Mercado Envios Full Terms and Conditions- Chile

Last Modified: 06/02/2022

These terms and conditions (the “Mercado Envios Full Terms and Conditions”) establish the rules for the use of the service offered by Mercado Libre Chile Limitada (“Mercado Libre”) for temporary protection, order processing and order preparation (the “Mercado Envios Full Services”) of certain goods (the “Goods” or the “Good”, as applicable) owned by selling users (the “Sellers”) and offered through the website, applications and other e-commerce platforms operated by (or using the technology of) Mercado Libre and/or its related companies (collectively, the “Website”).

The Mercado Envios Full Services are additional, optional, and complementary services with respect to the Mercado Envios service and require and confirm acceptance and compliance with these Mercado Envios Full Terms and Conditions, the Mercado Envios Terms and Conditions, and the Mercado Libre General Terms and Conditions and all other policies and principles incorporated therein by reference. 

1. Mercado Envios Full Scope of Services

Mercado Envios Full Services includes the receipt, classification, temporary safeguarding, collection, packaging, outer packaging (as applicable), labeling and order preparation for Goods received on consignment at the Distribution Center (as defined below), all in accordance with the information provided by the Sellers; invoicing at the Seller's expense and order to the Buyers (as defined below) and the delivery of such Goods to third-party transport and/or postal service companies (the “Parcel and Shipping Companies”) within the framework of Mercado Envios Full Services, for delivery to the ultimate recipient via the Website (the “Buyer”). 
Mercado Envios Full Services must not be interpreted as leasing spaces or as the provisioning of shipping services, carriers, warehouses, or any other similar or analogous concept, since it is an atypical solution developed by Mercado Libre for the benefit of the Sellers as a supplement and in addition to the activities carried out by said Sellers on the Website.
 
2. Operation of Mercado Envios Full Services 

2.a. Access to Mercado Envios Full Services

Access to Mercado Envios Full Services requires that the Seller requests it from Mercado Libre, and that Mercado Libre accepts such request.
Mercado Libre reserves the right to reject a request to access Mercado Envios Full Services or to cancel or suspend at any time, without the need for notice, with or without cause, temporarily or permanently, the provisioning of Mercado Envios Full Services, without such decision generating indemnity or compensation rights for the Seller.

The use of Mercado Envios Full Services by the Seller requires the use of Mercado Envios services, with respect to which Mercado Envios Terms and Conditions apply, for the delivery of the Goods to the Buyer once these Goods have been sold.

2.b. Delivery of Goods

2.b.1. Location for delivery 

The Seller must deliver the Goods that correspond to Mercado Envios Full Services 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 apart from those corresponding to Mercado Envios Full Services. The Seller will not have access to the Distribution Center, such that it will not be able to use the Distribution Center to perform tasks on its Goods (such as labeling, preparation of kits, separation, packaging, etc.).

2.b.3. Goods Eligible for Mercado Envios Full Services 

Mercado Libre will only receive the Goods: (i) with respect to which the Seller has requested Mercado Envios Full Services; (ii) in the quantities for which Mercado Libre has previously confirmed the availability of space; (iii) that are delivered on the day and time agreed to with Mercado Libre and; (iv) provided that such Goods satisfy all the requirements provided for in these Mercado Envios Full Terms and Conditions, as specified in the following section. 

2.c. Requirements for Goods to be received at the Distribution Center 

2.c.1. The Goods that the Seller wish to send to the Distribution Center must comply with the following requirements:

    • Have the following labels provided by Mercado Libre affixed through the system: (i) label with the ML Code on the packaging of the Good (individual box); and (ii) label with the shipping number on the bulk packaging containing the Good (box to transport the products).
    • To be included in the entry authorization into the Distribution Center, that is, that the Seller has previously requested from Mercado Libre the authorization to enter the Goods into the Distribution Center and that Mercado Libre has approved the entry of said Goods.
    • Be Goods for which sale, storage and/or shipping is not prohibited by applicable laws, the General Terms and Conditions of the Website nor Mercado Envios Terms and Conditions.
    • Be authentic and do not infringe any intellectual property rights. Mercado Libre will not have access to and therefore will not be responsible for the content, nature, and originality of the merchandise sent by the Seller to the Distribution Center.
    • Be listed for sale on the Website on a paid basis (not applicable for free listings).
    • Comply with all of the requirements for sale, with the corresponding permits, certifications and licenses.
    • Does not require any special handling for its safekeeping.
    • Not be potentially hazardous goods for handling, storage and/or shipping.
    • Comply with the maximum dimensions, weight and quantities indicated by Mercado Libre.
    • Be a Good which is owned by the Seller, acquired with funds generated by lawful activities and over which said Seller has full rights 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 others), at the discretion of Mercado Libre.
    • Be duly packaged, with its own original box or packaging and in accordance with what is listed on the Website, in protective conditions suitable for shipping to the Distribution Center.
    • Have all applicable taxes paid.
    • Be accompanied by the necessary documentation in accordance with current law and these Mercado Envios Full Terms and Conditions, including, but not limited to, shipping guides, receipts or invoices, customs documentation, certificates of ownership, etc. 
    • f they are Goods of foreign origin, in addition to the above, they must be duly imported, with the corresponding import paperwork completed, and taxes and duties paid, complying with all rules for selling the Good in the Republic of Chile (such as metrology standards, safety, environment, protection of consumer rights, etc.), and complying with the minimum listing amount requirement noted from time to time in the FAQs.
    • If perishable, have a minimum number of days remaining prior to the expiration date of 90 (ninety) days as of its entry into the Distribution Center, unless Mercado Libre expressly authorizes a shorter term by virtue of the nature of the Good.
    • Indicate the batch number for goods for which applicable regulations require it.
    • The foregoing, without prejudice to the unilateral power and the sole discretion of Mercado Libre to waive one or more of these requirements in specific cases.

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 or for the invoicing arrangements carried out by Mercado Libre on behalf of the Sellers of Goods 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 to the Distribution Center of Goods by the Seller with respect to which Mercado Libre has expressed to the Seller that it will not provide Mercado Envios Full Services. 

In the event that a package is detected at a Distribution Center at any time that infringes the foregoing or that poses a danger to the provisioning of the Mercado Envios Full Services or which might compromise Mercado Libre in any way, and without such decision being questionable by the Seller, that package will not be delivered to the Buyer. Mercado Libre may deliver the affected package to the corresponding authority, destroy it or make it available to the Seller, without any liability for Mercado Libre with respect 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.

Notwithstanding the foregoing, the Seller is obligated to comply with the payment of the Mercado Envios Full Services that they have used.
In the event of any inquiry, inspection and/or investigation by the authority, the Seller and/or any other entity or individual person with a legitimate interest must provide all of the information, cooperation and support that the corresponding authorities and/or Mercado Libre 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 affect (positively or negatively) the provisioning of the Mercado Envios Full Services. Among other things, the Seller must inform Mercado Libre regarding:

(i) Any situation that implies technical limitations with respect to Mercado Envios Full and/or Goods Services, especially those related to the transportation, handling and risk of deterioration of the Goods.
(ii) Any legal or administrative provision that affects the Goods, including those that affect their handling and any limitation or particularity related to the safeguarding, handling, shipping and risk of deterioration of the Goods, providing, as applicable, guidelines and safety sheets if necessary.
(iii) Any technical problem with the packaging of the Goods, oversizes (according to variables reported by Mercado Libre) or any other issue that may make it difficult to manage, safeguard and ship them.

If applicable, the Seller and Mercado Libre may agree on the provisioning of accessory services with respect to any Goods 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 refuse the provisioning of Mercado Envios Full Services, in the event that the technical conditions, specific regulations, environmental restrictions or force majeure events make the handling of the Goods or the operation of Mercado Libre more burdensome in any way (for example, increasing costs or time periods). 
 
2.c.3.2 Documentation. 

During the provisioning of Mercado Envios Full Services, certain documentation and information of various types will be issued by the Seller and delivered to Mercado Libre. 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 have all of the information and documentation necessary to support 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 to the Distribution Center and/or at any other time that Mercado Libre requires it.

Without this implying any limitation, the Seller must document for the benefit of Mercado Libre

(i) all Goods: 
(a) documentation supporting the legitimate ownership and right of disposition of the Goods; 
(b) documentation supporting the transfer, delivery and storage of the Goods, in accordance with applicable regulations and the requirements of the corresponding authorities,
(c) the special permits that they must have for the marketing 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: In addition to the documentation required in number (i) above, 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 and/or income declarations submitted via the DIN Form must be delivered and accredited to Mercado Libre, as well as any other documentation that Mercado Libre deems necessary for the correct importing of the Goods into the Republic of Chile to be validated. 

In addition, at the discretion of Mercado Libre, the Seller must deliver the additional background information that Mercado Libre reasonably requests. In the event of non-delivery by the Sellers of the background information indicated above or of the background information that Mercado Libre reasonably requires, Mercado Libre may refuse to provide Mercado Envios Full Services without incurring any liability whatsoever. In the event that the lack of such documents, or their incomplete or incorrect nature generates any contingency, the Seller must indemnify Mercado Libre from the damages arising from said contingency and carry out, at its sole cost and expense, the necessary procedures to resolve the problem and, as appropriate, release the Goods and the material and human elements used for providing Mercado Envios Full Services that are affected.

The Seller shall be responsible for declaring and verifying the corresponding authorities and/or any person with a legitimate interest to complain, with respect to the ownership and any other right to said Goods using the documentation that is applicable. At no time and under no circumstances shall Mercado Libre be liable for incorrect, incomplete or false statements in the documents issued by the Seller.

2.c.3.3 Consequences of breach:

In the event that Mercado Libre detects a breach of any of the Seller’s obligations under these Mercado Envios Full Terms and Conditions, it may, in 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 its own expense. In the event that the Seller does satisfy Mercado Libre’s request within the requested periods and manner, Mercado Libre may pause or remove the listings affected and/or disable 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 the case of perishable Goods infringing the provisions of Article 2.c.1.12 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 the right to any complaint or compensation in favor of the Seller.

The Seller shall be responsible for any damage or harm that its breach generates with respect to Mercado Libre and shall hold Mercado Libre harmless for any complaint it receives in relation to a breach by the Seller. 

2.d. Tasks included in Mercado Envios Full Services

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 sale thereof or to the Seller or person designated by the latter, in exceptional cases mentioned in these Mercado Envios Full Terms and Conditions.

The Seller acknowledges and agrees that the process of receiving Goods entering the Distribution Center may pause the listings on the Website of those Goods until such process is completed. This cannot be considered a source of any complaint by the Seller.

In addition, receipt may be affected by processing difficulties due to, for example, lack of labeling or poor labeling that makes the label difficult to read, differences between Declared and Received Goods, among others. 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 or the shortest term expressly authorized by Mercado Libre as of its arrival into the Distribution Center, Mercado Libre may refuse its entry and notify the Seller of the immediate pickup thereof, under advisory to proceed with its 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 having already expired and/or are in a condition which is not suitable for safe storage and sale (including, without limitation, expired products, contaminated with pests or fungi, among others), 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, 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 these having arrived, 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 themselves 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 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 from the Distribution Center, 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 expense of the Seller.

The Seller will be responsible for tracking the remaining expiration periods of the Perishable Goods that they own that were stored in the Distribution Center. The Seller acknowledges and agrees that, if the Perishable Goods are not sold or picked up prior to the days remaining until expiration 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 on the process of receiving and temporarily safeguarding the Good and contacting Mercado Libre in case of warning of delays of more than 3 (three) calendar days from the time its carrier has informed it that it has delivered the Goods to the Distribution Center. Then it will need to follow the 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 its Goods, it may not make complaints to Mercado Libre for differences or shortages of products not entered into its inventory for sale.

In the event that Mercado Libre detects that a Good is damaged, incomplete and/or does not comply with the requirements provided for in Section 2.c.1., 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 pack 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 their handling and shipping process, 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 a better presentation of the Good. 

2.d.3. Sale of Goods, Invoicing, Order Processing, Pick & Pack and Order Preparation 

The Sellers will sell their Goods through the Website and Mercado Libre will manage their invoicing, acting on their behalf and in accordance with the provisions of Clause 4 of these Mercado Envios Full Terms and Conditions. For the purposes of the foregoing, the Sellers who decide to use Mercado Envios Full Service grant Mercado Libre a mandate for all acts that Mercado Libre must perform in relation to the aforementioned invoicing management for said Goods, which will be irrevocable to the extent that the Seller uses Mercado Envios Full Services. 

The risk of loss of the Goods shall remain with the Seller in accordance with these Mercado Envios Full Terms and Conditions, and in no case shall the risk of loss of the Goods correspond to Mercado Libre. Mercado Libre will process orders it receives 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 outside the packaging of the Good the corresponding label for the shipment thereof to its final destination, according to the information it receives from the sale. For this purpose, Mercado Libre shall be limited to automatically replicate, without any intervention or modification, 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 transportation to the final destination in accordance with the Terms and Conditions of Mercado Envios Services. Along with the delivery of the Goods, Mercado Libre must accompany a copy of the invoices that state that they relate to the Goods transported, which will be delivered to the Parcel and Shipping Company that carries out the shipping of the Goods. 

2.d.6. Return of the Goods to the Distribution Center, if they cannot be delivered to the Buyer.

In the event that the Good has not been able to be delivered to the Buyer, the corresponding Delivery Company will return the Good to the Distribution Center and Mercado Libre will return it into inventory.

Mercado Libre will not receive Goods returned for any reason by the Buyer to the Seller under any circumstance at the Distribution Center. Such Goods must be received by the Seller.

2.d.7. Pickup or Disposal of Goods

(a) Request for pickup of the Goods

    • The pickup of the 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 its 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. 

(c) Penalties for not showing up on the date for 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 it 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 it has 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 “not fit”, “unidentifiable”, “damaged at entry” 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 with its 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 confirmation of its disposal. 

(e) Disposal of Goods not Picked up

After 7 (seven) calendar days from the day and time scheduled for the pickup of the Goods by the Seller, or the maximum term indicated by Mercado Libre for the Seller to schedule the pickup of the Goods, if that does not happen, Mercado Libre may consider (a) that all rights to the Good not picked up have been conveyed to it and/or (b) that it has been granted an irrevocable mandate and instructed to: (i) donate the Goods at the Seller's expense and order to any non-profit institution; or (ii) deliver them to the corresponding authority as a lost item, or (iii) destroy or recycle them at the cost and responsibility of the Seller, or (iv) based on objective criteria, include them in discount or settlement campaigns, considering that Mercado Envios Full Services are not for leasing spaces, deposit, or similar, and that the space of the Distribution Center is limited, all of the above in accordance Mercado Libre’s determination and without liability for Mercado Libre against the Seller for said determination.

(f) Requests by the Seller for pickup of Goods

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

2.d.8. Extended Storage Fees

Mercado Libre may apply additional monthly fees to the Seller in the event that the Good has remained in the Distribution Center for more than 3 (three) months from its receipt.

2.d.9. Event Fees
Mercado Libre may apply to the Seller certain fines for: (i) not showing up to enter their Goods in the Distribution Center on the scheduled date and time (“no show”); (ii) canceling an entry scheduled for their Goods without the reasonable advance notice determined by Mercado Libre, and/or (iii) quantitative and/or qualitative differences between the Goods that the User determines
Seller declared included in a schedule for entering the Distribution Center and the Goods actually received in the Distribution Center by Mercado Libre.


3. Price

If applicable, prices for Mercado Envios Full Services, including the long-term storage fees of Article 2.d.8. and the event fines from Article 2.d.9., will be listed on the Website and/or on Mercado Envios Full home page. Mercado Envios Full Services prices will exclude Value Added Tax resulting from the sale of the Goods. 
Prices may be modified by Mercado Libre at any time. The Seller agrees that the listing on the Website and/or on Mercado Envios Full home page is sufficient notice for this purpose, provided that it has been communicated to the Sellers at least 10 (ten) days prior to the listing. 

The Seller may accept or reject the prices of Mercado Envios Full Services if they are modified by Mercado Libre. In case of rejection, the Seller must formally notify Mercado Libre from its Mercado Libre account, through the Website, within 5 days following the listing referred to in the previous paragraph. From said notification, it will be understood that the Seller terminated Mercado Envios Full Services, applying the provisions of Clause 5 of these Mercado Envios Full Terms and Conditions. If the Seller does not send the notification to Mercado Libre within the aforementioned period, it will be understood that they accept the modification of the prices of Mercado Envios Full Services made by Mercado Libre. 
 

4. Invoicing 

4.1. Invoicing for Goods Sold by Sellers

For purposes of the invoicing of the Goods, Mercado Libre will issue invoices under its social security number on behalf of the Sellers, expressly noting within said invoices that it is at the Seller's expense and order. A copy of this invoice shall be delivered to the Parcel and Shipping Companies pursuant to Section 2.d.5 of these Mercado Envios Full Terms and Conditions.

On the last day of the month, Mercado Libre will send an invoice statement to the Sellers on behalf of which Mercado Libre has invoiced Goods. Said settlement must include the total amount invoiced on behalf of the respective Seller, as well as the Value Added Tax information for these transactions. For purposes of the mandate granted to Mercado Libre by the Sellers under Clause 2.d.3 of these Mercado Envios Full Terms and Conditions, it will be understood that Mercado Libre has thereby satisfied its obligation to provide the accounting information by sending the aforementioned invoice. 

4.2. Mercado Envios Full Services Invoicing

For its part, and separately, where applicable, Mercado Libre will issue an invoice to the Sellers corresponding to the charge for the Mercado Envios Full Services provided to them, including the Value Added Tax and any other tax that may be applicable for these services.
 

5. Term of Validity

The use of the Mercado Envios Full Services implies acceptance of these Mercado Envios Full Terms and Conditions without a defined term of validity and until its termination as described below. 
 

6. Termination

Mercado Libre and the Seller may terminate Mercado Envios Full Service at any time without 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.

For this purpose, (i) the Seller must notify its will to terminate the contractual relationship and to pick up all of their Goods from the Distribution Center by means of a formal request using their Mercado Libre account, using the Help Portal, at least 4 (four) days in advance, (ii) Mercado Libre must provide notification regarding its will to terminate the provisioning of Mercado Envios Full Service by sending a notification to the Seller through the Website at least 4 (four) days in advance.
Shutdown of the Seller’s account on the website will result in termination of Mercado Envios Full Service. Therefore, in order to cancel their account, they must first pick up all of their stock from the Distribution Center.

If the Seller cancels their account without picking up the stock, all of the rights on the Goods not picked up will be transfered to Mercado Libre. 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, if 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.

If Mercado Libre wants to terminate Mercado Envios Full Services, then no request from the Seller will be required to make the Goods available.

7. Liability

The Seller is solely and exclusively responsible for the Goods, and also guarantees the ownership, legitimacy to sell, truthfulness, accuracy, and authenticity of the information and documentation they provide to any interested party about them. Thus, 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 hold Mercado Libre, its related companies, and their respective officers, employees, shareholders and agents, as well as other users, as indemnified and harmless from and against any and all complaints (administrative, judicial 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 whether national, local or other and expenses, including, without limitation, 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 Services.

Additionally, the Seller assumes any extraordinary expenses, expenditures or costs which may be incurred by Mercado Libre under the conditions corresponding to the Goods themselves or the conditions for the use of Mercado Envios Full Services with respect to products prohibited by these Mercado Envios Full Terms and Conditions or by Mercado Envios Service Terms and Conditions.

The Seller acknowledges and agrees that Mercado Libre may subcontract all or a portion of the services provided under Mercado Envios Full Services to a third party. 
The Seller acknowledges and accepts that Mercado Libre, its related companies or subcontractors will not be liable for damages, reduction and deterioration suffered by the Goods by virtue of a defect or flaw of said Goods, and that the Seller will be solely responsible for the damages caused to Mercado Libre, the Distribution Center, third parties or their goods by these defects or flaws of the Goods.

Mercado Libre shall only be responsible for the damaged or missing Goods verified by Mercado Libre and occurring exclusively in the period that begins following the receipt of the Goods by Mercado Libre in the Distribution Center ending with the delivery of said Goods to the Parcel and Shipping Companies or the delivery to the Seller or the person designated by it for its receipt or pickup, as applicable, provided that the reduction and/or damage are directly and exclusively attributable to Mercado Libre and are not the result of an unforeseen event or force majeure or a breach by the Seller and/or a third party for whom Mercado Libre is not obligated to respond. In relation to this section, the provisions of Mercado Envios Full Protection Program (FPP) policies will apply.

8. Authorization

The Seller authorizes Mercado Libre to withhold and debit from its Mercado Pago account current and/or future funds to pay the price of Mercado Envios Full Services plus the taxes that it incurs, as well as to recover expenses, fines, disbursements, costs or any other amounts owed to Mercado Libre under the indemnity guarantees made by the Seller of Mercado Envios Full Services.
Mercado Libre may also, as a guarantee, retain the Goods of the Seller until the latter pays any amount corresponding to the items described in the preceding paragraph.
 

9. Inspections

The Seller authorizes Mercado Libre, its related companies or subcontractors to inspect the Goods, without prior notification, provided that such inspection must be carried out for security reasons, customs inspection, at the request of any authority with jurisdiction 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.
 

10. General Provisions


10.a. Liability and indemnity for employment themes and other matters.

The Sellers shall be solely and exclusively responsible for the fulfillment of the labor, safety and hygiene, social security, tax and/or contract obligations corresponding to their own personnel 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 damage, costs, loss, liability, or expense (including, but not limited to, attorneys’ fees, expert expenses and court costs) arising from judicial and/or extrajudicial complaints resulting from and/or linked to any breach by the Seller, their personnel and/or contractors under their responsibility. 

10.b. Prevention of Corruption

 Sellers, their employees, representatives, agents and affiliates must not have and shall not demand, with respect to the activities related to Mercado Envios Full Services and/or the Goods, any offer, payment, promise to pay or authorization to pay money, or any offer, gift, promise to provide or authorization to provide anything of value, to any government employee, or anyone, knowing that all or a portion of what is transferred to that person will be offered, provided or promised to a government employee, in order to: (a) influence any act, decision or omission by a government employee about 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 entity; nor (c) obtain an improper advantage, in order to obtain, retain or run business;

10.c. Confidentiality

The Sellers shall protect as confidential any Confidential Information (as defined in this term below) accessed in any way by them, their employees or their contractors or their related companies as a result of the provisioning of Mercado Envios Full Services and shall not disclose it to any third party. 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 trading secrets, and (ix) all other similar and related information, in any format regarding the above points and/or Mercado Envios Full Services, whether or not this is marked as confidential. 

10.d. Compliance with Rules and Regulations. 

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;

10.e. 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;

10.f. No assignment.
Mercado Envios Full Services user role may not be assigned or transferred under any title.
 

11. Jurisdiction and Applicable Law

These Terms and Conditions shall be governed by the laws in force in the Republic of Chile. For the interpretation and/or execution of these laws, and with respect to any action or procedure related to these Terms and Conditions, the parties submit to the ordinary courts of justice with procedure in the commune of Santiago, Chile, expressly waiving any other jurisdiction that might otherwise correspond to them based on their current or future domicile, or for any other reason.

 

 

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