Mercado Envios Full Protection Program- Mexico

1. Full Protection Program´s Conditions

The Mercado Envios Full Protection Program (FPP) is intended to provide coverage to all Mercado Envios Full Service users who meet all of the requirements outlined throughout these terms and conditions and who have been notified of a definitive damage or loss of a Good occurring solely within the period commencing upon the receipt of the Good by Mercado Libre at the Distribution Center and ending upon delivery of such Good to a Parcel and Shipping Company for its sale, to the Seller User for pick-up or upon delivery of the Goods to the Seller User’s address by a Parcel and Shipping Company in the event of priority pick-ups (as defined in the Mercado Envios Full Terms and Conditions), provided that the damage and/or loss is directly and exclusively attributable to DeRemate.com from México, S. de R.L. de C.V. (“Mercado Libre”) due to its willful misconduct, negligence or bad faith and is not a consequence of an act of God or force majeure or a breach by the Seller User and/or a third party on behalf of whom Mercado Libre is not obliged to respond.

All capitalized terms not defined in these terms shall have the meaning ascribed to them in the Mercado Envíos Full Terms and Conditions.

2. Requirements to Participate

Requirements for being a member of the Mercado Envios Full Protection Program (FPP) in addition to the general conditions are:

For the Seller User:

  • Be active on the Website at the time of detecting the damage or loss of a Good until the end of the analysis process and potential payment.
  • Have contracted the Mercado Envios Full Services, have stockin the Distribution Center (if applicable) with respect to the Good on which payment is intended under the Mercado Envios Full Protection Program (FPP); and satisfy the Mercado Envios Full Terms and Conditions. 
  • Be the owner or have full right of disposal for the Good and be the seller thereof.
    Do not initiate any legal action (judicial, administrative or other) against Mercado Libre and/or its affiliates before, during, or after the damage or loss of a Good has been detected; or withdraw from such actions if they were initiated.
    Make available to Mercado Libre any documents related to the Good that Mercado Libre requests (for example: purchase invoice, import documents, etc.).
  • Don´t initiate legal proceedings (whether judicial, administrative or other) against Mercado Libre and/or its affiliates prior to, during, or after the detection of damage or loss of the Good; or cease such proceedings if they have already commenced. 
  • Provide Mercado Libre with any documents related to the Good upon Mercado Libre’s request (e.g.: purchase invoice, import documents, tax documents, etc.).

Regarding the damage or loss of the Good:

  • It must have occurred after Mercado Libre received the Good at the Warehouse or after handing it over to a Carrier in the case of Full’s Pickup of Goods, and before the delivery of said Good to a Carrier for sale or to the Seller in case of home pickup;
  • It must be directly and exclusively attributable to Mercado Libre due to its intention, negligence, or bad faith;
  • It must not be a result of a fortuitous event or force majeure nor due to a breach by the Seller and/or third party for whom Mercado Libre is not liable;
  • It must not concern indirect or consequential damages (e.g., loss of earnings or loss of profit);
  • It must not concern damages solely to the packaging of the Good, nor the loss of Goods that were not properly identified by the Seller;
  • It must not concern damages to the Good caused exclusively by improper or insufficient packaging that failed to ensure safe transportation.

For the Good:

  • It must not be prohibited by law and/or the General Terms and Conditions of the Website, its Appendices and/or other Mercado Libre, Mercado Pago, Mercado Envios or Mercado Envios Full policies. Mercado Libre will analyze and determine whether or not the aforementioned requirements are satisfied.
  • In particular, it must be a Good that meets all the requirements for its reception at Full and entry into stock for sale, including but not limited to: being a product that is prohibited from shipment to Full due to type, hazard, or volume, as well as products that are unidentified or poorly packaged, in bad condition, expired and/or contaminated, or not declared in the shipment to Full. 

Mercado Libre will analyze and define if the mentioned requirements are met. 

3. Resolution

a) Damaged goods:

For cases of damaged Goods, Mercado Libre will calculate the amount that the Seller User will receive taking into account the listing amounts for the good on the Website, net of the discounts that may be applied to that amount, and also discounting the applicable selling fee by Mercado Libre and/or its affiliates.

b) Lost Goods:

In cases where the loss of a Good has been detected, Mercado Libre will proceed to search for it for a period of 30 (thirty) calendar days. If the Good is not found within that timeframe, then Mercado Libre will calculate the amount that the Seller User will receive taking into account the amounts of listing of the good on the Website, net of the discounts that may be applied to that amount, and also discounting the applicable selling fee by Mercado Libre and/or its affiliates.

In either situation, the payment method will be the crediting of the corresponding funds in the Seller User’s Mercado Pago account. For more information about the calculation of this amount, please refer to “How do we calculate the amount to pay in your account under the Mercado Envios Full protection program?”.

4. Effects of payment under the Mercado Envios Full Protection Program (FPP)

a) Lost goods:

If a Lost Good is located subsequent to a Mercado Envios Full Protection Program (FPP) payment having been credited; and (i) 6 (six) months have not passed since the detection of the missing Good; or (ii) even after the aforementioned 6 (six) months, if the Seller User has listed other equal Goods to be sold on the Website, Mercado Libre will re-enter the Good into the stock of the Seller User of the Mercado Envios Full Service and will withdraw the amount that had been paid to said Seller User in a timely manner under the Mercado Envios Full Protection Program (FPP) from their Mercado Pago account.

If Mercado Libre finds the lost Good after 6 (six) months have passed since the time the loss of the Good was detected and the Seller User did not have active listings of the same products at the time of that the good is located, then Mercado Libre may consider (a) that it has been transferred all ownership rights to the Goods found or (b) that it has been granted a mandate and has been instructed to donate the Good on behalf of the Seller User to a non-profit institution or deliver it to the corresponding authority as a lost item, or destroy it at the cost and responsibility of the Seller User, all of this at Mercado Libre’s discretion. 

Any related costs may be debited by Mercado Libre from the Seller User 's Mercado Pago account. If necessary, the Seller User must issue the document required to effect the transferring of the good.

b) Damaged goods

Making a payment for the Mercado Envios Full Protection Program (FPP) due to damage to the Good will extinguish any right that the Seller User has over it and will entitle Mercado Libre, at its discretion, to consider: (a) that all rights of the Damaged Good have been transferred to it; or (b) that it has been granted a mandate and instructed to donate the Good on behalf of and in response to the orders of the Seller User to any non-profit institution or to destroy it at the cost and responsibility of the Seller User. In this event the Seller User may not demand the return of the Good. 
 
In certain cases, Mercado Libre may, in its sole discretion and without being obligated to do so, require the Seller User to pick up the damaged Good from the Warehouse within the timeframe indicated by Mercado Libre, at the Seller User’s expense. In the event that the damaged Good is not picked up within the indicated timeframe, Mercado Libre will proceed in accordance with the previous paragraph.

5. Coverage

The Mercado Envios Full Protection Program (FPP) does not cover:

  • Products that were already damaged at the time of entry into the Distribution Center, or that were damaged after their delivery by a third party from the Distribution Center due to their sale or withdrawal when it was not a priority (as defined in the Mercado Envios Full Terms and Conditions) or that had been repaired or modified by the Seller User.
  • Cases in which, at Mercado Libre's discretion, fraudulent conduct by the Seller User is verified or that infringes the Terms and Conditions of Mercado Libre, Mercado Envios, Mercado Envios Full and/or Mercado Pago. 
  • Products with damage to their primary packaging. 
  • Products that were not correctly identified and/or declared by the Seller in the Full shipment declaration.

6. Mercado Libre does not provide insurance

The Mercado Envios Full Protection Program (FPP) is not insurance. It merely offers Seller Users who satisfy the aforementioned conditions and requirements, the possibility of recovering the replacement value of the affected Good.

7. Prohibitions

Seller Users may not:

  • Initiate complaints for, representing and/or on behalf of third parties;
  • Initiate complaints based on false and/or fraudulent facts or situations;
  • Engage, in Mercado Libre’s assessment, in willful or fraudulent conduct or acts in order to obtain coverage under the Mercado Envios Full Protection Program (FPP), and act in conjunction with other persons or users for the purpose of obtaining coverage.

This type of conduct will be analyzed by Mercado Libre and the infractor will not only not be unable to participate in the Mercado Envios Full Protection Program (FPP) but may be sanctioned with the suspension or cancellation of their account on the Mercado Libre and Mercado Pago websites and with the immediate shut down of the Mercado Envios Service and/or Mercado Envios Full Service.

8. Modifications

Mercado Libre may modify these conditions that govern the Mercado Envios Full Protection Program (FPP) at any time. The Seller User agrees that  publication on the Website is sufficient notice for this purpose, provided that it is made at least 10 (ten) days in advance.

In turn, Mercado Libre reserves the right to discontinue, shut down, cancel, temporarily or permanently suspend the coverage without this generating any right to make complaints.

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