Libre activity, through the Mercado Libre Service, is limited to the activities described in Clause 1 of these Terms and Conditions. Consequently, Users understand and acknowledge that Mercado Libre does not own, does not have possession of, nor sell the items listed by the seller Users, or transport them in any way, based upon which they understand and agree that, to the fullest extent allowed by law, Mercado Libre is not responsible for the Companies Service by way of which if provides referrals for the various Parcel and Shipping Companies or Flex Carriers, or for the goods to be delivered and/or contained within the packages delivered by the Parcel and Shipping Companies or the Flex Carriers, since it is not the entity which provides the Companies Service and it is not the entity which dispatches the products involved. In this manner, the buyer Users hereby acknowledges and accepts that the seller User is solely responsible for the existence, condition, quality and quantity of the goods shipped, in accordance with the listing listed by the seller User. The buyer User and the seller User acknowledge and agree that, to the fullest extent allowed by law, Mercado Libre shall not be responsible for the activities of the Parcel and Shipping Companies or Flex Carriers, or the acts of their dependents, as well as for acts of God or force majeure that prevent or cause delays in the use of the Mercado Envios Tool. Force majeure or acts of God are events of nature or human induced events, respectively, of both an unforeseeable or unavoidable nature, outside of Mercado Libre and the Parcel and Shipping Companies or the Flex Carriers that make it impossible for the Parcel and Shipping Companies and/or the Flex Carriers and/or Mercado Libre to satisfy their obligations in whole or in part, despite having acted with due diligence. In particular, Mercado Libre, to the fullest extent allowed by law, will not be liable for technical, mechanical, electrical, magnetic, electronic, photographic or recording defects that the shipped products may have. The Users understand and acknowledge that in the event of the occurrence of any act of God or force majeure event, defect or damage to the transported goods is exclusively their own responsibility, it thus being understood that the goods are transported at the risk of the User which is the owner of them and which therefore will incur the losses and defects that they suffer during the transfer in accordance with current regulations. 
  
12. User responsibility

It is the responsibility of both the buyer User and the seller User to verify the information required by the Mercado Libre platform (which, as examples, may be in terms of personal information and categorization of the goods). The Parcel and Shipping Company is not responsible for, as of the time of providing the shipment for dispatch, the same not having been provided by the seller User because they have provided false or incorrect information, or at the time of the pick-up, it is not delivered to the person designated by the buyer User due to lack of authorization for this. The buyer User and the seller User expressly consent that for all of the information included which is necessary for the use of the Mercado Envios Tool and the determination of its price are collected and stored by Mercado Libre, which may transmit them to the Parcel and Shipping Company or to the Flex Carrier selected for the exclusive purpose of facilitating the Companies Service. Parcel and Shipping Company and the Flex Carrier shall not be authorized to collect the information for other purposes, unless this is accepted by the Users directly with respect to the Parcel and Shipping Companies and/or the Flex Carrier (as applicable).

Additionally, the seller User will be responsible for defects or damage incurred by the transported goods arising from flaws in the transported goods themselves or their packaging. The buyer User acknowledges and agrees that upon receipt of the shipment under the Companies Service, they  must review the general condition of the shipment as well as its content, and make any complaint for damages within the 24 (twenty-four) hours following the receipt of the shipment, keeping in mind that Mercado Libre will not be responsible, to the fullest extent allowed by law, for the consequences of the Buyer User’s delay in making the relevant complaints against the Parcel and Shipping Companies or Flex Carriers. They furthermore acknowledge and agree that they may reject the shipment received under the Companies Service if it is damaged, without having to accept it.
 
13. Liability of the Parcel and Shipping Companies and Flex Carriers that provide the Companies Service

In the event of losses and/or defects suffered by the product or products, during their transfer for reasons exclusively attributable to the Parcel and Shipping Companies or the Flex Carrier that will provide the Companies Service, the affected User may pursue the liability and the repair of the damage caused by them directly from the Parcel and Shipping Company or the Flex Carrier.
 
14. Restricted Products

Also, Users acknowledge that shipments they schedule through the Mercado Envios Services, may not consist of shipping flammable objects, corrosives, explosives, perishables, food, chemical precursors, cash, metal coins or any other valuable item, works of art, credit, debit or purchase cards, bearer or negotiable credit securities, lottery tickets and/or any other type of gaming vouchers, jewelry, any kind of precious stone and/or metal, plants, animals or any other species or live or dead organisms, medications, liquid and/or fragile elements and/or substances of an infectious and/or dangerous and/or deleterious and/or toxic and/or contaminant nature, magnetic material, firearms of any kind, powder, ammunition and related, radioactive materials, any other items that jeopardize the security of the Parcel and Shipping Company and/or Flex Carrier’s goods, and/or people and/or shipments in general, intoxicants or any other substance and/or material where its use or possession is legally punishable or which would have been obtained in violation of the respective customs regulations and/or any other current regulations, as well as goods for which shipping and/or transportation is prohibited, restricted or which require special handling (shipping measures other than those applicable to general cargo) or authorization and/or units other than general cargo distribution in accordance with Chilean laws or other regulations, or is not accepted by the Parcel and Shipping Company and/or the Flex Carriers.  

The above list is for illustrative purposes only, and the User must verify whether or not there are any additional restrictions on the website of the corresponding Parcel and Shipping Company.

For all legal purposes, Users acknowledge and agree that the mere fact that a category on the Mercado Libre platform is shown as enabled for the Mercado Envios Services does create an obligation for Mercado Libre to provide the Mercado Libre Service, nor is it an obligation of the Parcel and Shipping Companies to provide the Companies Service or accept the imposition of packages that have prohibited items in accordance with the regulations governing their activity. Users further acknowledge and agree that neither the Parcel and Shipping Companies nor Mercado Libre will be responsible for accepting such ineligible products. The sole and exclusive party responsible for the acceptance of the shipments is hereby acknowledged to be the seller User, such that they agree to indemnify and hold both companies harmless from any possible contingency that may arise against them as a direct or indirect result of the violation of the shipping conditions referred to in this section.
 
15. Insurance

Use of the Mercado Envios Tool does not include insurance. If a User wishes to take out insurance, they must do so at their own expense.
For its part, the Protected Purchase program is not insurance, without prejudice to the fact that the buyer User may exercise their rights under it provided that the required conditions are satisfied, with these being available for reference at https://www.mercadolibre.cl/compra-protegida. 

When a User takes out insurance for the goods to be shipped using the Mercado Envios Tool, then that User shall require their insurer to include a clause by which such company expressly waives the right to file an action under a right of recourse and/or any other that may correspond to it against Mercado Libre and/or any Parcel and Shipping Company and/or Flex Carrier that provides the Companies Service in the event of any loss or damage that may affect the insured assets and/or those of third parties.
 
16. Processing of complaints

In the event that the User has a complaint to make in relation to the Mercado Envios Tool, they must contact Mercado Libre using the channels provided by Mercado Libre so that the respective complaint can be processed.
 
17. International shipments

With respect to international shipments, Users acknowledge and accept that the products shipped, even when shipped domestically, may be subject to checks by customs , police, postal, healthcare, agriculture, livestock or others agencies which, legally, may request intervention in the commission of the service of the Parcel and Shipping Companies, and which may arise from such actions, for example, the collection of import duties in the destination country, such as customs duties and taxes, those that are not included in the fee of use of the Mercado Envios Tool, and, if they are enforceable, must be paid by the buyer User to the corresponding administrative authority at its destination.

18. Appendices

The Terms and Conditions of the several methods and Programs related to the Mercado Envios can be found at the following links.

Mercado Envios Full
Mercado Envios Flex
Mercado Envios Full Protection Program