Terms and Conditions for Products of International Origin: Use of the MELI Ecosystem by Foreign Sellers - Mexico
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 Mexico 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 is required to create a Foreign Seller account, following the specific process for this type of account. By doing so, the Seller automatically agrees to the Terms and Conditions of Mercado Libre's websites in Mexico, Brazil, Colombia and Chile. 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 ineternational origin
2.1. Selling
a) Obligations of the Foreign Seller
The Foreign Seller will act as the seller and exporter of the products.
Therefore: i) the Foreign Seller must adhere to all requirements, permits, and procedures stipulated by existing regulations for sales and exports in the country of origin, importation, and marketing in the destination country; ii)the Foreign Seller will be responsible for compliance with the current regulations and criteria established by the customs authority and anyother relevant regulatory bodies; iii) the Foreign Seller will be responsible for covering any costs associated with exporting the products; and (iv) they must supply any necessary documents and information to verify compliance with the preceding points, either to Mercado Libre or upon the explicit request of any relevant Authority.
Listings must comply with the Marketplace Terms and Conditions, including the Listing and Prohibited Items Policies. They shall be written in the local language and identified as being of international origin.
The Foreign SellersUser undertakes to comply with the obligations established for the seller in the Marketplace Terms and Conditions.
b) Price
The Foreign Seller will inform the price of the product in U.S. dollars, but in its listings, it will be expressed in local currency. For such purposes, the Foreign Seller 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 informed by the Foreign Seller any costs related to international shipping and/or importation (if applicable).
The Foreign Seller may collect the price of their sales (i) through one or several transfers, made by Mercado Libre with any of its related companies, to a bank account owned by the Foreign Seller; 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 such 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 Mexico 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 shipping, parcel, postal, and courier companies (the "Carriers") that maintain commercial relationships with Mercado Libre or with the Foreign Seller.
The Users authorize the Carriers and/or Mercado Libre to carry out, on their own account and on their behalf, the customs formalities, the preparation and presentation of the necessary documentation in each case, and the payment of the corresponding import duties, fees, and other taxes.
International shipments will be governed by the Envios Terms and Conditions, except for:
- the pick-up mechanism, which may be agreed differently between the Foreign 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 SellerUser 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 penalties set forth in the Terms and Conditions of the Mercado Libre websites where they are carried out.
Mercado Libre may warn, suspend, restrict, or temporarily or permanently disable the account of the Foreign User on all the websites, in case the Foreign User breaches a law, the Terms and Conditions, and/or the particular rules of use of Mercado Libre's services.
7. Personal Data Special considerations for Mexico
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 want to know more about how we protect your personal data, please check our Mercado Libre Privacy Statement.
If you are a Foreign User, we invite you to check: (i) Privacy Statement for US-based Sellers; and/or (ii) Privacy Statement for China-based Sellers.
8. Special considerations for Mexico
8.1. Fees and billing
The Foreign must issue the corresponding tax documents for international sales, in accordance with the Mexican tax legislation applicable in each case.
In turn, neither DeRemate.com de México, S. de R.L. de C.V., nor Mercadolibre, S. de R.L. de C.V., nor any of their related companies, are obligated to issue CFDI, since they are not the seller or trader of the product.
8.2. Warehousing of inventory of products of the Foreign Seller
The Foreign Seller may use the Envios Full services of a Distribution Center in Mexico and/or the United States (available for U.S. Sellers).
The Envios Full service implies temporary storage of products owned by the Foreign SellerUser at a Mercado Libre Distribution Center, with the scope detailed in each case for the Envios Full service and the United States Envios Full service. In connection with this section, please refer to the policies of the Envios Full Protection Program (FPP).
Likewise, the Foreign Seller may hire, at their own cost and expense, a third party for the storage of their products in the country where the Buyer resides. In this case, the Foreign Seller shall guarantee that the products comply with the requirements indicated by Mercado Libre for their temporary storage, packaging, labeling and shipment of the Goods to the Carriers as set forth in the Envios Full Terms and Conditions. Thus, the Foreign Seller shall be solely responsible for the custody and temporary storage of the Goods until the Goods are delivered to the Carriers.
The Foreign Seller or the third party authorized by the Foreign Seller shall deliver the Goods to the Carriers for transportation to the final destination in accordance with the Terms and Conditions of the Envios Service of the location where the sale is made.
In the event that the Foreign Seller accesses Buyers' personal information directly or through a third party, the Foreign Seller accesses by themselves or through a third party to Buyers' personal details, the Foreign SellerUser will act as data controller and the third party as data processor. Both parties will comply with the applicable personal data protection laws and with the provisions of the Terms and Conditions of the Mercado Libre Developer Program.
When using Envios Full service at a Distribution Center or the service of storage of the products through a third party within Mexico, the Foreign Seller must prove that the products are duly imported and in compliance with the regulations for commercialization in the Mexican territory.
Furthermore, at Mercado Libre's request, the Foreign Seller must provide Mercado Libre with the invoices, import petitions and permits, packing lists, certificates of origin, bills of lading, tax receipts, and any other documentation that Mercado Libre deems necessary to register the entry of the products into Mexican territory. If the Foreign Seller fails to do so they will assume all associated costs derived from acts of authority, including Administrative Proceedings in Customs Matters.
In accordance with the tax regulations applicable in the Mexican Republic, the Foreign Seller must provide an invoice that includes at least the seller’s name and address, a description and value of the product, and is valid to allow the Buyer to claim ownership of the purchased product. Mercado Libre will consider that an RFC is valid when it has been issued by the Tax Administration Service (Servicio de Administración Tributaria, or 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 the latter has granted a mandate to Mercado Libre for the payment of the sales of the products to the account indicated by the Foreign Seller.
8.3. Responsibility of Mercado Libre
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.
Mercado Libre shall not be liable for the eventual return, withholding, embargo, delay, and/or seizure of the goods during customs clearance, and/or for any inconvenience suffered by the Buyer and/or the Foreign SellerUser and/or the Carrier in connection with customs procedures.