Envios Full Terms and Conditions

Last update: 06/2/2022

These terms and conditions (the "Envíos Full Terms and Conditions") establish the rules for the use of the service offered by DeRemate.com de México, S. de R.L. de C.V. ("Mercado Libre") for the temporary safekeeping, order processing and order preparation (the "Envíos Full Service") of certain goods owned by the Seller Users (the "Goods") that such users intend to offer through the website, applications and other e-commerce platforms operated by (or that use the technology of) Mercadolibre, S. de R.L. de C.V. and/or its related companies (collectively, the "Website").

The Envíos Full service is an additional, optional and complementary service to the Envíos service and requires and implies the acceptance of and compliance with its terms and conditions and all other policies and principles incorporated therein by reference.

1. Scope of Envíos Full Service

The Envíos Full Service includes the reception, classification, temporary storage, collection, packing, outer packaging (where applicable), labeling and order preparation of the Goods received at the distribution center (as defined below), all in accordance with the information provided by the Seller Users; and the delivery of such Goods to third party transportation and/or postal service companies (the "Delivery and Shipping Companies") within the framework of the Envíos Service, for delivery to the final recipient (Buyer User through the Website).

Envíos Full's services shall under no reason or circumstance be construed as the lease of space or as the rendering of transportation, parcel delivery, deposit or any other similar or analogous services, since it is an atypical solution developed by Mercado Libre for the benefit of the Seller Users as a complement and in addition to the activities carried out by such Seller Users on the Website.

2. Operation of Envíos Full Service

2.a. Access to Envíos Full Service

Access to Envíos Full Service requires that the Seller User requests it to Mercado Libre, and that Mercado Libre accepts such request.

Mercado Libre reserves the right to reject a request for Envíos Full Service or to cancel or suspend at any time, without prior notice, with or without cause, temporarily or permanently, the
provision of Envíos Full Services, without such decision giving rise to any indemnity or compensation rights for the User.

The use of the Envíos Full Service by the Seller User requires the use of the Envíos Service for the delivery of the Goods to the Buyer User once such Goods have been sold.


2.b. Delivery of Goods


2.b.1. Place of delivery

The Seller User must deliver the Goods subject to the Envíos Full Service at the location indicated by Mercado Libre (the "Distribution Center").


2.b.2. Limitation of use of the Distribution Center

The Seller User may not use the address of the Distribution Center for the purpose of receiving any type of correspondence or parcels outside the Envíos Full Service. The Seller User will not have access to the Distribution Center and therefore will not be able to use the Distribution Center to perform tasks on its Goods (e.g. labeling, kitting, sorting, packaging).

The User Seller undertakes to respect at all times, and to make its employees or contractors or its related companies respect, the safety and hygiene policies established in the Distribution Centers, as well as to abide by the measures indicated by Mercado Libre for such purpose. It is strictly forbidden to engage in conduct that may damage the integrity of the persons and/or goods inside the Distribution Centers and/or interfere with or disclose the operation processes carried out therein subject to the confidentiality obligation set forth in art. 9.d of these Envíos Full Terms and Conditions, including without limitation by taking and/or publishing photographs, video or audio. Mercado Libre may temporarily or indefinitely deny access to any person or company that contravenes the foregoing.


2.b.3. Goods eligible for Envíos Full Service

Mercado Libre will only receive the Goods (i) for which the Seller User has requested the Envíos Full Service, (ii) in the quantities for which Mercado Libre has previously confirmed the availability of space, (iii) that are delivered on the day and at the time agreed with Mercado Libre, (iv) provided that such Goods comply with all the requirements set forth in these Envíos Full Terms and Conditions.

The Seller User accepts that once the goods have been received by Mercado Libre, they may be transferred, at Mercado Libre's discretion, to any of its Distribution Centers.


2.c. Requirements for receipt of Goods at the Distribution Center


2.c.1. Requirements on Goods

  1.  Have affixed the following labels provided by Mercado Libre through the system: (i) label with the "Meli SKU" number on the packaging of the Good (individual box) and (ii) label with the "inbound shipment" number on the packaging of volumes containing the Good ("master" box).

  2. Goods with standardized barcodes such as UPC or EAN are also acceptable. 

  3. To be included in the authorization to enter the Distribution Center. 

  4. Goods whose commercialization and storage is not prohibited by applicable laws and/or by the Website's General Terms and Conditions and whose transportation is not prohibited according to the Terms and Conditions of Envíos' Service.

  5. Be original and not infringe any intellectual property rights. 

  6. Be published for sale on the Website on a paid basis (does not apply to free publications).

  7. Comply with all the requirements for its commercialization, having any necessary permit and/or authorization, as well as complying with the labeling requirements, regulatory information and safety measures required by applicable standards.

  8. No special conditions are required for their safekeeping.

  9. Not being potentially hazardous Goods for handling, storage and/or transportation.

  10. Comply with the dimensions, weight and maximum quantities authorized by Mercado Libre.

  11. Being Goods owned by the Seller User and over which such Seller User has full right of disposal.

  12. To be new.

  13. Be in perfect condition (including, without limitation, not having suffered any type of damage) and be suitable for safe storage and commercialization (including, without limitation, not being expired or contaminated with pests or fungi, among others) at Mercado Libre's discretion.

  14. Be properly packed in its original box or wrapping (as published on the Website, and in adequate protection conditions for its transportation to the Distribution Center).

  15. To have paid, with respect to the Good, all applicable taxes and other duties.

  16. In the case of Goods of foreign origin, they must be duly imported (import formalities completed and taxes and duties paid), comply with all applicable regulations in Mexico to commercialize the Good (e.g., metrology, safety, environmental, consumer protection, NOMs, etc.) and with the minimum publication value requirement indicated from time to time in the frequently asked questions.

  17.  In the case of perishable goods, they must have a minimum remaining expiration date of 90 (ninety) days from their arrival at the Distribution Center.

  18. In the case of mass consumer goods (supermarkets and health supplies), they must comply with commercial labeling in Spanish in accordance with applicable regulations and NOMs.

2.c.2. Detection of Restricted Goods

Mercado Libre shall at no time be liable before any authority or any third party for the shipment of Goods by the Seller User that are prohibited by law, these Envíos Full Terms and Conditions, Envíos Terms and Conditions and/or any terms and conditions and/or policies of the Site. Neither will Mercado Libre be liable for the shipment of Goods by the Seller in respect of which Mercado Libre has informed the Seller User that it will not provide the Services.

In the event that, at any time, a package is detected at a Distribution Center that represents or could potentially represent a danger for the provision of Mercado Envío Full Service or that could in any way compromise Mercado Libre, in Mercado Libre's opinion, and without such decision being challenged by the Seller User, such package will not be delivered to the Buyer User and/or will be kept at such Distribution Center. Mercado Libre may deliver such package to the competent authority or destroy it, without any liability whatsoever for Mercado Libre vis-à-vis the Seller User or any bona fide third party. All of the above without the need for any communication, order, or any type of prior authorization from the Seller User, nor the express consent of the latter.

Likewise, in the event that any Good causes damage to the Distribution Center, to the personnel and/or to Goods belonging to third party Seller Users, because they are dangerous products by nature or that require special attention and/or conditions for their conservation and/or safekeeping, and the Seller User has not so indicated to Mercado Libre, the Seller User shall be liable for each and every one of the damages caused by such Good.

 Notwithstanding the foregoing, the Seller User is obliged to comply with the payment of the Envíos Full Service used.

In the event of any inquiry, inspection and/or investigation by the authorities, the Seller User and/or any other person with legitimate interest shall provide all the information, cooperation and support requested by the competent authorities. 


2.c.3. Information and documentation


2.c.3.1.Information

The Seller User undertakes to inform Mercado Libre about the specifications, care measures and, in general, particularities of the Goods that may in any way affect (positively or negatively) the rendering of Envíos Full Services. Among others, the Seller User must inform Mercado Libre:

  1. Any situation that implies technical limitations with respect to Envíos Full Services and/or the Goods, especially those related to the transportation, handling and risk of deterioration of the Goods.

  2. Any legal or administrative provision affecting the Goods, including those affecting their handling and any limitation or particularity related to the safekeeping, handling, transportation and risk of deterioration of the Goods, providing, as the case may be, guides and safety sheets if necessary.

  3. Any technical problems with the packaging of the Goods, over-dimensions or any other issue that may hinder the handling, safekeeping and transportation of them.

If applicable, the Seller User and Mercado Libre shall agree on the rendering of ancillary services with respect to any Goods that may be subject to specific management and regulation measures, including -without limitation- Goods subject to environmental restrictions, acknowledging and accepting that the management of these Goods may be subject to additional costs or considerations.

At all times, Mercado Libre reserves the right to refuse to provide Envíos Full Services, in the event that technical conditions, specific regulations or environmental restrictions affect the handling of the Goods or Mercado Libre's operation in any way (for example, by increasing costs), at Mercado Libre's sole discretion and/or unilateral determination, without such decision being questioned and/or objected to by the Seller User.


2.c.3.2 Documentation

During the provision of Envíos Full Services, certain documentation and information of different nature must be issued by the Seller User and delivered to Mercado Libre, as required by the latter. Said documentation shall be a necessary condition for the rendering of Envíos Full Services during the normal course of the transaction.

The Seller User must at all times have all the necessary information and documentation supporting the conditions set forth in these Envíos Full Terms and Conditions and must submit it to Mercado Libre at the time of delivery of the Goods and/or at any other time Mercado Libre so requires.

Without implying any limitation whatsoever, the Seller User must credit Mercado Libre:

(i) for all Goods:  

  1. documentation supporting the legitimate ownership and/or the right to dispose of the Goods,

  2. documentation supporting the transfer, delivery and storage of the Goods, in accordance with the applicable regulations and the requirements of the competent authorities,

  3. any special permits required for the commercialization of the Goods (licenses, permits, authorizations, and approvals), and any other documentation deemed necessary.

(ii) in the case of Goods of foreign origin: the corresponding invoices and/or import request forms/permits and/or packing lists and/or certificates of origin and/or bills of lading and/or tax receipts, as well as any other documentation that Mercado Libre deems necessary to prove the legal introduction of the Goods into Mexico.

In addition or alternatively, at Mercado Libre's discretion, the Seller User must deliver a letter of responsibility regarding the ownership of such Goods. Otherwise, Mercado Libre may refuse to provide Envíos Full Services without any liability whatsoever. In the event that the lack of such documents generates a contingency, the Seller User shall carry out, at its sole cost and expense, the necessary steps to solve the inconvenience and, if applicable, release the Goods and the material and human elements used for the rendering of Envíos Full Services that may be affected.

The User Seller shall be responsible for declaring and proving to the competent authorities and/or any person with legitimate interest to claim, the ownership and any other right over such Goods by means of the applicable documentation. At no time and under no circumstances shall Mercado Libre be liable for incorrect statements in the documents issued by the Seller User.


2.c.3.3 Consequences of non-compliance

In the event that Mercado Libre detects a breach of any of the obligations of the Seller User mentioned in this section or in any other section of these Envíos Full Terms and Conditions, it may, at its sole discretion, (i) require the Seller User to remedy the breach immediately or, (ii) require the Seller User to remove the Goods from the Distribution Center immediately at its own cost and expense.

In the event that the Seller User does not remedy the breach within the terms and in the manner requested by Mercado Libre, Mercado Libre may pause or cancel the affected publication(s) and/or disable the Seller User's account and/or dispose of the Good at its sole discretion, including its destruction at the Seller User's cost and risk and/or the donation of the Good to non-profit entities at the Seller User's expense and order.

In the case of perishable Goods in violation of the provisions of section 2.c.1.13 of these Envíos Full Terms and Conditions, the Seller User acknowledges and agrees that Mercado Libre may dispose of the affected Good without prior notice and without giving rise to any claim or compensation in favor of the Seller User.

The User Seller shall be liable for any damage or harm that its non-compliance generates to Mercado Libre and/or any third party and shall hold Mercado Libre harmless for any claim it may receive in relation to or derived from the User Seller's non-compliance.


2.d. Tasks included in Envíos Full Service


2.d.1. Receipt and temporary safekeeping of the Good

Mercado Libre will receive and temporarily store the Good from the moment of their delivery by the Seller User until the moment of delivery of the Good to a Delivery and Shipping Company due to the return sale or Priority Withdrawal (as defined below) of the same or to the Seller User or the person designated by the latter for its pick-up, in the cases mentioned in these Envíos Full Terms and Conditions.

The Seller User acknowledges and agrees that the process of receiving Goods entering the Distribution Center may cause postings of such Goods to be paused until such process is completed. This shall not be considered a source of any claim by the Seller User.

In addition, reception may be affected by processing difficulties due, for example, to lack of labeling or a label in poor condition that complicates its reading. This could cause delays in the completion of the receiving and storage process, resulting in delays in the availability of the Good to be marketed.

Any email from Mercado Libre and/or document executed by Mercado Libre acknowledging receipt of the Products shall not constitute nor may be interpreted as an acceptance of the Products.

The User Seller acknowledges and agrees that if the expiration date of the Goods is less than 90 (ninety) days from their entry into the Distribution Center, Mercado Libre may reject their entry and require the User Seller to immediately withdraw them, under penalty of proceeding to their destruction or donation at the User Seller's expense and order, without any liability whatsoever for Mercado Libre. If the Goods enter the Distribution Center expired and/or in conditions that are not suitable for their safe storage and commercialization (including, without limitation, expired products, contaminated with pests or fungi, among others), Mercado Libre will inform the Seller User of such situation and may proceed to their immediate destruction, without the need to notify the Seller User for their removal, without any liability whatsoever 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 from their entry, Mercado Libre will proceed to their immediate destruction, without the need to notify the Seller User for their removal and without any obligation to indemnify the Seller User for any reason whatsoever. If the signs of contamination of the Goods become apparent after 30 (thirty) days from their entry into the Distribution Center, Mercado Libre will immediately destroy the Goods without the need to notify the Seller User for their removal, and will be liable to the Seller User in accordance with the terms of the Envíos Full Protection Program (FPP). 

Likewise, in the event of detecting a contaminated or expired perishable Good stored at the Distribution Center, in addition to proceeding to its immediate destruction, Mercado Libre may request the Seller User to remove from the Distribution Center all or some of the products belonging to the same lot and/or that have entered the Distribution Center together with the contaminated or expired Good, within a maximum term of 7 (seven) calendar days. If, upon expiration of such term, the Seller User has not shown up to pick up the Goods without a justified cause, Mercado Libre may proceed to their immediate destruction and/or donation at the Seller User's expense.

Likewise, the User Seller acknowledges and agrees that, if the Goods are not sold or withdrawn before the remaining expiration date reaches 30 (thirty) days, Mercado Libre may, at its sole discretion and without incurring any liability whatsoever, proceed to their immediate destruction or donation on behalf of the User Seller.

The Seller User is responsible for monitoring the process and contacting Mercado Libre in case of delays in excess of 3 (three) calendar days after the carrier has informed it that the Goods have been delivered at the Distribution Center. Then, it will have to follow Mercado Libre's instructions in order to solve any inconvenience that may have arisen. The Seller User acknowledges and accepts that, after 20 (twenty) calendar days from the date of receipt of its Goods, it may not claim against Mercado Libre for differences or shortages of products not included in its stock for sale.

In the event that Mercado Libre detects that a Good is damaged, is missing in any way and/or does not comply with the requirements set forth in section 2.c.1, it will not proceed with the reception process of the Good. The Seller User shall follow the guidelines set forth in the preceding paragraph and shall remove the Goods from the Distribution Center in accordance with the provisions of section 2.d.7.


2.d.2. Secondary (outer) packaging

Mercado Libre will place the Good with its own packaging in a courier bag or box (if applicable).

Notwithstanding the foregoing, the User Seller is responsible for ensuring that the Good packaging is adequate and sufficient to protect it during the handling and transportation process of such Good, and acknowledges and accepts that any damage or harm related to a breach of this obligation makes it exclusively liable before Mercado Libre and before any third party, and shall hold Mercado Libre harmless from any claim and/or damage it may suffer in relation to an inadequate or insufficient packaging of the Good.

Consequently, the User Seller acknowledges and agrees that the packaging that may be added in certain cases by Mercado Libre is only for aesthetic purposes for a better presentation of the Good. 


2.d.3. Order processing: pick & pack, and order preparation

Mercado Libre will process the orders it receives for the Goods sold through the Website. For this purpose, it shall take the Good from the place where it was inside the Distribution Center and prepare it for dispatch with the limitations mentioned in point 2.d.2.


2.d.4. Preparation and affixing of a shipping label

Mercado Libre will prepare and place on the outer packaging of the Good the corresponding label for the shipment of the latter to their final destination, according to the information received from the sale. For such purpose, Mercado Libre will limit itself to automatically replicate, without any intervention or modification whatsoever, in such label the information (identification, addresses, etc.) that the Seller and Buyer Users themselves have previously indicated (only by way of example, when carrying out the purchase-sale transaction in question, in the Personal Data section of their account, etc.).


2.d.5. Delivery of the goods to the Delivery and Shipping Companies

Mercado Libre will deliver the Goods to the Delivery and Shipping Companies for their transportation to the final destination according to the Terms and Conditions of Envíos Service.


2.d.6. Re-entry of the Goods to the Distribution Center, if they fail to be delivered to the Buying User

In the event that the Good could not be delivered to the Purchaser User, the corresponding Delivery and Shipping Company will return the Good to the Distribution Center and Mercado Libre will reinsert the Good.

Mercado Libre will not receive under any circumstances, at the Distribution Center, a Good returned for any reason by the Buyer User to the Seller User. Such Goods shall be received by the Seller User. Only in the case of Goods of exporting users, Mercado Libre will inform the exporting user of the return of them, who will have 5 (five) business days after such notification to pick them up from the Distribution Center either directly or through the person designated by it. Upon expiration of the aforementioned term for the withdrawal of the Goods by the exporting user without such withdrawal, Mercado Libre may consider (a) that the property rights over the Goods not withdrawn have been transferred or (b) that it has been granted an irrevocable mandate and has been instructed to: (i) donate on account and order of the exporting user the Goods to some non-profit institution; (ii) deliver them to the competent authority as a lost specie, (iii) destroy them at the cost and under the responsibility of the exporting user, or (iv) submit them to a liquidation or auction process, all as Mercado Libre may decide and without any liability for Mercado Libre against the exporting user for such determination.

2.d.7. Withdrawal or disposal of the Goods


(a) Request for withdrawal of the Goods

The withdrawal of the Goods may be requested by the Seller User or by Mercado Libre at any time; except for perishable Goods in unfit conditions for storage and/or commercialization (including, without limitation, expired products and/or contaminated with pests or fungi), which will be immediately destroyed by Mercado Libre without the need to notify the Seller User of their withdrawal and without incurring any liability, without prejudice to the provisions of art. 2.d.1. of these Envíos Full Terms and Conditions.

In certain cases, Mercado Libre may decide, at its sole discretion, to generate the order for the withdrawal of the Goods and the Seller User accepts that Mercado Libre delivers them to the Carriers for their return to the Seller User's domicile free of charge.

The withdrawal request for each Good may be subject to costs.


(b) Procedure for the withdrawal of the Goods

In order to be able to withdraw the Goods, the Seller User must schedule a date and time through the system provided by Mercado Libre for such purpose.

If the withdrawal is requested by Mercado Libre, the latter will inform the Seller User the maximum term within which the Seller User must schedule the withdrawal of the Goods; or the day and time when the Goods will be available for the Seller User to receive and withdraw them.

In the cases in which the option of home pick-up is available, it will be subject to costs, which will be informed to the Seller User at the time of scheduling the pick-up. 


(c) Penalties for not showing up on the pick-up date

If the Seller User does not show up on the day and time scheduled for the pick-up, Mercado Libre may apply fines that will be considered additional to any damage or loss that Mercado Libre may claim.

(d) Withdrawal of the Goods by decision of the Seller User

The Seller User may inform Mercado Libre that it will not withdraw the Goods and expressly authorize Mercado Libre to immediately discard them, it may consider, at its discretion, that the User Seller has transferred all the rights of the Goods in its favor and/or that it has been granted a mandate and instructed to donate the Goods to a non-profit institution on behalf of the User Seller or to deliver them to the competent authority as lost property, or to destroy or recycle them at the User Seller's cost and responsibility, all of the foregoing as Mercado Libre may decide.

Additionally, when a Good is "unfit", "unidentifiable", "damaged upon entry", "Fulfillment return", "disabled", or "moderated" for a period of more than 20 (twenty) calendar days without the Seller User generating a withdrawal request, Mercado Libre will consider that the Seller User does not wish to withdraw them and may proceed to discard them immediately, as described in the preceding paragraph.

This process will not be reversible and may be subject to costs that will be informed to the Seller User at the time of confirming its discard.
 

(e) Disposition of Goods not withdrawn

After 7 (seven) calendar days from the day and time scheduled for the withdrawal of the Goods by the Seller User, or from the maximum term set by Mercado Libre for the Seller User to schedule the withdrawal of the Goods, if this does not occur, Mercado Libre may consider (a) that all rights over the Goods not removed have been transferred to it and/or (b) that it has been granted a mandate and instructed to (i) donate the Goods to a non-profit institution on behalf of the Seller User (ii) or deliver them to the competent authority as a lost property, (iii) or destroy or recycle them at the Seller User's cost and responsibility, or (iv) based on objective criteria, include them in liquidation or discount campaigns, considering that Envíos Full Services are not for leasing space, warehousing or similar, and that the space at the Distribution Center is limited; all of the foregoing as Mercado Libre may decide.

(f) Seller User's Claims for withdrawal of Goods

Once the Goods are received by the Seller User, either by withdrawal or reception of the Goods at its address, the latter will have a term of 7 (seven) calendar days from the date the Goods are in the Seller User's possession to notify Mercado Libre of any problem, damage, defect, deficiency or difference, defect, deficiency or quantitative or qualitative difference in the Goods received through the Help Portal of your Mercado Libre account, and must provide all documentation (including photos and/or videos) that may serve as evidence of your claim so that Mercado Libre may analyze it and inform you whether or not your claim is valid. After such term, it shall be understood that the Seller User has received the totality of the Goods withdrawn or received in conformity.

2.d.9. Charges per event

Mercado Libre may (a) apply monthly charges to the Seller User in case the Good have remained at the Distribution Center for more than 2 (two) months or 60 (sixty) calendar days from their receipt, or (b) request the Seller User to withdraw the Goods sent to the Distribution Center under the terms of section 2.d.7. above.

2.d.9. Charges per event

Mercado Libre may apply certain charges to the Seller User for: (i) not showing up to enter its Goods at the Distribution Center on the scheduled date and time ("no show"); (ii) canceling an entry or withdrawal schedule for its Goods without the reasonable advance notice determined by Mercado Libre; and (iii) quantitative and/or qualitative differences between the Goods that the Seller User declared included in an entry schedule to the Distribution Center and the Goods actually received at the Distribution Center by Mercado Libre.


3. Price

The prices of the Envíos Full Service, including without limitation the extended storage charges of section 2.d.8. above and the event charges of section 2.d.9, will be published on the Website and/or on the Envíos Full home page.

Prices may be modified by Envíos at any time. The Seller User accepts that the publication on the Website and/or on Envíos Full's home page is sufficient notice to that effect, provided that such publication is made at least 10 (ten) days in advance.


4. Term of validity

The use of the Envíos Full Service implies the acceptance of these Envíos Full Terms and Conditions with no definite term and until its termination as set forth below.

5. Termination

Mercado Libre and the Seller User may at any time terminate the Envíos Full Service without giving any reason, which will imply the return of the Goods to the Seller User, but will not suspend the fulfillment of all orders in progress, and the parties must comply with their pending obligations at the time of termination. In order to terminate the Service, it is necessary that the Seller User has no debts with Mercado Libre or with any third party related to Mercado Libre.

For this purpose, (i) the Seller User must notify its desire to terminate the contractual relationship and to withdraw all of its Goods from the Distribution Center by means of a formal complaint from its Mercado Libre account, through the Help Portal at least 4 (four) days in advance, (ii) Mercado Libre must notify its desire to terminate the Envíos Full Service by sending a notice to the Seller User on the Website at least 4 (four) days in advance.

The cancellation of the Seller User's account on the Site will mean the termination of the Envíos Full Service. Therefore, to cancel your account, you must first remove all your stock from the warehouse.

 If the Seller User cancels its account without withdrawing the stock, it will transfer all rights over the Goods not withdrawn to Mercado Libre for its free disposal. After the date of termination of his account, the Seller User will no longer be able to withdraw the Goods.

The Seller User acknowledges and accepts that it shall pay the corresponding charges until the day of the effective withdrawal of the Goods or the cancellation of its account, in case it has decided not to withdraw them.

Likewise, Mercado Libre may, in case of breach by the Seller User of the terms of these Envíos Full Terms and Conditions, Envíos Terms and Conditions and/or any other condition or policy incorporated by reference or applicable law, suspend or terminate the provision of the Envíos Full Service without any prior notice and without any liability of Mercado Libre to the Seller User for such termination, and Mercado Libre reserves the right to claim the damages caused by such breach.

In the event that Mercado Libre wishes to terminate the Envíos Full Services, no request from the Seller User will be required to make the Goods available.

6. Responsibility

The Seller User is the sole and exclusive responsible for the Goods, and also guarantees the ownership, legitimacy to sell, truthfulness, accuracy, and authenticity of the information and documentation provided to any interested party about them. In this regard, the User Seller warrants and guarantees that the Goods comply with all the provisions of these Envíos Full Terms and Conditions and other applicable terms and conditions, and undertakes to hold Mercado Libre, its related companies, and their respective officers, employees, shareholders and agents, as well as other users, harmless and safe from and against any and all claims (administrative, judicial or otherwise) from any third party (including, without limitation, any third party action, loss, damage or liability arising under any law, decree, resolution, national, local or other provision and expenses, including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with any act or omission of the Seller User (or any person or entity acting on behalf of the Seller User) in connection with the Envíos Full Service.

Likewise, the Seller User assumes, at its own expense, any extraordinary expenses, disbursements or costs that Mercado Libre may incur due to the conditions of the Goods or due to the use of the Envíos Full
Service with respect to products prohibited by these Envíos Full Terms and Conditions or by the Envíos Terms and Conditions.

The Seller User acknowledges and accepts that Mercado Libre may subcontract with a third party all or part of the services provided under the Envíos Full Service.

The User Seller acknowledges and accepts that Mercado Libre, its related companies or subcontractors related to the Envíos Full Service shall not be liable for damages, loss or deterioration suffered by the Goods due to by defect or inherent vice to such Goods, and that the only party liable for damages caused to Mercado Libre, third parties or their goods due to such defects or inherent vice to the Goods shall be the User Seller.

Mercado Libre will only be liable for shortages or damages to the Goods verified by Mercado Libre and caused exclusively during the period that begins after Mercado Libre receives the Goods at the Distribution Center and ends with the delivery of such Goods to the Delivery and Shipping Companies, upon their sale, to the Seller User for its pick-up or with the delivery of the Good to the Seller User's address by a Delivery and Shipping Company in case of Priority Pick-ups (as defined in these Envíos Full Terms and Conditions), all according to Mercado Libre's records and provided that the shortage and/or damage are directly and exclusively attributable to Mercado Libre due to its willful misconduct, negligence or bad faith and are not the result of an act of God or force majeure or of a breach by the Seller User and/or a third party for which Mercado Libre is not obliged to respond. In the case of damage, the burden of proof as to the fact that the damage occurred within the aforementioned period shall be borne by the User Seller. Mercado Libre will not be liable, unless the Seller User proves to Mercado Libre's satisfaction that the damage is attributable to Mercado Libre. In relation to this section please refer to Envíos Full Protection Program (FPP) policies.


7. Authorization

The Seller User authorizes Mercado Libre, its related companies or Envíos Full's subcontractors to inspect the Goods, without prior notice, provided that such inspection must be carried out for security reasons, customs inspection, by request of any competent authority or for any other justified reason.

Mercado Libre will not carry out any other controls on the packages other than those expressly provided for in these Envíos Full Terms and Conditions.


8. Inspections

The Seller User authorizes Mercado Libre, its related companies or Envíos Full's subcontractors to inspect the Goods, without prior notice, provided that such inspection must be carried out for security reasons, customs inspection, by request of any competent authority or for any other justified reason.

Mercado Libre will not carry out any other controls on the packages other than those expressly provided for in these Envíos Full Terms and Conditions. 

9. General provisions


9.a. Liability and indemnity for labor issues

The Seller Users agree that at no time shall the Envíos Full Service be construed as or result in an employment relationship with Mercado Libre. Therefore, the User Sellers shall be solely and exclusively responsible for the compliance with the labor, health and safety, social security, tax and/or contractual obligations corresponding to their own or contracted personnel, and shall hold Mercado Libre, its related companies and their respective directors, managers, officers, representatives, agents and employees harmless with respect to any damage, cost, loss, liability, expense (including, without limitation, attorneys' fees, experts' fees and court costs) arising from judicial and/or extrajudicial claims arising out of and/or in connection with any breach by the User Seller, its personnel and/or contractors of their obligations.


9.b. Compliance with tax obligations and legality of funds

The Seller Users, as professional traders, warrant and guarantee that (i) they comply with the applicable tax regulations, and (ii) the Goods object of the Envíos Full Service are their property and were acquired and/or produced with funds derived from lawful activities.


9.c. Prevention of acts of corruption

Selling Users, their employees, representatives, agents and affiliates represent that they have not demanded and will not demand, with respect to activities related to the Envíos Full Service and/or the Goods any offer, payment, promise to pay or authorization of the payment of money, or any offer, gift, promise to give or authorization of the giving of anything of value, to any government employee, or to any person, knowing that all or any part of what is remitted to such person will be offered, given or promised to a government employee, for the purpose of: (a) to obtain influence over any act, decision or omission by a government employee on its official duties; (b) to induce such officials to resort to their influence with a government or institution for the purpose of affecting any act or decision of the government or entities; or (c) to obtain an improper advantage, for the purpose of obtaining, retaining or directing business;


9.d. Confidentiality

The Seller Users shall protect as confidential and shall not disclose to any third party any Confidential Information (as this term is defined below) to which they, their employees or contractors or their related companies have access in any way in connection with the provision of the Envíos Full Service. For these purposes, "Confidential Information" means information that is not public knowledge and that is used, 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) analyses, (v) business or operating methods, (vi) computer software, including operating systems, applications and programming listings, (vii) organization charts, manuals and documentation, (viii) all production/operating methods, processes, technology and trade secrets, and (ix) all other information similar and related in any way to the foregoing and/or the Service whether or not marked confidential;


9.e. Compliance with rules

The User Sellers shall comply with the applicable environmental protection regulations, intellectual property rights, consumer protection and any other applicable regulations for the commercialization of the Good, and shall at all times have all applicable permits, authorizations, licenses and approvals;


9.f. No waiver

No failure to enforce any right or legal action available under these Envíos Full Terms and Conditions shall be deemed a waiver by the party incurring such failure of the right to enforce any such right or action in the future;


9.g. No assignment

The nature of user of Envíos Full Service cannot be assigned or transferred under any title.


10. Jurisdiction and applicable law

These Terms and Conditions shall be governed by the laws in force in Mexico City. For the interpretation and/or execution of the Agreement, as well as with respect to any action or proceeding related to these Terms and Conditions, the parties expressly submit to the competent courts located in Mexico City, expressly waiving any other jurisdiction that by reason of domicile, present or future, or for any other reason may correspond to them.

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