Terms and Conditions for Products of International Origin: Use of the MELI Ecosystem by Foreign Sellers - Chile

Products of International Origin: Use of the MELI Ecosystem by Foreign Sellers

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

(i) the buying and selling of internationally sourced products, which are sold by Foreign sellers (the “Foreign Sellers”) and imported and shipped to Chile from abroad.

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

All operations carried out by the Foreign Seller will be subject to the Terms and Conditions of the Mercado Libre website in which they are 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, they simultaneously accept the General Terms and Conditions of Mercado Libre websites and countries where Mercado Libre operates. This enables them to list and sell products of international origin and access other services within the MELI Ecosystem on the platforms of those countries.

2. International purchase of products of international origin

2.1. Sell 

a) Obligations of the Foreign Seller

The Foreign Seller will act as the seller and 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.

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.

The listings must respect the General Terms and Conditions of the Marketplace which include the Listing and Prohibited Articles Policies. They shall be written in local language and identified with an "International Purchase" caption.

The Foreign Seller User undertakes to comply with the obligations established for the seller in the Marketplace Terms and Conditions.

b) Price

The Foreign Seller will set the selling price in United States dollars, but it will be expressed in local currency in their listings. 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 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 through 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. 

2.2. Buying

When buying a product of international origin, the obligations and rights provided in the Marketplace Terms and Conditions apply to the Buyer.

In addition, the Buyer accepts that they will be the importer of the product to their country and that they are purchasing it exclusively for their personal or family use or consumption, with no commercial purpose.

As an importer, the Buyer 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, as well as cover the Import Costs.

The Import Costs will be calculated taking into consideration an estimate of all additional expenses and costs associated with Customs that must be covered to import the product, such as global customs fees, applicable taxes, and duties. Its payment is the Buyer's responsibility and is essential so that the Carriers can carry out the customs procedures for importation, on behalf and for the account of the Buyer.

The Buyer shall pay the final purchase price, which shall comprise the price of the product, shipping costs, and Import Costs. 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 of International origin, the Buyer will be the exporter from Chile and must comply with all applicable export regulations. In these cases, the payment of import costs prior to return shall not be refundable. When the return is due to reasons attributable to Mercado Libre or the Seller, we will refund the Import Costs; if not, those costs may 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 parcel, postal and courier companies ("Carriers") that maintain commercial relationships with Mercado Libre or the Foreign Seller.

Users authorize the Carriers to carry out, on their behalf and in their name, 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.

Find out which carriers are available for international shipments from China and the United States in the Frequently Asked Questions. 

International shipments will be governed by Mercado Envios Terms and Conditions, except for:

  • the pick-up mechanism, which may be agreed differently between the Foreign Sellers 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 for the amounts paid by said User 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 shipments and/or products of international origin.

Mercado Libre may request from the Foreign SellersUsers a local address and/or an address in their country of origin to receive product returns, in the event of cancellation of a product of international origin.

Mercado Libre may charge the Foreign Seller 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. Mercado Envios Full use

The Foreign Seller may use the services of Envios Full at the 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 an international purchase or using the 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. Mercado Ads use

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 sanctions 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 in 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 Data

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

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

If you are a Foreign User, we invite you to check: (i) Privacy Statement for US-based Sellers; and/or (ii) Privacy Statement for China-based Sellers.

8. Special considerations for Chile

8.1. Use of Envios Full by Foreing Sellers

This Annex explains the modality and rules for the use of Mercado Envios Full Services by the Foreign User.

The use of Mercado Envios Full Services is also governed by the General Terms and Conditions of Mercado Libre, Mercado Libre Marketplace, Envios, Envios Full and the  product from an international source use of MELI ecosystem services, as applicable.

The Foreign User will use Envios Full Services, pursuant to the provisions of this annex, respecting the principles of good faith and transparency, both in their relationship with Mercado Libre and with the Chilean intermediary.

8.2. Special rules for the use of Envios Full Services

(i) The operation of the Envios Full Services, within Chile, requires the intervention of a Chilean company (the "Intermediary"), which is responsible for importing, internar, marketing and selling the Goods through the Website;

(ii) For the purposes of using the Envios Full Services, the Foreign User and the Intermediary shall jointly manage the account of the Foreign User. The Intermediary shall be entitled to: 

  • Visualize the sales made and the prices set by the Foreign User;
  • Suspend the Foreign User account user, for serious and qualified reasons;
  • Receive at their domicile the Goods subject to the exercise of the Foreign User's withdrawal powers, according to the provisions of Mercado Envios Full Terms and Conditions; and
  • Schedule and coordinate the entry of Goods at the Distribution Center (Full).

(iii) The Foreign User declares that it has an agreement with the Chilean Intermediary to regulate the administration of their user account in Mercado Envios Full.

8.3. Prices

The Foreign User designates and authorizes MercadoLibre Chile Ltda. and/or Global Selling, LLC and or any of their related companies (collectively "Mercado Libre") and/or their local banking partners in the country, expressly and irrevocably, to act as its agents for the limited purpose of receiving, withholding and settling payments to each Seller, subtracting any amount owed to Mercado Libre, pursuant to these Terms and Conditions. The Foreign User agrees that it shall not have any claim against the Buyers for the payment of the products, and that it may only claim the settlement of such payments from Mercado Libre.

8.4. Responsability

All transactions carried out by the Foreign User within the MELI Ecosystem shall be executed in good faith and transparency, complying with the specific rules set forth in this Annex and in Mercado Libre's Terms and Conditions and with all applicable laws and regulations in force. Otherwise, Mercado Libre may sanction the Foreign User or the Intermediary, in accordance with the provisions of the Terms and Conditions.

 

 

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