Envíos in Mercado Libre Terms and Conditions- Mexico
Last update: 03/14/2022
Envíos in Mercado Libre terms and conditions are part of Mercado Libre's General Terms and Conditions. Therefore, by accepting the latter at the time of User's registration, the policies detailed herein are also accepted.
Envíos in Mercado Libre Terms and Conditions describe the rights, obligations and responsibilities that Users must respect if they decide to use the Envíos in Mercado Libre Tool.
Any breach of these Terms and Conditions may result in penalties to Users, up to and including the disabling of their accounts.
Any person who does not accept Envíos in Mercado Libre' Terms and Conditions and/or Mercado Libre's General Terms and Conditions, which are mandatory and binding, must refrain from using the Site (as defined in Mercado Libre's General Terms and Conditions) and/or the Envíos in Mercado Libre Tool.
Mercado Libre reserves the right to reject a request for the use of the Envíos in Mercado Libre Tool or to cancel or suspend with or without cause, temporarily or permanently, the use of the Envíos in Mercado Libre Tool, without such decision giving rise to any indemnity or compensation rights for the User.
1. The Tool
Envíos in Mercado Libre is a technological tool offered by DeRemate.com de México, S. de R.L. de C.V. ("Mercado Libre") for the purpose of facilitating the shipment of a certain product advertised in sites or applications that use Mercado Libre's technology, using transportation and/or logistics and/or postal services provided by third parties (the "Delivery and Shipping Companies").
Mercado Libre is limited to providing the technological solution that allows:
1. the calculation of the value of the shipment,
2. the generation of labels for the subsequent shipment of the product,
3. the tracking of the shipment by the Users,
4. the contracting by the Users of the service of shipment of a good,
5. the reception and management of claims between the Users and/or the Delivery and Shipping Companies.
All of the above, hereinafter referred to as "Mercado Libre Shipping Related Service". It is hereby stated for the record that Mercado Libre Shipping Related
Service is part of the services provided by Mercado Libre to its buyer and seller Users, and that it allows: a) selling Users, list goods or services through publications that facilitate the encounter between supply and demand, receive secure payments for the goods or services sold and send the products to buyers in a fast, traceable and secure manner; and b) buying Users, search and browse publications of goods or services listed by selling Users, make secure payments for the goods or services purchased and receive the products in a fast, traceable and secure manner.
The Delivery and Shipping Companies will be the ones who will directly carry out the shipping services in favor of the Users when the same are contracted through the Envíos in Mercado Libre Tool (the "Companies' Service").
Mercado Libre's sole and exclusive participation with respect to the Companies' Service is limited to referring the Users who request the hiring of such Companies' Service, as well as to providing the Mercado Libre Shipping Related Service as defined above.
For the purposes of these Terms and Conditions, "Envíos in Mercado Libre Tool" shall be understood as a concept that includes the Mercado Libre Shipping Related Service (to be provided by Mercado Libre) and the Companies' Service (to be provided directly by the Delivery and Shipping Companies).
2. Availability of the Envíos in Mercado Libre Tool
The seller User shall offer in its publications the Envíos in Mercado Libre Tool, provided that (i) such tool is available in the category corresponding to the good published, (ii) the good in question is admitted by the Delivery and Shipping Companies for the rendering of the Companies' Service and (iii) the seller User has entered in its registration data a valid address within the Mexican Republic that is covered by the Companies' Service.
The seller User is responsible for correctly categorizing the property to be published and for verifying the availability of the Companies' Service for such property. Any consequences resulting from the incorrect categorization of the good to be published or from the omission of the verification of the limitations regarding the Companies' Service shall be borne by the selling User (e.g. higher shipping cost or impossibility to transport the good).
The seller User shall provide its buyer Users with the delivery options available through the Envíos in Mercado Libre Tool. In the Mercado Libre platform, there will be no possibility to choose other delivery options.
In order to improve the User's experience, Seller Users that meet certain objective requirements related to a minimum sales volume and geographic location, may be included exclusively in a certain delivery option of the Envíos in Mercado Libre Tool.
3. Costs and invoicing for using the Envíos in Mercado Libre Tool
Mercado Libre will inform the costs of the Envíos in Mercado Libre Tool to the Users (to the seller User in the publication flow and to the buyer User in the publication of the good to be shipped). The seller User will receive the breakdown of the invoice for the use of the Envíos in Mercado Libre Tool, regardless of which User (seller or buyer) has assumed the final cost for the use of the Envíos in Mercado Libre Tool. In the event that the seller User has opted for the shipping cost to be borne by the buyer User, the seller User is obliged to include in the corresponding tax document the shipping cost and the price of the product.
The seller User expressly undertakes not to charge or request any additional money from the buyer User for issues related to the use of the Envíos in Mercado Libre Tool under any circumstances.
4. Cost to be borne by the selling User
The seller User may offer in its publications the option of "Free shipping". By selecting this option you will be informed of the estimated costs for the delivery of the product using the Envíos in Mercado Libre Tool. The seller User shall bear all the costs for the use of the Envíos in Mercado Libre Tool in the "Free shipping" mode, respecting all the clauses included in the Envíos in Mercado Libre Terms and Conditions and other General Terms and Conditions of Mercado Libre.
Mercado Libre may establish that certain selling Users may offer the Envíos in Mercado Libre Tool at their own cost for their publications for prices equal to or greater 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 buying users, in accordance with the benefit policy defined by Mercado Libre. Learn more about shipping costs and possible subsidies.
5. Obligations of the seller User regarding the use of the Envíos in Mercado Libre Tool
According to the above, the seller User is obliged to:
1. deliver the goods to be transported at any duly authorized admission point or request their collection (in case this option is available) in perfect condition, as soon as possible after the sale has taken place and no later than the time indicated by Mercado Libre when notifying the seller User of such sale.
After this period (i) shipment tracking may be affected or unavailable, or (ii) the Delivery and Shipping Companies may refuse to accept the shipment. In the latter case, the seller User must negotiate directly with the buyer User the method of shipment of the product. In this case, the seller User shall be fully responsible for any extra charge originated by the shipment of the product, including the charges generated by the use of the Envíos in Mercado Libre Tool (even if the availability of the Envíos in Mercado Libre Tool has been limited due to causes attributable to a person other than Mercado Libre or the Delivery and Shipping Company).
2. deliver the package with the transport order (label) properly affixed, which must contain reliable information for delivery; (including, for example, accurate information on weight, volume and description of the product to be shipped). The incorrect and/or improper use of the labels will give rise to the application of the penalties set forth in these Envíos in Mercado Libre Terms and Conditions, without prejudice to the Seller User's liability for damages resulting from this non-compliance.
It is the obligation of the seller User to condition and pack the good in an adequate way to protect it during the shipment, so for this purpose the seller User must 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 Delivery and Shipping Company did not have services in conditions to carry 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 UN certifications or security lozenges and duly conditioned in such a way as to avoid spills in case of liquids.
In addition, the Seller User may not, under any circumstances, use the label issued by the Envíos in Mercado Libre Tool to send products that do not correspond to the content.
In the event of non-compliance with any of the obligations set forth herein, the seller User shall be liable for any damage or loss suffered by Mercado Libre and/or Delivery and Shipping Companies and/or any third party in general.
6. Procedure for using the Envíos in Mercado Libre Tool
The buyer User, upon choosing the "Envíos in Mercado Libre" option and entering the address where it wishes to receive the shipment in the tool made available by Mercado Libre, will be informed about (i) the availability of the Envíos in Mercado Libre Tool for the address entered and, if applicable, (ii) the shipping costs to be paid if it decides to contract such Envíos in Mercado Libre 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 management services offered by Mercadolibre, S. de R.L. de C.V. through its online platform called Mercado Pago (hereinafter, "Mercado Pago").
The buyer User who decides to purchase a product where the publication offers the Envíos in Mercado Libre Tool must provide all the complete and correct information for the shipment and reception of the product. The buyer User acknowledges that it shall be solely responsible for the consequences resulting from a breach of this obligation.
Once the buyer User 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 User will receive the information uploaded by the buyer User for the shipment of the product, for which reason the seller User must: (i) print the shipping 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 published on the website of the applicable Delivery and Shipping Company, and (iii) deliver the product to be shipped under any duly authorized mode of admission to the applicable Delivery and Shipping Company.
7. Procedure in case of non-delivery and abandonment of non-delivered products
If, for any reason not attributable to Mercado Libre and/or the Delivery and Shipping Companies, the product cannot be delivered (either due to an inaccurate address, or because there is no person to receive the product at the address, among others), the Delivery and Shipping Company (i) may return the shipment to its origin, or (ii) shall remain in possession and safekeeping of the product purchased by the buyer User at the commercial address of the Delivery and Shipping Company, which circumstance shall be communicated to the buyer by means of a notice left at the buyer's address or by the means by which the shipment tracking news are reported.
From the time of communication, the buyer User will have 5 working days to personally pick up the product from the offices of the Delivery and Shipping Company, within the corresponding operating hours. If after this period the product is not withdrawn, the sale will be considered as not completed, and the product will be sent back to the seller and the buyer will be refunded.
If the buyer User has chosen to receive the shipment at the offices of a Delivery and Shipping Company, the sale shall also be deemed not to have been made, with the consequences and after the term indicated in the preceding paragraph, in the
absence of the buyer User or the person authorized to receive the product at the branch designated to receive the shipment.
Additionally, if a product is sent back to the seller User and it is not at its address, the product will be returned to the commercial offices of the corresponding Delivery and Shipping Company, which circumstance will be communicated by Mercado Libre or by the Delivery and Shipping Company to the seller User. From the date of notification, the latter will have up to 30 calendar days to pick up the product in person, within the business hours of the commercial office of the corresponding Delivery and Shipping Company.
In the event that the selling User wishes to withdraw said goods stored during the aforementioned period, it shall go to the storage place provided by the Delivery and Shipping Company and pay the storage costs, in the event that the latter is applicable. If after this term the good is not withdrawn, the User (seller or buyer, as the case may be) grants a mandate to Mercado Libre and authorizes it to, at its sole option, donate the product to a non-profit institution or destroy it at the User's expense or deliver it to the competent authority so that it may proceed in accordance with the regulations that may be applicable.
8. Cancellation of the operation for any reason
In the event that the buyer User decides to return the item to the seller User and/or the transaction is cancelled after the item has been shipped by the seller User, the charge for the use of the Envíos in Mercado Libre Tool will be maintained as described in these Envíos in Mercado Libre Terms and Conditions since such services will have already been rendered.
In compliance with the provisions of clause 6.2 of Mercado Libre's General Terms and Conditions, the seller User accepts that the buyer User may revoke the purchase within 10 (ten) days after receiving the product. Likewise, the seller User accepts that the buyers may request the return of the product under the terms of the Protected Purchase, Mercado Puntos and other Annexes programs, up to 30 (thirty) days after receipt of the product.
In any of the aforementioned cases, the User seller must accept the return of the product sold and must bear the costs involved, including the necessary shipping costs. Mercado Libre may debit these costs from the seller User's Mercado Pago account.
Mercado Libre may make shipping labels available for the buyer User to make the return and debit the cost thereof from the seller User's Mercado Pago account.
9. Reimbursement of expenses and other deductions
The buyer User and the seller User expressly authorize Mercado Libre to debit any cost incurred by Mercado Libre in connection with the use of the Envíos in Mercado Libre Tool, through Mercado Pago, from the buyer User's account, except in the event that Free Shipping has been selected, in which case any corresponding amount may be deducted from the seller User's account. Likewise, Mercado Libre reserves the right to charge the seller User the difference between the shipping value determined by Mercado Libre's Service and charged to the corresponding User and the applicable value for the shipment effectively reported by the Delivery and Shipping Companies in the event that the Envíos in Mercado Libre Tool is improperly used by the seller User and/or the information provided by the seller User is incorrect). The seller User expressly authorizes Mercado Libre to automatically charge and debit from its Mercado Pago account the amounts related to the use of the Envíos in Mercado Libre Tool in the event that any buyer User makes any disregard, chargeback or reversal of the purchase transaction involving such transaction.
10. Seller User Responsibility
The seller User will be absolutely responsible, will exempt Mercado Libre and the corresponding Delivery and Shipping Companies from all liability and will hold harmless, assuming any consequence that may arise (including, but not limited to, the payment of any additional cost that may be pertinent), if due to its willful misconduct or fault: (i) erroneously or falsely completed the data necessary to make the delivery of the package by the Delivery and Shipping Company and receive returns; (ii) incorrectly closed and/or packed the product to be shipped; (iii) erroneously or falsely completed the data necessary to calculate shipping costs (e.g., incorrect product categorization); and/or (iv) use the Envíos in Mercado Libre Tool to ship any of the products in breach of the transportation conditions and/or products expressly prohibited by these Terms and Conditions and/or by the Site's General Terms and Conditions and/or by the applicable legislation for their transportation and/or products that are not accepted by the Delivery and Shipping Company, which may be detailed in these Envíos in Mercado Libre Terms and Conditions.
The seller User undertakes to deliver to the corresponding Delivery and Shipping Company any document that may be required by any authority or that is necessary to transport the goods in accordance with the legislation in force on the matter. By virtue of this, the seller User acknowledges that it shall be solely responsible for the non-delivery of such documentation, and its absence may not be invoked to attribute a breach to the Delivery and Shipping Company.
Likewise, the selling User authorizes the corresponding Delivery and Shipping Company to inspect the shipments, without prior request, as long as such inspection must be carried out for security reasons, customs inspection, by request of any competent authority or for any other justified reason.
11. Buyer User Responsibility
The buyer User shall be absolutely responsible, shall exempt Mercado Libre and the Delivery and Shipping Companies from all liability and shall hold them harmless if due to its willful misconduct or fault (i) it erroneously or falsely fills in the necessary information to deliver the package and/or (ii) does not have a person who can receive the shipment or pick it up at the place selected by the buyer User.
12. Acknowledgments and User statements
Users acknowledge and accept that Mercado Libre's activity, through Mercado Libre's Shipping Related Service, 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 selling Users, nor does it transport them in any way, for which reason they understand and accept that Mercado Libre cannot be held responsible for the Companies' Service referred to by the different Delivery and Shipping Companies, nor for the goods delivered and/or contained inside the packages delivered by the Delivery and Shipping Companies, since it is not the one who provides the Companies' Service and it is not the one who dispatches the products involved. In this way, Users acknowledge and accept that the seller User is solely responsible for the existence, condition, quality and quantity of the goods shipped, in accordance with the publication made by it.
The buyer User and the seller User acknowledge and accept that Mercado Libre is not responsible for any of the activities of the Delivery and Shipping Companies, or for the actions of their employees, as well as for events of force majeure or unforeseeable circumstances that prevent or delay the use of the Envíos in Mercado Libre 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 Delivery and Shipping Companies, which make it impossible for the Delivery 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. The Users understand and acknowledge that in the event of the occurrence of any fortuitous event or force majeure, breakdown or destruction of the goods transported due to their own defect, it shall be understood that the goods are transported at the risk of the User who is the owner of the goods and therefore shall be responsible for any loss, damage or breakdown suffered or caused during the transportation.
13. User Responsibility
Both the buyer User and the seller User are responsible for the accuracy of the information required by Mercado Libre's platform (which, by way of example, will be regarding personal data and categorization of the goods), and the Delivery and Shipping Companies shall not be liable if, at the time of dispatching the shipment, it is not accepted by the seller User for having provided false or incorrect information, or if at the time of picking up the shipment, it is not delivered to the person designated by the buyer User due to lack of authorization to do so. The buyer User and the seller User expressly consent that all the data incorporated that are necessary for the use of the Envíos in Mercado Libre Tool and the determination of its price be collected and stored by Mercado Libre, who may transmit them to the selected Delivery and Shipping Company for the sole purpose of facilitating the Companies' Service. The Delivery and Shipping Company will not be authorized to collect the data for other purposes, unless this is accepted by the Users directly with the Delivery and Shipping Company (as the case may be).
In addition, the seller User shall be liable for any breakdown, damage or destruction suffered or caused by the goods transported as a result of defects in the goods or their packaging. The buyer User acknowledges and accepts that upon receipt of the shipment under the Companies' Service, it is advisable to check the general condition of the shipment as well as its contents, and to file 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 User's delay in filing the pertinent claims against the Delivery and Shipping Companies. Likewise, the buyer User 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. Responsibility of the Delivery and Shipping Companies providing the Company's Service
In case of loss and/or damage suffered by the product(s) during shipment, exclusively due to causes attributable to the Delivery and Shipping Companies providing the Company's Service, the affected User may pursue the responsibility and repair of the damage caused by them directly to them.
15. Restricted products
Likewise, Users acknowledge that the shipments they schedule through the Envíos in Mercado Libre Tool may not consist of the shipment of flammable, corrosive, explosive, perishable objects (including, without limitation, fertile egg), chemical precursors, cash, metallic coins or any other value, 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 items in packaging that does not contain spills and/or fragile items 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 related items, radioactive materials, any other element that endangers the safety or integrity of the goods of the Delivery and Shipping Company and/or persons and/or shipments in general, narcotics or any other substance and/or material the use or possession of which is legally punishable or obtained in violation of the customs code and/or 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 cold chain, or is not accepted by the Delivery and Shipping Company.
The preceding list is merely for illustrative purposes, and the User must verify if there are additional restrictions in Mercado Libre's platform or in the website of the corresponding Delivery and Shipping Company.
For all purposes, Users acknowledge and accept that the mere fact that a category in Mercado Libre's platform is shown as enabled for the use of the Envíos in Mercado Libre Tool does not imply an obligation of Mercado Libre to allow the use of the Envíos in Mercado Libre Tool, nor an obligation of the Delivery and Shipping Companies to provide the Companies' Service or to accept the imposition of packages containing prohibited objects pursuant to the regulations governing their activity. Likewise, Users acknowledge and accept that neither the Delivery and Shipping Companies nor Mercado Libre will be responsible for accepting such ineligible products. The sole and exclusive responsible for the acceptance of the shipments to be imposed is the selling User, for which reason the latter undertakes to indemnify and hold harmless both companies from any possible contingency that may arise against it as a direct or indirect result of the violation of the conditions of carriage referred to in this paragraph.
16. Insurances
The use of the Envíos in Mercado LibreTool does not include insurances. If a User wishes to take out insurance, it must do so at its own expense.
When a User contracts insurance with respect to the goods to be transported through the Envíos in Mercado Libre Tool, such User shall require its insurer to include a clause whereby such company expressly waives the right to file a claim for recovery and/or any other action it may be entitled to file against Mercado Libre and/or any of the Delivery and Shipping Company that provide the Company's Service in the event of any loss or damage that may affect the insured goods and/or third parties.
17. Attention to claims
In the event that the User has a claim related to the use of the Envíos in Mercado Libre Tool, it must contact Mercado Libre through the channels enabled by the latter, so that Mercado Libre may manage the respective claim processes.
18. International shipments
In the case of international shipments, 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 Delivery 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 tariff for the use of the Envíos in Mercado Libre Tool and, if applicable, shall be paid at destination to the corresponding administrative authority by the buyer User.
19. Annexes
In the following links, you may consult the Terms and Conditions of the different modalities and Programs related to Envíos in Mercado Libre.