Mercado Envios Full Protection Program- Brazil

1. General program conditions

The purpose of the Mercado Envios Full Protection Program (FPP) is to provide coverage for all users of the Mercado Envios Full Service who meet the requirements detailed in item 2 (Participation Requirements) and who have been advised with regard to permanent damage or loss of a product after its receipt at the Mercado Envios Distribution Center. All capitalized terms not defined in these conditions have the meanings attributed to them in the Mercado Envios Full Terms and Conditions.


2. Participation Requirements
The following are the requirements in order to be a beneficiary of the FPP, in addition to the general conditions:

For Sellers:

  • Have an active account on the Mercado Libre website from the time of detection of the damage or loss of the product by Mercado Envios to the conclusion of the analysis process and any payment.
  • Have procured the Mercado Envios Full Services, have stock in the warehouse (as applicable) and, with regard to the specific product covered, comply with the Mercado Envios Full Terms and Conditions. 
  • Be the owner of the product or have full right of disposal over it.
  • Not file any legal action (judicial, administrative or other) against Mercado Libre and/or its associates before, during or after detection of the damage or loss of a product; or withdraw from any such proceedings if they have already been filed.
  • Provide any document requested by Mercado Libre or Mercado Envios related to the product in question (for example, purchase invoices, importation documents, etc.).
  • Not list a product whose marketing is prohibited by the General Terms and Conditions of the Website, its Appendices and/or other Mercado Libre and Group company policies. FPP will cover damages and losses occurring during the period between receipt of the product at the Distribution Center and delivery to a carrier or to Seller (as applicable).


3. Resolution

a) Damaged products:
For damaged products, Mercado Libre will calculate the value that Seller will receive considering the prices stipulated in the listing for the product on the Website, net of discounts and any applicable sales fees, within 10 (ten) business days of detection of the damage.

 b) Lost products:
For lost products, Mercado Libre will search for it over 30 (thirty) business days. If the product is not found, within the aforementioned period, Mercado Libre will calculate the value that Seller will receive considering the prices stipulated in the listing for the product on the Website, net of discounts and any applicable sales fees, within 10 (ten) business days of detection of the loss.
In both situations, the amount due will be credited to the Mercado Pago account of the Seller. For more information on how this amount is calculated, refer to “How do we calculate the amount we will pay you under the Mercado Envios Full Protection Program?”.

4. Effects of payment in accordance with the FPP

a) Lost products:
If the lost product is found after the payment has been credited under the FPP and (i) within less than 6 (six) months following detection of the loss; or, (ii) even after 6 (six) months from detection of the loss, if the Seller has listed other identical products for sale on the Website, Mercado Libre may return the product to the Seller’s stock in the Mercado Envios Full Service and debit the amount paid to the Seller under the FPP from the latter’s Mercado Pago account.

If Mercado Libre finds the lost product more than 6 (six) months after detection of the loss and the Seller, the moment the product is found, does not have any active product listings for the same product, Mercado Libre may consider: (a) that the rights to the products found have been transferred to it; or, (b) it has received authorization and permission to dispose of the product at its discretion, and it may, for example, donate the product to a non-profit institution or to hand it over to the relevant authority as a lost object. 

In the aforementioned case, the amounts pertaining to storage, shipment or disposal of the products/merchandise/goods may be debited directly from Mercado Pago account of the Seller, and the Seller will not be entitled to any amount as indemnity or reimbursement. Regardless of the destination of the product, the Seller will still be liable for taking the appropriate measures for any necessary tax or accounting compensation before government authorities, in accordance with current legislation.

b) Damaged products:
The Seller is aware that, after receiving payment for a damaged product at the Distribution Center, Mercado Libre will own the rights over the aforementioned product and that: (a) it may ask the User to retrieve the product within the timeframe indicated by Mercado Libre or (b) it will dispose of the product at its full discretion and, for example, it may donate the product to a non-profit institution. In the event of item “a” above, the amounts pertaining to storage and shipping may be debited directly from the Mercado Pago account of the Seller. The User will not be entitled to any indemnity or reimbursement, regardless of the destination of the product, and the Seller will still be liable for taking the appropriate measures for any necessary tax or accounting compensation before government authorities, in accordance with current legislation.

If necessary or requested by Mercado Libre, the Seller must issue the necessary document to prove the transfer of the product.


5. Exceptions 

The FPP will apply when:

Products are damaged upon delivery to the Distribution Center or they are damaged after leaving the Distribution Center 
The products have been repaired or altered by the Seller.
Fraudulent conduct by the Seller or conduct that violates the Terms and Conditions of Mercado Libre, Mercado Envios, Mercado Envios Full and/or Mercado Pago is ascertained.

6. Mercado Libre does not provide any insurance coverage

The FPP is not insurance, it only offers the Sellers who comply with the aforementioned conditions and requirements the possibility of a refund of the value of the affected product, as indicated in item 3.

7. Prohibitions

The Sellers shall not:

  • File complaints on behalf of, representing and/or in the place of third parties;
  • File complaints based on false and/or fraudulent facts or situations;
  • Perpetrate willful misconduct or fraudulent acts in order to obtain FPP coverage.
  • Violate the Terms and Conditions, Appendices and other policies of Mercado Libre, Mercado Envios and other companies of the same economic group. 

This type of conduct will be analyzed by Mercado Libre and the offender will not be entitled to the FPP, and may also be sanctioned by having their accounts on the Mercado Libre and Mercado Pago websites suspended or deactivated, in addition to the termination of Services provided by Mercado Envios and/or the Mercado Envios Full and other companies of the same economic group.

8. Changes
Mercado Libre may amend these conditions applicable to the FPP at any time. The Sellers agree that the new conditions will be effective ten (10) days after they are disclosed on the respective Websites. In turn, Mercado Libre reserves the right to interrupt, terminate, cancel or suspend coverage, temporarily or permanently, in which case the Users will not be entitled to file any complaints.

 

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