Terms and Conditions for International Sales and Purchases
Last modified: Feb/09/2024
International Sales and Purchases and Foreign User’s use of the MELI Ecosystem services
This annex explains the rules of use of the applicable MELI Ecosystem services:
(i) To the international sales and purchases (the "International Sales and Purchases") between:
- A Seller from a foreign country (the "Foreign User"), who, from their country of origin, lists and offers their products for sale on the websites of Mercado Libre Mexico, Brazil, Colombia, and Chile; and
- A Buyer in Mexico, Brazil, Colombia, and Chile, who purchases a product from a Foreign User and imports it to their country (the "Buyer");
The International Sales and Purchases are governed by the regulations in force and by the Terms and Conditions of use of the Mercado Libre website where the International Sales and Purchases take place (the "Terms and Conditions").
(ii) To the Foreign User who uses the services of Envios Full, United States Envios Full, Mercado Ads, or other services of the MELI Ecosystem.
All transactions carried out by the Foreign User shall be governed by the Terms and Conditions and attachments of the Mercado Libre website where they are carried out.
1. Registration and account
The User must register with a Foreign User account, following the special process for this type of account. By doing so, they simultaneously accept the Terms and Conditions of Mercado Libre's websites in Mexico, Brazil, Colombia, and Chile. In this manner, they will be able to list products, sell internationally, and use other services of the MELI Ecosystem on the websites of those countries.
2. International Sales and Purchases
2.1. Selling
a) Obligations of the Foreign User
When making International Sales and Purchases, the Foreign User shall be the seller and exporter of the products.
As such: i) they shall comply with all the requirements, permits, and formalities required by law and the regulations in force for the sale and export at origin and the import and commercialization in the country of destination; ii) they shall be responsible for the compliance with the regulations in force and the criteria adopted by the customs authority and any authority in general of each country; and iii) they shall assume the costs related to the export of the products.
Listings must comply with the Marketplace Terms and Conditions, including the Listing and Prohibited Items Policies. They shall be written in the local language and identified with an "International Sales and Purchases" legend.
The Foreign User undertakes to comply with the obligations established for the seller in the Terms and Conditions of the Marketplace.
b) Price
The Foreign User will inform the price of the product in U.S. dollars, but in its listings, it will be expressed in local currency. For such purposes, the Foreign User authorizes Mercado Libre to convert the price to local currency and adjust it according to variations in the exchange rate.
Mercado Libre may add to the price of the product informed by the Foreign User the costs related to international shipping and/or import (if applicable).
The Foreign User may collect the price of their sales (i) through one or several transfers, made by Mercado Libre with any of its related companies, to a bank account owned by the Foreign User; and/or (ii) through other payment platforms operated by third parties, when enabled. In such cases, the Foreign User shall bear any service fee applicable to the use of such payment platforms.
c) Reputation
The Reputation System provided in the Marketplace Terms and Conditions applies to the Foreign User.
2.2. Buying
The obligations and rights provided in the Terms and Conditions of the Marketplace apply to the Buyer.
When making International Sales and Purchases, the Buyer will be the importer of the products to their country. As such, they accept that they are buying products coming from outside the territory of their country, for their personal, family, or social use or consumption, and with no commercial purpose. As an importer, they must comply with all the requirements, permits, and formalities required by the regulations in force for importation into their country. In addition, they must comply and ensure that the imported products are suitable for commercialization and use in their country.
In International Sales and Purchases, the Buyer shall pay the final purchase price which shall comprise the price of the product, shipping costs, and import costs (if applicable). The import costs will be calculated taking into consideration an estimate of all additional expenses that must be covered to import the product into Mexico, such as global customs fees, applicable taxes, and duties.
The final purchase price of the International Sales and Purchases will be indicated in the purchase flow, which will start with clicking on the "Buy" button and will end with the purchase confirmation notice.
In case of a return of a product from International Sales and Purchases, the Buyer will be the exporter from Mexico and must comply with all applicable export regulations. In these cases, the payment of import costs will not be refundable.
2.3. International Shipments
International shipments of the products will be made through national and international transportation and logistics service providers, and/or courier, parcel, postal, and courier companies (the "Carriers") that maintain commercial relationships with Mercado Libre or with the Foreign User.
The Foreign Users authorize the Carriers and/or Mercado Libre to carry out, on their own account and on their behalf, the customs formalities, the preparation and presentation of the necessary documentation in each case, and the payment of the corresponding import duties, fees, and other taxes.
International shipments will be governed by the Envios Terms and Conditions, except for:
- The pick-up mechanism, which may be agreed differently between the Foreign User and the Carriers;
- The invoicing of the transportation service. In the case of International Sales, Mercado Libre will issue an invoice to the corresponding User Person for the amounts paid by said User Person for this service;
- Any other particularity expressly informed in the Frequently Asked Questions.
The Users expressly and irrevocably authorize Mercado Libre to provide the Carriers with their personal data and all the information related to the International Sale and Purchase.
Mercado Libre may request from the Foreign Users a local address and/or an address in their country of origin to receive product returns, in the event of cancellation of International Sales and Purchases.
Mercado Libre may charge the Foreign User the difference between (i) the shipping value estimated by Mercado Libre's service related to the shipments and charged to the corresponding User, and (ii) the actual value of the shipment actually reported by the Carrier. If applicable, Mercado Libre will recalculate these differences taking into account the actual value of the shipment reported by the Carrier and the fees and conditions in effect at that time.
3. Use of Envios Full Service
The Foreign User may use the services of Mercado Libre's Distribution Centers in Mexico and/or the United States, in accordance with the provisions of the Terms and Conditions for United States Envios Full Service (available for U.S. Sellers).
4. Fees and Billing
When making International Sales and Purchases or using the services of Envios Full, Unites States Envios Full, Mercado Ads or other services of the MELI Ecosystem, the Foreign User shall pay a cost for the IT services provided by Mercado Libre. Mercado Libre will generate the invoices corresponding to such costs with any of its related companies.
To learn more about these costs, please access our Frequently Asked Questions.
5. Use of Mercado Ads
The use of Mercado Ads services by the Foreign User is governed by the provisions of Mercado Ads' Terms and Conditions of Contract.
6. Sanctions
The Foreign User's transactions are subject to the prohibitions and penalties set forth in the Terms and Conditions of the Mercado Libre websites where they are carried out.
Mercado Libre may warn, suspend, restrict, or temporarily or permanently disable the account of the Foreign User on all the websites, in case the Foreign User breaches a law, the Terms and Conditions, and/or the particular rules of use of Mercado Libre's services.
7. Personal Information
At Mercado Libre, we protect the privacy and personal details of all Users in accordance with the applicable personal data protection legislation.
If you are a Buyer and want to know more about how we protect your personal data, please check our Mercado Libre Privacy Statement.
If you are a Foreign User, we invite you to check: (i) Privacy Statement for United States-based Sellers; and/or (ii) Privacy Statement for Sellers located in China.
8. Special considerations for Mexico
8.1. Fees and billing
The Foreign User must issue the corresponding tax documents for international sales, in accordance with the Mexican tax legislation applicable in each case.
In turn, neither DeRemate.com de México, S. de R.L. de C.V., nor Mercadolibre, S. de R.L. de C.V., nor any of their related companies, are obligated to issue CFDI, since they are not the seller or trader of the product.
8.2. Warehousing of inventory of products of the Foreign User
The Foreign User may use the Envios Full services of a Distribution Center in Mexico and/or the United States (available for U.S. Sellers).
The Envios Full service implies temporary storage of products owned by the Foreign User at a Mercado Libre Distribution Center, with the scope detailed in each case for the Envios Full service and the United States Envios Full service.
When using Envios Full service at a Distribution Center within Mexico, the Foreign User must prove that the products are duly imported and in compliance with the regulations for commercialization in the Mexican territory. Furthermore, at Mercado Libre's request, the Foreign User must provide Mercado Libre with the invoices, import petitions and permits, packing lists, certificates of origin, bills of lading, tax receipts, and any other documentation that Mercado Libre deems necessary to register the entry of the products into Mexican territory.
In accordance with the tax regulations applicable in the Mexican Republic, the Foreign User must have a valid RFC in order to invoice the sales made to the Buyers. Mercado Libre will consider that an RFC is valid when it has been issued by the Servicio de Administración Tributaria (SAT) to a Mexican or foreign company that has accepted these Terms and Conditions, as well as the Website Terms and Conditions of use and met the registering requirements required by Mercado Libre, such as compliance with the Know Your Client processes. In the event that the ownership of the RFC corresponds to a Mexican company, by accepting the aforementioned terms and conditions, Mercado Libre will consider that the latter has granted a mandate to Mercado Libre for the payment of the sales of the products to the account indicated by the Foreign User.
8.3. Responsibility of Mercado Libre
Mercado Libre shall not be liable for the eventual return, withholding, embargo, delay, and/or seizure of the goods during customs clearance, and/or for any inconvenience suffered by the Buyer and/or the Foreign User and/or the Carrier in connection with customs procedures.