Terms and Conditions for Envíos Mexico
Last update: 8/Sept/2023
The terms and conditions of Envios are part of the General Terms and Conditions of the Website. Therefore, by accepting the latter at the time of the User's registration, the policies detailed herein are also accepted.
The Envios Terms and Conditions describe the rights, obligations, and responsibilities that the User must respect if they decide to use the Envios Tool.
Any infringement of these Terms and Conditions may result in penalties for Users, up to and including the shutdown of their accounts.
Any User who does not accept the Envios Terms and Conditions and/or Mercado Libre's General Terms and Conditions, which are mandatory and binding, must refrain from using the Website (as defined in the General Terms and Conditions of the Website) and/or the Envios Tool.
Mercado Libre reserves the right to reject a request for the use of the Envios Tool or to cancel or suspend, with or without cause, temporarily or permanently, the use of the Envios Tool, without such decision giving rise to any indemnity or compensation rights for the User.
1. The Envios Tool
It is a technological tool offered by DeRemate.com de México, S. de R.L. de C.V. ("Mercado Libre") with the purpose of facilitating the shipment of a certain product advertised in websites or applications that use Mercado Libre's technology, using transportation and/or logistics and/or postal services provided by third parties (the "Parcel and Shipping Companies").
Mercado Libre is limited to providing the technological solution that allows:
- Calculation of the value of the shipment,
- Generation of labels for the subsequent shipment of the product,
- Tracking of the shipment by the Users,
- Contracting by the Buyers of the shipping service of a good,
- Reception and management of the complaints between the Users and/or the Parcel and Shipping Companies.
All of the foregoing, hereinafter referred to as the "Mercado Libre Envios Related Service". It is hereby stated for the record that the Envios Related Service in Mercado Libre is part of the services provided by Mercado Libre to its Buyers and Sellers and that it allows: a) the Sellers to publish goods or services through listings that facilitate the encounter between supply and demand, receive secure payments for the goods or services sold and ship the products to buyers in a fast, traceable and secure manner; and b) the Buyers to search and browse listings of goods or services published by Sellers, make secure payments for the goods or services purchased and receive the products in a fast, traceable and secure manner.
The Parcel and Shipping Companies will be the ones who will directly perform the shipping services for the Users when such services are contracted through the Envios Tool (the "Companies' Service").
Mercado Libre's sole and exclusive participation with respect to the Companies' Service is limited to referring Users who request the contracting of such Companies' Services, as well as to providing the Envios Related Service on Mercado Libre as defined above.
For the purposes of these Terms and Conditions, “Envios Tool" shall be understood as a concept that includes the Shipping Related Service in Mercado Libre (to be provided by Mercado Libre) and the Companies' Service (to be provided directly by the Parcel and Shipping Companies).
2. Availability of the Envios Tool
The Seller shall offer the Envios Tool in their listings, provided that (i) such tool is available in the category corresponding to the product listed, (ii) the product in question is admitted by the Parcel and Shipping Companies for the provision of the Companies' Service and (iii) the Seller has entered in their registration information a valid address within the Mexican Republic that is covered by the Companies' Service.
The Seller is responsible for correctly categorizing the product to be listed and for verifying the availability of the Companies' Service for such property. Any consequence derived from the incorrect categorization of the good to be listed or from the omission of the verification of the limitations regarding the Companies' Service will be assumed by the Seller (for example, higher shipping cost or impossibility to transport the product).
The Seller will provide its Buyers with the delivery options available through the Envios Tool. On Mercado Libre's platform, there will be no possibility to choose other delivery options.
In order to improve the User's experience, Sellers that meet certain objective requirements related to a minimum volume of sales and geographic location may be included exclusively in a specific delivery option of the Envios Tool.
3. Costs and billing for using the Envios Tool
Mercado Libre will inform the costs of the Envios Tool to the Users (to the Seller in the listing flow and to the Buyer in the listing of the product to be transported). The Seller will receive the invoice breakdown for the use of the Envios Tool, regardless of which User (Seller or Buyer) has assumed the final cost for the use of the Envios Tool. In case the Seller has opted for the shipping cost to be paid by the Buyer, the Seller undertakes to include the shipping cost and the price of the product in the corresponding tax document.
The Seller expressly agrees not to charge or request any additional money from the Buyer for matters relating to the use of the Envios Tool under any circumstances.
4. Cost at the Seller’s expense
The Seller may offer the option of “Free shipping" in their listings. By selecting this option the estimated costs for the delivery of the product using the Envios Tool will be informed. The Seller shall bear all the costs for the use of the Envios Tool in the “Free shipping" mode, respecting all the clauses included in the Envios Terms and Conditions and other General Terms and Conditions of Mercado Libre.
Mercado Libre may establish that certain Sellers offer the Envios Tool at their own cost for their listings for prices equal to or higher than an amount set by Mercado Libre and/or, if applicable, Mercado Libre may decide to subsidize the shipping costs or determine that such cost be shared with the Buyers, in accordance with the benefit policy defined by Mercado Libre. Learn more about shipping costs and possible subsidies.
5. Obligations of the Seller regarding the use of the Envios Tool
Accordingly, the Seller is obligated to:
- Deliver the goods to be transported at any duly authorized admission point or request their pickup (in case this option is available) in perfect conditions, as soon as possible after the sale has taken place and no later than the time indicated by Mercado Libre when notifying the Seller of such sale.
Once this time frame has expired (i) the tracking of the shipments may be affected or unavailable, or (ii) the Parcel and Shipping Companies may refuse to accept the shipment. In the latter case, the Seller shall agree upon the shipping method directly with the Buyer. In this case, the Seller will be fully responsible for any extra charges originated by the shipment of the product, including the charges generated by the use of the Envios Tool (even if the availability of the Envios Tool has been limited due to causes attributable to a person other than Mercado Libre or the Parcel and Shipping Company). Learn about the requirements for using the Envios pickup.
- Deliver the package with the transportation order (label) properly attached, which must contain reliable information for delivery (including, for example, truthful information about the weight, volume and description of the product to be shipped). The incorrect and/or improper use of the labels shall lead to the application of the penalties provided for in these Envios Terms and Conditions, without prejudice to the Seller's liability for damages resulting from this infringement.
It is the Seller's obligation to condition and pack the goods in a manner adequate to protect them during shipping, and for this purpose the Seller shall comply with the following provisions: the shipment must be closed and provide conditions that ensure the protection of the contents (with a level of protection considered as if the Parcel and Shipping Company did not have services capable of carrying out the admission and transport of a fragile shipment), the physical integrity of the persons who handle it and - in general - of the goods of third parties, with prismatic packaging and conditioning, without projections that exceed the packaging, without previous postal labels or United Nations certifications or safety square and duly conditioned in such a way as to avoid spills in case of liquids.
In addition, the Seller may not, under any circumstances, use the label issued by the Envios Tool to ship products that do not correspond to the content.
In case of an infringement of any of the obligations set forth above, the Seller shall be liable for any damage or loss suffered by Mercado Libre and/or the Parcel and Shipping Company and/or any third party in general.
6. Procedure for using the Envios Tool
The Buyer, upon choosing to use the Envios Tool in Mercado Libre and entering the address where they wish to receive the shipment in the tool made available by Mercado Libre, will be informed about (i) the availability of the Envios Tool for the address entered and, if applicable, (ii) the shipping costs to be paid if they decide to hire such Envios Tool.
Such cost will be displayed separately from the value of the product offered and may be paid only through the use of the online payment and collection services offered by Mercadolibre, S. de R.L. de C.V. through its online platform called Mercado Pago (hereinafter, "Mercado Pago").
The Buyer who chooses to purchase a product where the listing offers the Envios Tool must provide complete and accurate information for the shipment and receipt of the product. The Buyer acknowledges that they shall be solely responsible for any consequences resulting from a breach of this obligation.
Once the Buyer has completed the information for the shipment of the product in question, paid the value of the product offered and the shipping cost calculated by Mercado Libre (if applicable), the Seller will receive the information uploaded by the Buyer for the shipment of the product, for which reason the Seller must: (i) print the transport orders (labels) for the shipment of the product, (ii) properly close and package the product to be shipped, respecting for such purpose the nature of the product as applicable, following the guidelines included in these Terms and Conditions and those listed on the website of the corresponding Parcel and Shipping Company, and (iii) deliver the product to be shipped under any duly authorized mode of admission to the corresponding Parcel and Shipping Company.
7. Products that could not be delivered
- Products not delivered to the Buyer's address
If the Buyer chose to receive the product at their address and, for any reason beyond the control of Mercado Libre and/or the Carriers, the product could not be delivered to the Buyer (for example, because the address is inaccurate, because no one was available to receive the product or for any other reason), the Carrier shall:
(i) Safeguard the product
If the product remains in the Carrier's custody, the Buyer will be informed of this circumstance and will have five (5) working days to pick up the product from the Carrier's address during the Carrier's business hours.
If the Buyer does not pick up the product within 5 (five) days, the sale will be considered cancelled. Consequently, the product will be returned to the Seller and the Buyer will be refunded.
(ii) Return the product to the Seller
If at the moment of returning the product to the Seller, the latter is not at the Seller's address to receive it or rejects it, the product will be sent again to the Carrier's offices. The Seller will be informed of this situation and, from this notice, the Seller will have up to 60 (sixty) calendar days to pick up the product from the Carrier's address during the Carrier's business hours and pay any storage costs.
If the product is not picked up by the Seller within the aforementioned term, the provisions of clause 7 of these terms and conditions shall apply, and Mercado Libre may sell, donate, destroy or recycle them, pursuant to the terms set forth therein.
(iii) Have the product available
If, for any reason beyond Mercado Libre's and/or the Carriers' control, after the stages set forth in the preceding paragraphs have been completed, the Carriers are unable to deliver the product to the Buyer or return it to the Seller, the procedure set forth in the applicable law will be followed.
- Products not picked up from the Carrier's premises
If the Buyer has chosen to receive the product at a branch of the Carrier, and then fails to pick it up, the order shall be deemed cancelled, the product shall be returned to the Seller in accordance with the procedure in clause 6.a (i) above, and the Buyer shall be refunded their money.
- Disposal of undelivered products
When the applicable law does not determine a specific procedure for the disposal of undelivered products, Mercado Libre may sell, donate, destroy or recycle them, under the terms set forth in clause 7 of these terms and conditions.
- Products that could not be delivered by Flex Carriers
In cases where a Flex Carrier was involved and the product could not be delivered to the Buyer, the Flex Carrier shall return the product to the Seller.
Any issues related to the return of the product shall be the sole responsibility of the Seller in accordance with the terms and conditions of Envios Flex.
8. Order cancellation
If the Buyer used the Envios Tool, it will be understood that they cancelled the purchase when they:
- return a product to the Seller and/or
- cancel the purchase of a product after the product was shipped to the Seller
In these cases, Mercado Libre will charge for the use of the Envios Tool.
Likewise, the Seller shall:
- accept the return of the product within 30 (thirty) days of receipt by the Buyer, and
- pay for the costs associated with the return, including shipping costs.
Mercado Libre shall:
- debit these charges from the Seller's Mercado Pago account
- make labels available for the Buyer to complete the return if the Envios Tool has been used.
If the User was compensated through Mercado Libre's protection programs (such as, for example, the Seller Protection and/or Protected Purchase Programs), Mercado Libre may consider that the User:
(i) transferred all rights over the products not picked up. This means that Mercado Libre may sell them to third parties without generating additional costs for the Users; or
(ii) granted a mandate in its favor. This means that Mercado Libre will be authorized to, at its discretion:
- donate the product at the User's expense and order to a non-profit institution of Mercado Libre's choice;
- destroy or recycle it at the User's expense, or;
- deliver it to the competent authority so that it may proceed in accordance with any applicable regulation.
9. Reimbursement of expenses and other deductions
The Buyer and the Seller expressly authorize Mercado Libre to debit any cost incurred by Mercado Libre in connection with the use of the Envios Tool, through Mercado Pago, from the Buyer's account, except in the event that Free shipping has been selected, in which case any applicable amount may be deducted from the Seller's account. Likewise, Mercado Libre reserves the right to charge the Seller for the difference between the shipping value determined by Mercado Libre's Service and charged to the User and the applicable value for the shipment actually reported by the Parcel and Shipping Companies in the event that the Envios Tool is improperly used by the Seller and/or the information provided by the Seller is incorrect). The Seller expressly authorizes Mercado Libre to automatically charge and debit from its Mercado Pago account the amounts related to the use of the Envios Tool in the event that any Buyer makes any charge dispute, chargeback, or reversal of the purchase transaction involving such operation.
10. Seller Liability
The Seller shall be absolutely liable, shall exempt Mercado Libre and the corresponding Parcel and Shipping Companies from all liability and shall hold Mercado Libre and the corresponding Parcel and Shipping Companies harmless, assuming any consequence that may arise (including, without limitation, the payment of any additional cost that may be applicable), if due to the Seller's willful misconduct or fault: (i) the details to make the delivery of the package by the Parcel and Shipping Company and receive returns were erroneously or falsely completed; (ii) the products were incorrectly closed and/or packed to be shipped; (iii) the details to calculate shipping costs (e.g., incorrect product categorization) were erroneously or falsely completed; and/or (iv) the Envios Tool is used to ship any of the products in infringement of the shipping conditions and/or products expressly prohibited by these Terms and Conditions and/or by the General Terms and Conditions of the Website and/or by the applicable legislation for their transportation and/or products that are not accepted by the Parcel and Shipping Company, which may be detailed explicitly in these Shipping Terms and Conditions.
The Seller undertakes to deliver to the relevant Parcel and Shipping Company any document that may be required by any authority or that may be necessary to transport the goods in accordance with the relevant legislation in force. By virtue of this, the Seller acknowledges that it shall be solely responsible for the lack of delivery of such documentation, and its lack may not be invoked to attribute a breach to the Parcel and Shipping Company.
Furthermore, the Seller authorizes the relevant Parcel and Shipping Company to inspect the shipments, without prior request, whenever such inspection is required for security reasons, customs inspection, request of any competent authority or for any other justified reason.
11. Buyer Liability
The Buyer will be fully liable, will exempt Mercado Libre and the Parcel and Shipping Companies from all liability, and will hold Mercado Libre and the Parcel and Shipping Companies harmless, if due to their willful misconduct or fault (i) they erroneously or falsely enter the necessary information to deliver the package and/or (ii) do not have a person who can receive the shipment or pick it up at the place selected by the Buyer.
12. Acknowledgments and User Statements
Users acknowledge and accept that Mercado Libre's activity, through the Service related to the shipment of Envios by Mercado Libre, is limited to the activities described in clause 1 of these Terms and Conditions. Consequently, Users understand and acknowledge that Mercado Libre does not own, possess or sell the items advertised by the Sellers, nor does it transport them in any way, for which reason they understand and accept that Mercado Libre cannot be held responsible for the Service of the Companies referred to by the different Parcel and Shipping Companies, nor for the goods delivered and/or contained inside the packages delivered by the Parcel and Shipping Companies, since it does not provide the Companies’ Service and it is not the party that dispatches the products involved. Thus, the Users acknowledge and accept that the Seller is solely responsible for the existence, condition, quality and quantity of the goods shipped, in accordance with the listing made by them.
The Buyer and the Seller acknowledge and accept that Mercado Libre is not responsible for any of the activities of the Parcel and Shipping Companies, or the actions of their employees, as well as for events of force majeure or unforeseeable circumstances that prevent or delay the use of the Envios Tool. Force majeure or fortuitous events are those natural or human events, respectively, both of an unforeseeable or unavoidable nature, beyond the control of Mercado Libre and the Parcel and Shipping Companies that make it impossible for the Parcel and Shipping Companies and/or Mercado Libre to comply with their obligations in whole or in part, despite having acted with due diligence. In particular, Mercado Libre will not be liable for technical, mechanical, electrical, magnetic, electronic, photographic or recording damages that the products transported may have. Users understand and acknowledge that in the event of any fortuitous event or force majeure, breakdown or destruction of the goods transported due to their own defect, it will be understood that the goods are transported at the risk of the User who is the owner of the goods and, therefore, the User will be responsible for any losses, damages and breakdowns suffered or caused during the transportation.
13. User Liability
Both the Buyer and the Seller are responsible for the accuracy of the information required by Mercado Libre's platform (which, by way of example, will be in terms of personal information and categorization of the goods), and the Parcel and Shipping Company shall not be liable if, at the time of dispatching the shipment, it is not accepted by the Seller due to false or incorrect information provided, or at the time of picking up the shipment, it is not delivered to the person designated by the Buyer due to lack of authorization to do so. The Buyer and the Seller expressly agree that all the data necessary for the use of the Envios Tool and the determination of its price will be collected and stored by Mercado Libre, which may transmit them to the selected Parcel and Shipping Company for the sole purpose of facilitating the Service of the Companies. The Parcel and Delivery Company will not be authorized to collect the information for other purposes unless this is accepted by the Users directly with the Parcel and Delivery Company (as the case may be).
In addition, the Seller shall be liable for any breakage, damage, or destruction suffered or caused by the goods transported as a result of defects in the goods or their packaging. The Buyer acknowledges and accepts that upon receipt of the shipment under the Companies' Services, it is advisable to check the general condition of the shipment as well as its contents and to make any claim for damages as soon as possible, since the applicable claim terms are very short, and Mercado Libre will not be liable for the consequences of the Buyer's delay in filing the pertinent complaints against the Parcel and Shipping Companies. Likewise, the Buyer acknowledges and accepts that it may reject the shipment received under the Companies' Service if it is damaged, and is under no obligation to accept it.
14. Liability of the Delivery Companies providing the Company's Service
In the event of loss and/or damage suffered by the product(s) during shipment, exclusively due to causes attributable to the Parcel and Shipping Companies providing the Company Service, the affected User may pursue the responsibility and repair of the damage caused by them directly to them.
15. Restricted products
Furthermore, Users acknowledge that shipments they schedule through the Envios Tool may not consist of flammable, corrosive, explosive, perishable (including, without limitation, fertile eggs), precursor chemicals, cash, metallic coins or any other valuables, works of art, electronic cigarettes, furs and skins of endangered animals, ivory, credit, debit or purchase cards, lottery tickets and/or any other type of gambling vouchers, jewelry, plants, animals or any other type of species or living or dead organisms, liquid elements in packages that do not contain spills and/or fragile elements and/or substances of an infectious and/or dangerous and/or deleterious and/or toxic and/or polluting nature, firearms of any kind, gunpowder, ammunition and the like, radioactive materials, any other element that endangers the safety or integrity of the goods of the Parcel and Shipping Company, and/or of the persons and/or of the shipments in general, narcotics or any other substance and/or material whose use or possession is legally punishable or that have been obtained in violation of the customs code and/or of any other regulations in force, as well as goods whose transportation and/or circulation is prohibited, restricted or requires special treatment (transportation measures different from general cargo) or qualification and/or units different from the distribution of general cargo in the Mexican Republic, such as, for example, cold chain, or is not accepted by the Parcel and Shipping Company.
The preceding list is merely exemplary, and the User must verify if there are any additional restrictions in the Mercado Libre platform or in the website of the corresponding Parcel and Delivery Company.
For all purposes, Users acknowledge and accept that the mere fact that a category on Mercado Libre's platform is shown as enabled for the use of the Envios Tool does not imply an obligation of Mercado Libre to allow the use of the Envios Tool, nor an obligation of the Parcel and Shipping Companies to provide the Companies' Service or to accept the imposition of packages containing prohibited items according to the regulations governing their activity. Likewise, Users acknowledge and accept that neither the Parcel and Shipping Companies nor Mercado Libre will be responsible for accepting such unacceptable products. The Seller is solely and exclusively responsible for the acceptance of the shipments to be imposed, for which reason the Seller undertakes to indemnify and hold harmless both companies from any possible contingency that may arise against it as a direct or indirect consequence of the violation of the transportation conditions referred to in this paragraph.
16. Insurance
The use of the Envios Tool does not include insurance. If a User wishes to take out insurance, it must do so at their own expense.
When a User contracts insurance with respect to the goods to be transported through the Envios Tool, such User shall require its insurer to include a clause whereby such insurer expressly waives the right to bring any action for recourse and/or any other action that may correspond to it against Mercado Libre and/or any Parcel and Shipping Company that provides the Company Service in the event of any loss or damage that may affect the insured goods and/or third parties.
17. Customer service for complaints
In the event that the User has a complaint regarding the use of the Envios Tool, they must contact Mercado Libre through the channels enabled by the latter, so that Mercado Libre may manage the respective complaint processes.
18. International shipments
In the case of international shipments, the Users declare that they are aware and accept that the products transported, even internally, may be subject to controls by customs, police, postal, sanitary, agricultural, livestock, or other agencies that may legally request the intervention in the commission of the service of the Parcel and Shipping Companies, and that such actions may result, for example, in the collection of import duties in the country of destination, such as customs duties and taxes, which are not included in the fee for the use of the Envios Tool and, if applicable, shall be paid at destination to the corresponding administrative authority by the Buyer.
19. Annexes
In the following links, you may consult the Terms and Conditions of the different modalities and Programs related to Envios.