Seller Protection Program

1- General Conditions

This Seller Protection Program (hereinafter, the "Program") applies to any Mercado Pago User who has sold tangible goods through Mercado Libre in compliance with certain product sale and delivery requirements.

Mercado Pago may reimburse a certain amount regarding a specific sale where the relevant payment has been subject to a chargeback or reversal by the User who transferred the Funds, or in any case where the buyer states that they did not receive the purchased item, on the condition that Mercado Pago must have debited the Funds from the Account of the recipient of the Funds to cover such chargebacks or reversals.

2- Requirements to Enter the Program

In order to be reimbursed, the recipient of the Funds must meet the conditions Mercado Pago deems necessary, which will have to be submitted when so required.

3- Program Coverage

The Program will cover Claims for tangible goods only, therefore excluding:

  • Intangible goods.

  • Licenses or access to certain contents.

  • Products prohibited by law and/or the General Terms and Conditions.

  • Any circumstances where the Requirements have not been entirely fulfilled.

4- Claim Procedure

Mercado Pago will notify the recipient of the Funds after receiving a claim or repudiation of the purchase by the buyer User, to request the verification of the Requirements. Once all requirements have been verified, Mercado Pago will analyze whether a certain amount in connection with the relevant sale should be reimbursed and will inform its decision.

If Mercado Pago decides to cover the claim, it will totally or partially reimburse, at its sole discretion, the sum concerned in the claim, chargeback, or reversal made by or at the request of the buyer User.

Even where a claim meets all the established requirements to be covered under the Program, Mercado Pago reserves the right to reject or refuse coverage of any Claim without being required to inform or specify any grounds for its decision and without entitling the User to any compensation or redress.

The User covered by the Program waives any court, administrative, or out-of-court action against Mercado Pago and/or Mercado Libre Chile Limitada and/or DeRemate.com de Chile S.A. or any of their affiliates, partners, directors, managers, representatives and other officers for any difference between the damage sustained and the amount received under the Program.

5- Costs

The Program and the coverage offered by Mercado Pago are completely free of charge, regardless of Mercado Pago's decision regarding the Program's applicability in each particular case.

6- 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 Seller Protection Program. It only allows Mercado Pago Users to be reimbursed a certain amount regarding a specific sale where the relevant payment has been subject to a chargeback, annulment or reversal by the User who transferred the Funds, or where the buyer states that they did not receive the purchased item, provided the recipient of the Funds fulfills the applicable requirements.

7- Prohibitions

Users may not engage in conduct that, at Mercado Pago's sole discretion, is malicious or fraudulent to benefit from the Program, and may not connive with other people or Users to obtain coverage.

These activities, and reiterated claims, will be investigated by Mercado Pago, and the Users involved may have their Mercado Pago User accounts, and even their Mercado Libre User accounts, suspended or banned, notwithstanding any legal action that may be brought.

8- Changes to the Program. Term

Mercado Pago may change the Terms and Conditions and/or requirements and other conditions of the Program at any time by publicly announcing the modifications on the Site and/or informing of the modifications at the User’s main e-mail account. All modified terms will be effective upon their publication.

In addition, Mercado Pago reserves the right to discontinue, terminate, cancel, and temporarily or permanently suspend the Program without entitling Users to any claims, even where any such claims may have already been filed.

9- Jurisdiction and Applicable Law. Address

This agreement shall be governed by the laws in force in Chile. Any dispute arising from this agreement, its existence, validity, construction, scope, or performance shall be submitted to the ordinary courts in Santiago de Chile.

The address of Mercado Pago S.A. is set at Rosario Norte 532, Piso 2 – Las Condes, in Santiago, Chile

In case of conflict between the English version with the Spanish one, the Spanish version shall prevail.

 

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