Mercado Envios Terms and Conditions- Colombia

Last Update: 03/10/2022

The Mercado Envios terms and conditions are an integral part of the Mercado Libre General Terms and Conditions and the Mercado Pago Terms and Conditions of Use (operated by MercadoPago Colombia S.A.) Therefore, the (“Users” or individually considered, the “User”) acknowledge that prior to the study and acceptance of the Mercado Envios terms and conditions, the Mercado Libre and Mercado Pago Terms and Conditions were understood and accepted.

The Mercado Envios Terms and Conditions describe the rights, obligations and responsibilities of Users, the Parcel and Shipping Companies (as defined below) and Mercado Libre when using the Mercado Envios Tool.

Any breach of these Terms and Conditions may result in sanctions to Users, up to and including the shut down of their Mercado Libre accounts.

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

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

1. The Mercado Envios Tool

Mercado Envios is a technology based tool offered by MercadoLibre Colombia Ltda. (hereinafter, “Mercado Libre”) to its Users with the objective of facilitating the shipment of a certain product listed on websites or applications that use Mercado Libre technology, using for these purposes:

(a) Shipping and/or courier 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 engagement by Users who purchase the shipping service of 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 allows:

(i) for seller users, listing of goods or services through listings that facilitate the meeting between supply and demand, receiving of secure payments for goods or services sold and facilitating the fast, traceable, and secure shipping of products to buyers; and (ii) for buyer users, search for and browse goods or services listed by seller users, make secure payments for goods or services purchased and receive products in a way that is quick, traceable and secure. The Parcel and Shipping Companies and/or Flex Carriers shall be the ones who will perform the shipping services directly in favor of the Users, when they are contracted through the Service Related to the Mercado Libre Shipments (hereinafter the “Companies Service”).   

Users acknowledge that they have been sufficiently informed that Mercado Libre is not responsible for the Companies’ Service; that the Parcel and Shipping Companies and/or Flex Carriers are individual persons or legal entities and independent of Mercado Libre; and that Mercado Libre does not offer, nor does it provide the Companies’ Service offered and executed by the Parcel and Shipping Companies and/or Flex Carriers.
The sole and exclusive participation of Mercado Libre with respect to the Companies’ Service is limited to referring the Users who request the engagement of such Companies’ Services.

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 in the category corresponding to the listed good; (ii) the goods in question are not prohibited by the Parcel and Shipping Companies and/or by the Flex Carriers for the provisioning of the Companies Service; (iii) the good does not exceed 130 cm by 60 cm by 60 cm in its total dimensions and/or that the good does not have a weight equal to or greater than fifty (50) kilograms; and (iv) the seller User has entered within their registration details a valid address within the territory of the Republic of Colombia 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 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. In the Mercado Libre portal, there will be no possibility to choose from among other delivery options other than those mentioned 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 when the Companies Service has been provided by the Parcel and Shipping Companies and the cost has been assumed in whole or in part by one of the Users, 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 chosen that the cost of the shipment is the responsibility of the buyer User, then 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 not charge for the Services Related to the 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 entity that has assumed the cost.

The seller User 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 cost 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 is 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:

Deliver the shipment (package containing the goods to be shipped) to any delivery point (local of the network of branches or authorized agencies of the Shipping and Delivery Companies or commercial premises suitable for such purposes), or request pickup at the Seller User’s address (if available), in perfect condition (both the package and the good inside), within authorized and available business hours, as soon as possible after the sale and no later than the time indicated by Mercado Libre when notifying the seller User of such order.

Once this timeframe has expired (i) tracking of shipments may be affected or unavailable, or (ii) the Parcel and Shipping Companies may refuse delivery of the shipment. If the latter occurs, then the seller User must negotiate directly with the buyer User regarding the manner that the product is to be 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).
Deliver the shipment with the respective transport order (label) properly affixed, and it must contain the reliable information for the delivery (including, for example, correct 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:

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 said sale.

3. Shipment by Parcel and Shipping Companies or Flex Carriers:

For both shipments made by the 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 shipment.

For these purposes, the seller User shall comply with the following provisions: the shipment must be closed and provide conditions that ensure the protection of the content (with a level of protection considered sufficient if the Parcel and Shipping Companies or the Flex Carrier did not have services to accommodate a fragile shipment) and the physical integrity of the persons handling it and, in general, the goods of third parties, with prismatic packaging and wrapping, with no overhangs exceeding the packaging, without previous postage labels and properly conditioned in such a way as to prevent spills in the event of liquids (if exceptionally permitted).
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 shipment 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 contract the use of the Mercado Envios Tool.

The cost of using the Mercado Envios Tool will be indicated 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 portal 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), then the seller User will receive the information uploaded by the buyer User for the shipment of the product, for which reason the seller User must comply with the obligations provided for in Clause 4 above, which lists the obligations of the seller User relating to the Mercado Envios Tool.

6. Procedure in case of non-delivery and delayed goods

A shipment that is delivered to the recipient (buyer User) or returned to its sender (seller User) was not possible by the Parcel and Shipping Companies, after three (3) months from the date on which the Parcel and Shipping Company received such shipment, shall be subject to the procedure for the final disposal of the delayed goods as determined by Law. This, except where the User (seller or buyer, as applicable) would have been compensated through the Mercado Libre (or similar) purchaser protection and/or protected purchase programs, where it will be considered that they have granted a mandate to Mercado Libre and authorized it to, at its sole discretion, donate the product to any non-profit institution or destroy it at the User’s expense or deliver it to the corresponding authority so that it can be processed in accordance with any regulations that may be applicable.

Mercado Libre does not assume the custody and conservation of delayed goods, nor the integrity of the elements that make it up. This obligation corresponds to the Parcel and Shipping Companies.

The sender or receiver may recover the delayed goods upon verification of their identity and payment of storage charges, if applicable, provided that the final disposition procedure for delayed shipments by the Parcel and Shipping Companies has not been carried out in accordance with the law. In the event that the User picking up the good has received compensation through the seller protection program and/or protected purchase of Mercado Libre, such User agrees that Mercado Libre may debit the compensation received from their Mercado Pago account.

In the event that a Flex Carrier has intervened and the good could not have been delivered to the recipient, the Flex Carrier will return it to the sender (seller User). Given that the seller User is responsible for such Companies Service, the seller User has already acknowledged that Mercado Libre is unrelated to any complaint regarding the Companies Service and waives it within the limits allowed by law.

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 the cancelation of the transaction occurs after the shipment of the item by the seller User, then the charge will be maintained for the use of the Mercado Envios Tool as described in these Mercado Envios Terms and Conditions since the Tool has been used in whole or in part.   

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 these costs, through 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 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, except in the case of selecting  the "Free Shipping"option, 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 (i) the amount of the shipment determined by the Service Related to the Mercado Libre Shipments and charged to the corresponding User and (ii) the actual amount of the shipment actually 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 has been 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 makes any chargeback or reversal of the purchase transaction that involved such transaction.

9. Seller User liability

Without prejudice to the responsibilities in the event that the Seller User sends the product through logistics solutions owned or contracted by it (“Mercado Envios Flex”), the Seller User shall be absolutely responsible, release and hold harmless Mercado Libre and the applicable Parcel and Shipping Companies or Flex Carriers, assuming any consequences that may arise (including, but not limited to, the payment of any additional costs that are relevant), if due to their willful misconduct or negligence they: (i) erroneously or falsely provide the information necessary to deliver the package by the Parcel and Shipping Companies or Flex Carriers and receive returns; (ii) improperly close and/or package the product to be shipped; (iii) erroneously or falsely provide the information necessary to calculate shipping costs (incorrect product categorization); and/or (iv) use the Mercado Envios Tool to ship any of the products in breach of the conditions for shipping provided for and/or products expressly prohibited by these Terms and Conditions and/or by the applicable legislation with respect to 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 is necessary to ship the good in accordance with the 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 Shipping and Delivery 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.
If a package is to be retained by the competent tax and customs authorities, then Mercado Envios will notify the Seller User so that the latter can carry out the corresponding process and/or removal procedures before said authorities.

In cases in which the shipment is carried out by the Flex Carrier, the Seller User shall be completely liable, and shall hold Mercado Libre harmless for any complaint associated with the shipping service, assuming any consequence arising from their willful misconduct or negligence

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 the Mercado Libre activity, through the Service Related to Mercado Libre Shipments, 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 does it sell the items listed by the seller Users, nor transport them in any way, such that they understand and agree that, Mercado Libre is not responsible for the Companies Service that it refers to with various Parcel and Shipping Companies or Flex Carriers, or for the goods delivered and/or contained within the packages delivered by the Parcel and Shipping Companies or the Flex Carriers, since it is not the one that provides the Companies Service and it is not the seller and is not responsible for the products involved. In this manner, the buyer Users hereby acknowledge and accept 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 act of God events are natural or human events, respectively, that are unforeseeable or unavoidable, both of an unforeseeable 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 the Mercado Libre to satisfy their obligations in whole or in part, despite having acted with due diligence.

In particular, Mercado Libre will not be liable for any technical, mechanical, electrical, magnetic, electronic, photographic or recording damage that the transported products may have.

Users understand and acknowledge that, in the event of any act of God or force majeure event, defects or destruction of the goods shipped by defect thereof exclusively, the goods are transported at the risk of the User who is the owner thereof, and therefore the losses and defects suffered during the transfer will be at their expense in accordance with current regulations. 
 
12. User responsibility – Data use

It is the responsibility of both the buyer User and the seller User to verify the information required by the Mercado Libre portal (which by way of example will be in terms of personal data and categorization of the goods). The Parcel and Shipping Company and/or the Flex Carrier are not responsible for, at the time of going to dispatch the shipment, this not being attributable to the seller User because they have provided false or incorrect information, or at the time of pick-up, it is not delivered to the person designated by the buyer User due to lack of authorization for it.

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. The Delivery 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).
In addition, the Seller User will be responsible for defects, damage or destruction suffered or resulting from the goods shipped arising from the defects of the shipped goods or their packaging.

The buyer User acknowledges and agrees that, at the time of receiving the shipment under the Companies Service, they must review the general condition thereof, as well as its contents, and make any complaint for damages within 24 (twenty-four) hours of receiving the shipment, bearing in mind that Mercado Libre will not be responsible for the consequences of the buyer User’s delay in making the relevant complaints against the Parcel and Shipping Companies or the 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

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

Also, the Users acknowledge that shipments they schedule through the Mercado Envios Tool may not consist of shipping flammable objects, corrosives, explosives, perishables, food, chemical precursors, narcotics or narcotics, cash, metal coins or any other valuable item, works of art, credit cards, debit or purchase, 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 living or dead organisms, cadavers and/or creamed or exhumed debris, medications, liquid and/or fragile elements and/or substances of an infectious and/or dangerous and/or deleterious and/or toxic nature and/or contaminant, firearms of any kind, powder, ammunition and related, radioactive materials, any other items that endanger the safety of the goods of the Parcel and Shipping Company and/or Flex Carriers, and/or the people and/or shipments in general, intoxicants or any other substance and/or material whose use or possession is legally punishable or which would have been obtained in infringement of the respective customs regulations and/or any other current regulations, as well as goods for which shipping and/or circulation is prohibited, restricted or which requires special treatment (shipping measures other than general cargo) or authorization and/or units other than the general cargo distribution in accordance with Colombian laws or other regulations, or is not accepted by the Parcel and Shipping Company and/or 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 merely the fact that a category on the Mercado Libre portal is displayed as enabled for use of the Mercado Envios Tool does not imply the obligation of Mercado Libre to provide the Service Related to Mercado Libre Shipments, nor is it an obligation of the Parcel and Shipping Companies to provide the Companies Service or to accept packages that have prohibited objects in accordance with the regulations governing their activity.
Users further acknowledge and agree that neither the Parcel and Shipping Companies nor the 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 infringement of the shipping conditions referred to in this section.
 
15. Insurance

The use of the Mercado Envios Tool does not include insurance. If a User wishes to take out insurance, they must do so independently.
For its part, the Protected Purchase program is not insurance, without prejudice to the fact that the buyer User may exercise their rights under they provided that the required conditions are satisfied.

When a User takes out insurance regarding the goods to be shipped using the Mercado Envios Tool, such User shall require their insurer to include a clause by which such company expressly waives the right to file a right of recourse action and/or any that may correspond to it against Mercado Libre and/or any Parcel and Shipping Companies and/or Flex Carrier in the event of any loss or damage that may affect the insured goods and/or 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 rate 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 following Mercado Libre documents and/or sections incorporated by reference, detailing policies and/or Terms and Conditions of different services offered on the website form an integral and inseparable part of the General Terms and Conditions, and these Mercado Envios Terms and Conditions. These can be consulted on the website using the link provided below or by directly accessing the corresponding pages:

Mercado Envios Flex Terms and Conditions
Mercado Envios Full Terms and Conditions 
Mercado Envios Full Protection Program