Terms and conditions for products of international origin. Use of the MELI Ecosystem by Foreign Sellers

Products of international origin. Use of the MELI Ecosystem by Foreign Sellers

This annex explains the rules for using the MELI Ecosystem services applicable to:

(i) The purchase and sale of products of international origin, which are sold by Foreign Sellers (the “Foreign Sellers”), imported and shipped to Brazil.

(ii)The use of MELI Ecosystem services by Foreign Sellers, such as Envios Full services, Envios Full USA, Mercado Ads or other MELI Ecosystem services.

All operations carried out by the Foreign Seller will be governed by the Terms and Conditions of the Mercado Libre website where they were carried out.

1. Registration and account

The Seller must register with a Foreign Seller account, following the special process for this type of account. By doing so, the Seller simultaneously accepts the Terms and Conditions of the Mercado Libre websites and countries where Mercado Libre operates. This will allow them to list and sell products of international origin and use other services from the MELI Ecosystem on the websites of the mentioned countries.

2. International Purchase and Sale of Products

2.1. Selling

a) Foreign User liabilities

When making an International Purchase, the Foreign User will be the seller and the exporter of the products. 

As such, i) they must comply with all requirements, authorizations, and procedures required by the legislation and regulations in force for the sale and export of products in the country of origin, and for import and commercialization in the destination country; ii) they will be responsible for complying with the current regulations and the criteria adopted by the customs authority and any other relevant authority in each country; iii) they must bear the costs related to the export of the products; and iv) they must provide the necessary documents and information to prove the previous paragraphs, either to Mercado Libre or at the express request of any Authority.

The listings must comply with the Marketplace Terms and Conditions, which include the Listing Policies and Prohibited Products Policies. These will be written in the local language and identified as being of international origin.

Foreign Sellers agree to fulfill the obligations established for sellers in the Marketplace Terms and Conditions.

b) Price

The Foreign Seller will set the selling price in United States dollars, but in their listings, it will be expressed in local currency. To this end, they authorize Mercado Libre to convert the price to the local currency and adjust it based on fluctuations in the exchange rate.

Mercado Libre may add to the product price reported by the Foreign Seller the costs related to shipping and/or international importation (if applicable).

The Foreign Seller may receive the proceeds of their sales (i) through one or more transfers to a bank account in their name, which Mercado Libre will carry out with any of its linked companies; and/or (ii) through other payment platforms operated by third parties, when enabled. In such cases, the Foreign Seller shall bear any service fee applicable to the use of said payment platforms.

The Foreign User designates and authorizes Mercado Pago Instituição de Pagamento Ltda. and/or Global Selling, LLC and/or their affiliated companies (collectively “Mercado Libre”) and/or their local banking partners in the country, expressly and irrevocably, to act as their collection and payment agents, with the specific purpose of receiving, withholding, and settling payments to each seller, subtracting from the amount any sums owed to Mercado Libre, in accordance with these Terms and Conditions. The Foreign User agrees and accepts that they will not have the right to make claims against Buyers for the payment of products, and may only claim the settlement of such payments to Mercado Libre.

2.2. Buying

Wen purchasing a product from an international source, the Buyer is subject to the obligations and rights set forth in the Marketplace Terms and Conditions.

Additionally, the Buyer agrees that they will be the importer of the products into their country and that they are purchasing them exclusively for personal, family use, and not for commercial purposes.

As the importer, the Buyer must comply with all requirements, authorizations, and procedures required by the regulations in force for importing into their country. Furthermore, they must ensure that the international products are suitable and authorized for sale and use in their country; and bear the import costs.

The Import Costs are calculated based on an estimate of all expenses and customs costs that must be paid for the importation of the product, such as customs duties, taxes, and fees. The payment is the responsibility of the Buyer and is essential for the Carriers to carry out the customs import procedures on behalf of and at the expense of the Buyer.

The Buyer must pay the final purchase price, which will include the product price, shipping costs, and import costs, being aware. The Buyer acknowledges and agrees that there may be exchange rate fluctuations between the purchase date and the tax processing by customs. The final purchase price of a product of international origin will be indicated in the purchase flow, which starts upon clicking the “Buy” button and ends with the purchase confirmation notice.

In the case of returning a product of international origin, the Buyer may be considered an exporter from Brazil and, consequently, must comply with all current export regulations. When the return is due to reasons attributable to Mercado Libre or the Seller, we will refund the Import Costs; otherwise, these costs may not be refundable.

2.3. International Shipping

International shipments of products will be carried out through national and international transportation and logistics service providers and/or Correios, postal services and couriers (“Carriers”) that maintain commercial relationships with Mercado Libre or with the Foreign Seller.

Users authorize the Carriers and/or Mercado Libre to carry out, on their behalf and in their name, the customs procedures, the preparation and presentation of the necessary documentation in each case, and the payment of import duties, fees, and other corresponding taxes.

International shipments will be governed by the Terms and Conditions of Envios in Mercado Libre, except:

• The home pickup mechanism, which may be agreed upon in different ways between Foreign Sellers and Carriers;
• Anything related to the invoicing of the logistics and transportation service. In the case of international shipments, Mercado Libre will issue an invoice to the User corresponding to the amounts paid for this service;
• Any other particularity that is expressly stated in the product listings.

Users expressly and irrevocably authorize Mercado Libre to inform the Carriers of their personal data and all information related to shipments and/or products of international origin.

Mercado Libre may request Foreign Sellers to provide a local address and/or an address in their country of origin to receive returns of products in the event of a cancellation of a purchase and sale of products of international origin.

Mercado Libre may charge Foreign Sellers the difference between (i) the shipping amount estimated by Mercado Libre’s service related to the shipments and charged to the corresponding User; and (ii) the actual shipping amount effectively reported by the Carrier. If applicable, Mercado Libre will recalculate such differences taking into account the actual shipping amount reported by the Carrier and the fees and conditions in effect at that time.

3. Use of Envios Full

The Foreign Seller may use the Envios Full services of Mercado Libre’s Distribution Centers in Mexico and/or the United States, in accordance with the provisions of the Envios Full Terms and Conditions and Envios Full in the United States (available for US Sellers).

4. Fees and Invoicing

When making a Purchase and Sale operation or using the services of the MELI Ecosystem, the Foreign User must pay a fee for the IT services provided by Mercado Libre. Mercado Libre will generate the corresponding invoices for these costs with any of its affiliated companies.

Check more information about the applicable selling fees in the FAQ.

5. Use of Mercado Ads

The use of Mercado Ads services by the Foreign User is governed by the provisions set forth in the Terms and Conditions for Contracting Mercado Ads.

6. Sanctions

The operations of the Foreign User are subject to the prohibitions and sanctions outlined in the Terms and Conditions of the Mercado Libre websites where they are carried out.

Mercado Libre may warn, suspend, restrict, temporarily deactivate or shut down the Foreign User’s account across all websites if the Foreign User infringes any law, the Terms and Conditions, and/or the specific rules for using Mercado Libre’s services.

7. Personal Data

At Mercado Libre, we protect the privacy and personal data of all Users in accordance with applicable personal data protection legislation. 

If you are a Buyer and want to know more about how we protect your data, please check our Mercado Libre Privacy Statement.

If you are a Foreign User, please refer to: (i) the Privacy Statement for Sellers based in the United States; and/or (ii) the Privacy Statement for Sellers based in China.