1- General Conditions of the Program
This program is aimed at covering all buyer users who, as a result of a purchase offer made in an item posted on Mercado Libre, have paid through the Mercado Pago online payment management system the full selling price of the item to the seller user and have received nothing in exchange or have received a different item or a faulty item, provided all requirements set forth in these Conditions have been met.
This program is not applicable to transactions involving the purchase and sale of Cars, Motorcycles, and Other Vehicles, or the purchase, sale, and/or rental of Real Property or services.
2- Requirements to enter the Program
The buyer must have initiated a claim (i) within 10 (ten) days as from the delivery of the item if the item was different than the one ordered or faulty from fabrication; or (ii) within 21 (twenty-one) days following the date of the transaction, if the item was not received, provided that the agreed delivery term had expired.
Afterwards, Mercado Pago will check whether the buyer user fulfills the remaining requirements to enter the program, namely:
Regarding the User
1) The user must be active at the time of the filing of the claim and until the completion of the analysis and the respective payment.
2) The user must be the buyer of the posted item.
3) The user must not have filed a legal or administrative action against Mercado Libre nor repudiated payment in the case of credit card purchases (chargeback), neither before, nor at the time of, or after filing the claim or rating the purchase. Otherwise, the user must abandon any such actions before Mercado Pago can resume the regular procedure under the program.
Regarding the Item
1) The item specified in the Claim must have received an offer through Mercado Libre's website and paid through the Mercado Pago online payment management system.
2) The item specified in the Claim must not be prohibited by Law and/or by the General Terms and Conditions of Use of the Website, its Annexes, and/or other Mercado Libre or Mercado Pago policies.
3) The item specified in the Claim must not be in the categories Services, Vehicles, Motorcycles and Others and/or Real Estate.
In the event of a claim, if the parties do not reach an agreement or the seller does not respond to the claim, the buyer must request the intervention of Mercado Pago to solve the problem.
3- Settlement of Claims
In the event that the buyer has not received the item, Mercado Pago will analyze the claim and require further information and/or evidence to the buyer and/or seller, and will resolve the claim in favor of one of the parties. If the claim is resolved in favor of the buyer, the buyer will receive the amount which has been paid in the claimed purchase plus the delivery costs, excluding any other costs or expenses such as warranties or insurances.
In the event that the claim is caused by a faulty item or because the delivered item is different from the one published in Mercado Libre, then the coverage will be effective when the buyer proves to have returned the item to the seller. The item shall be returned to the address of the seller registered in Mercado Libre or to such other address of the seller indicated in the delivery. Also, the seller shall accept the return of the item and the applicable cancellation of the sell.
At its sole discretion, Mercado Pago will reimburse to the buyer the funds through the following means: (i) accreditation in the buyer's Mercado Pago account, or (ii) cancellation of the payment made through a credit card. The buyer that is covered by the program shall not make further claims related to the purchase of the item before Mercado Pago and/or through actions filed judicially or extra-judicially.
4- Program Coverage
The Program does not cover:
Items that have been damaged, repaired or modified by the buyer.
Items that match the description provided by the seller but which the buyer regrets purchasing.
Items collected or delivered by hand.
Items not purchased through Mercado Libre.
Items paid using transfers or inflow of Funds (envíos o ingresos de dinero) made through Mercado Pago.
Cases in which the post or transportation company loses the item, except if the transportation is made through Mercado Envíos.
- Any other item or transaction that Mercado Pago deems inauthentic, fake, fraudulent, or in violation of the Terms and Conditions of Mercado Pago and/or Mercado Libre.
5- Mercado Pago does not provide insurance
It is hereby expressly stated that Mercado Pago is not an insurance company nor does it provide or offer any insurance coverage under the program. It only allows buyers meeting certain requirements and conditions to be reimbursed the amount paid in the claimed purchase.
Users may not:
File claims on behalf of third parties;
File claims based on false and/or fraudulent facts or circumstances;
Engage in conduct which, at Mercado Pago's sole discretion, is malicious or fraudulent to benefit from the program; and
Connive with other people or users to obtain coverage.
These activities will be investigated by Mercado Pago, and the infringer will not only be excluded from the program, but they may also have their Mercado Pago and Mercado Libre accounts suspended or banned.
7-Changes to the program
Mercado Pago may change these Terms and Conditions of the program at any time by publicly communicating the modifications on the site.
In addition, Mercado Pago reserves the right to discontinue, terminate, cancel, and temporarily or permanently suspend the program without entitling users to any claims.
In case of conflict between the English version with the Spanish one, the Spanish version shall prevail.