Terms and Conditions for International Purchase- Mexico

International purchase and use of MELI Ecosystem services by Foreign Users 

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

(i) the international purchase ("International Purchase") between:

  • a Seller resident in a foreign country ("Foreign User") who, from their country of residence, list and offer products on the Mercado Libre websites in Mexico, Brazil, Colombia and Chile; and
  • a Buyer resident in Mexico, Brazil, Colombia and Chile, who purchases a product from a Foreign User and imports it in their country ("Buyer")

The International Purchase is governed by the regulations in force and by the General Terms and Conditions of Use of the Mercado Libre website where the International Purchase takes place ("Terms and Conditions").

(ii) the Foreign User who uses Mercado Envios Full, Mercado Ads or other services of MELI Ecosystem.

All transactions carried out by the Foreign User shall be governed by the General Terms and Conditions and annexes of the Mercado Libre website where they are carried out.

  • Registration and account

The Foreign User register with a Foreign User 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 of Mexico, Brazil, Colombia and Chile. Thus, they will be able to list products, sell internationally and use other services of the MELI Ecosystem in the websites of those countries. 

  • International Purchase

2.1. Sell 

a) Foreign User liabilities

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

As such, i) they must comply with all the requirements, permits and formalities required by law and current regulations for the sale and export at origin and the import and trading in the country of destination. ii) shall be responsible for compliance with the regulations in force and the criteria adopted by the customs authority and any authority in general of each country; iii) they must assume the costs related to the export of the products.

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 User undertakes to comply with the liabilities established for the seller in the General Terms and Conditions of the Marketplace.

b) Price

The Foreign User shall inform the selling price in U.S. dollars but, in their listings, the price shall be expressed in local currency. For this purpose, the Foreign User authorizes Mercado Libre to convert the price to local currency and adjust it according to exchange rate variations. 

Unless otherwise stated in the listing, the final selling price will include the product price and the costs related to the International Purchase, including (international and domestic) transportation, insurance, duties, fees and taxes applicable for purposes of import, Mercado Libre may add any of these costs to the final selling price informed by the Foreign User. 

The Foreign User may collect the price of their sales (i) through one or several transfers to a bank account owned by the Foreign User, which will be made by Mercado Libre with any of its related companies; and/or (ii) through other payment platforms operated by third parties, when enabled. In such cases, the Foreign User shall assume any service fee applicable to the use of such payment platforms.

The Foreign User designates and authorizes MP Agregador, S. de R.L. de C.V. and/or Global Selling, LLC and/or 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.

c) Reputation

The Reputation System provided in the General Terms and Conditions of the Marketplace applies to the Foreign User.  

2.2. Purchase

The liabilities and duties provided in the General Terms and Conditions of the Marketplace apply to the Buyer. 

When making an International Purchase, 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 in their country. In addition, they must comply and ensure that the imported products are suitable for selling and use in their country.

In the International Purchase, the Buyer shall pay the final selling price and shipping costs (where applicable) along with applicable import duties, fees and taxes. 

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 User.

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 collection mechanism, which may be agreed differently between the Foreign User and the Carriers;
    • regarding the invoicing of the logistics and transportation service. In the case of International Purchases, Mercado Libre will issue an invoice to the corresponding User for the amounts paid by the User for this service;
    • any other details expressly informed in the products' listings.

The Users expressly and irrevocably authorize Mercado Libre to provide the Carriers with their personal data and all the information related to the International Purchase.

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 rates and conditions in effect at that time.

    • Mercado Envios Full use

The Foreign User may use Mercado Envios Full services if the products comply with the listing minimum value requirement indicated by Mercado Libre from time to time in the Frequently Asked Questions.

The use of Mercado Envios Full services is governed by the provisions set forth in Mercado Envios Full Terms and Conditions.

    • Fees and Billing

When making an International Purchase operation or using Mercado Envios Full services, the Foreign User will have to pay a fee for the IT services provided by Mercado Libre. Find out the applicable selling fees in the Frequently Asked Questions.

    • 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. 

    • 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.

    • 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, please check: (i) Privacy Statement for US-based Sellers; and/or (ii) Privacy Statement for China-based Sellers.

    • Special considerations for Mexico

8.1. Fees and billing

The Foreign User is not obliged to issue the CFDI for international sales in accordance with the applicable Mexican tax legislation, since they are foreign residents not registered as taxpayers in Mexico.

In turn, neither DeRemate.com de Mexico, 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 the CFDI, since they are not the seller or marketer of the product.

8.2.  Storage of the Foreign User's products inventory 

The use of Mercado Envios Full services implies a temporary storage of products owned by the Foreign User at Mercado Libre's distribution center. For more details, check here. 

These products must be duly imported and in compliance with the regulations for commercialization in Mexico. In addition, at Mercado Libre's request, the Foreign User must provide Mercado Libre with the invoices, claims and import permits, packing lists, certificates of origin, bills of lading, tax receipts and any other documentation that Mercado Libre deems necessary to prove the entry of the products into the Mexican territory.

Pursuant to 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 Tax Administration Service (SAT) to a Mexican or foreign company that has accepted these Terms and Conditions, as well as the Terms and Conditions of use of the Website and complied with the registration filters 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 such company 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.  Mercado Libre's liability

Mercado Libre shall not be liable for the eventual return, withholding, seizure, delay and/or confiscation 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.

 

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