General terms and conditions of website use
Summary of the Mercado Livre Agreement
To the users of Mercado Livre,
Thank you for taking the time to read the Summary of the Mercado Livre agreement.
This information will help you operate our advertisement platform. It is very important for you to get familiar with our policies and, for that reason, you must read and understand the general terms and conditions for using the website, in addition to reading the clauses that facilitate services contracting and those that limit rights, as highlighted hereunder:
Mercado Livre is not a supplier of any products or services advertised on the site. Mercado Livre provides an on-going service by offering an internet platform that provides space for potential advertisers/sellers to post advertisements that offer to sell their own products and services, so that anyone interested in purchasing said items, the Users/potential buyers, can negotiate directly and exclusively with one another;
The advertising Users/potential sellers may only advertise products or services they can sell and which they have in stock, directly setting the terms of the advertisement and all features thereof (such as name, description and a picture of the goods, price, category, quantity, conditions of sale, manner and deadline for delivery, as well as the method of payment);
To make use of the services of Mercado Livre, the User must expressly accept the Information Privacy and Confidentiality Policy, which contains clear and full information about how the personal data of Mercado Livre Users and visitors is collected, used, stored, dealt with and protected. The User shall register only once, creating a nickname and password which are personal and non-transferrable. Mercado Livre shall not be liable for the improper use and disclosure of this information to third parties. Neither Mercado Livre, nor any of its employees or agents will ask you to reveal your password, whether physically or electronically;
Mercado Livre may, on account of a breach to the prevailing law or to the general terms and conditions of use of Mercado Livre, as the case may be, and without prejudice to any other measures, refuse any request for registration, issue a warning, or suspend, temporarily or permanently, the User’s account, their advertisements, or impose sanctions that adversely affect their reputation;
It is forbidden to advertise products that are expressly prohibited under the prevailing law or under the general terms and conditions for use of the site, which are not in possession of the specific proper authorization from the competent regulatory bodies or which infringe third-party rights;
Mercado Livre provides a system whereby Users (buyers and sellers) can rate both the transaction they made and their counterparty, respecting the freedom of expression of whoever is offering an opinion. The rating given becomes an integral part of the User’s reputation, represented on the platform by the thermometer shown with each advertisement;
The User/potential buyers, before deciding to purchase, should pay attention to the information about the seller’s reputation, the price, the methods of payment, availability, and the manner and deadline for delivering the products and services.
Buying users may exercise their right to repentance through the site www.mercadolivre.com.br. To do so, just click on the “I’ve changed my mind about this purchase” button within seven (7) days as of the receipt of the product. This option will be available for every transaction concluded on the list of purchases of the user’s account.
Users are forbidden to advertise the sale or purchase of products that are banned or which infringe the prevailing legislation, and products that are considered banned by the website.
Mercado Livre has signed agreements and partnerships with a great number of authorities with the purpose of promoting and encouraging the dispute resolution by amicable means in order to avoid the judicialization of matters that could be solved adminstratively, reason why, the users accept and make a commitment to use the plataform tools (complaints/mediation) as the first method to solve controversies due to the transactions made on Mercado Livre's website. The users will also be able to search for a costumer dispute resolution through the web service www.consumidor.gov.br, kept by the Nacional Consumer Secretary (SENACON) of the Ministry of Justice and Public Safety, that is made available without any charges for the entire country's costumers.
General terms and conditions for using the site
These general terms and conditions apply to the use of the services offered by EBAZAR.COM.BR LTDA, a company duly enrolled with the Corporate Taxpayer Register of the Ministry of Finance (CNPJ/MF) under No. 03.007.331/0001-41, located at Av. das Nações Unidas, No. 3.003, Bonfim District, Osasco/SP, hereinafter referred to as Mercado Livre, through the websites www.mercadolivre.com.br and www.arremate.com.br (“Websites”).
Any person, hereinafter referred to as a User, who intends to use the services of Mercado Livre, shall accept the general terms and conditions and all other policies and principles that govern it.
Acceptance of these general terms and conditions is absolutely crucialfor using the Websites and services provided by Mercado Livre.
The User should read and ensure that it has understood and accept all the conditions set out in the general terms and conditions and in the privacy policies, as well as in the other documents incorporated into them for reference prior to registering as a User of Mercado Livre.
Should doubts arise, access Contact.
01 - Purpose
The services subject to these general terms and conditions consist of (i) the offering and hosting of spaces on the Websites, so that Users can announce the sale of their own products and/or services and (ii) the facilitating of the direct contact between selling Users and Users interested in acquiring the products and services advertised, by disclosing the contact information of one party to the other. Mercado Livre, therefore, enables users to contact each other and negotiate directly, without the intervention of Mercado Livre in the negotiation or closing of the deals. Thus, it should be emphasized that Mercado Livre does not provide any products or services advertised by users on the Websites.
02 – Capacity to register
The services of Mercado Livre are only available to private individuals or legal entities with the legal capacity to contract them.
Registration is forbidden to Users without the civil capacity (in the case of private individuals) or who are not legal representatives (in the case of legal entities), as well as Users who have been suspended from Mercado Livre, temporarily or definitively, without prejudice to the imposition of the legal sanctions contemplated in the Brazilian Civil Code, notably in articles 166, I; 171, I and 180.
03 - Registration
Confirmation will only be given to Users who fill out all the mandatory fields on the registration form with information that is exact, precise and true. The User warrants and assumes the commitment to update the information included on its registration form (“Personal Data”) whenever necessary.
Upon registering with Mercado Livre, the User may use all services provided by the companies of the group (including Mercado Pago, MercadoAds, Mercado Shops and Mercado Envios), warranting, to that end, that it has read, understood and accepted the respective terms and conditions of use for each of these services, which are an integral part of these general terms and conditions when registration is concluded.
The User will access its account using an e-mail or nickname (login) and password, and it agrees not to disclose this information to third parties and to be fully liable for its use.
Mercado Livre shall not be responsible for correcting the Personal Data entered by its Users. The Users guarantee, and will be accountable for civil or criminal purposes for the truthfulness, accuracy and authenticity of the registered Personal Data.
The nickname of the User on Mercado Livre must not be similar to the name Mercado Livre, its brands and domain names or other intellectual property assets, nor can one use any nickname that insinuates or suggests that the products/services advertised belong to or have any relationship with Mercado Livre. Further, nicknames that are considered offensive will be excluded, as well as those containing any Personal Data of the User or any URL or electronic address.
Mercado Livre reserves the right to refuse any request for registration and to suspend any previously accepted registrations which infringe the policies and rules of these general terms and conditions.
With regard to the classifieds services made available on the sites, Mercado Livre may, at its discretion, request additional registration from Users operating as car dealerships or real estate companies, as a prerequisite to access special advertisement packages. In these cases, once the additional registration has been made, the advertisements for vehicles or real estate placed by car dealerships or real estate companies will only be published on Mercado Livre if the package deals offered by Mercado Livre are contracted or under other means that Mercado Livre may come to allow for these types of Users.
The advertiser acknowledges that it is solely liable for the veracity and for the content contained in its advertisement, holding Mercado Livre harmless from any responsibility in this respect, in addition to warranting, under the terms of the law, that any advertised real estate are in order.
Mercado Livre may, at its sole discretion, carry out searches as it deems necessary to investigate incorrect or untruthful information, in addition to requesting additional data and documents it deems to be pertinent in order to confirm the provided Personal Data.
Should Mercado Livre decide to check the truthfulness of a User’s personal data and detects data that is incorrect or untrue, or where the User has concealed or refuses to send the required documents, Mercado Livre may suspend the account temporarily or permanently, without prejudice to other measures it understands to be necessary and appropriate.
Where any of the aforementioned sanctions are imposed, the respective User’s advertisements will be cancelled, and it shall not be entitled, for that reason, to any compensation or reimbursement.
The User agrees to notify Mercado Livre immediately, through secure channels, about any unauthorized use of its account, including unauthorized access to it by third parties. The User will be solely responsible for the transactions closed on its account, since access will only be possible by entering the password of which the User shall have exclusive knowledge and ownership.
Under no circumstances will it be permitted to assign, sell, lease or otherwise transfer an account (including ratings and reputation). Further, no single individual will be allowed to hold more than one registration, or to create new registrations for those whose original registrations have been temporarily or definitively suspended for having breached the policies of Mercado Livre.
04 – Modifications to the general terms and conditions
Mercado Livre may, at any time, amend these general terms and conditions in order to enhance them and to improve the services provided. The new general terms and conditions will come into effect ten (10) days after their publication on the Websites. Within five (5) days from the placement of the new version, the User should come into contact via e-mail in the event it does not agree with the amended terms. In this case, the contractual relationship will cease to exist, provided that there are no outstanding bills or debts. In the absence of any communication within the stipulated deadline, the User will be understood as having accepted the new general terms and conditions of use and the agreement will remain binding upon the parties.
The changes shall not apply to any ongoing negotiations and advertisements prior to their publication, in which cases the preceding language shall prevail.
05 – Advertised Products
The User may advertise the sale of products or services in their respective categories and subcategories. Advertisements can contain images, texts, descriptions, photos, videos and other material information about the product or service offered, whenever this practice does not infringe any provisions of the law, this agreement and the other policies of Mercado Livre. The product or service offered by the selling User must be clearly described, containing all relevant features. It will be assumed that, by including the advertisement on Mercado Livre, the User has the manifest intention, and declares that it is entitled to sell the product or offer the service, in addition to having the product for immediate delivery. The advertisements must highlight, if necessary, the description of all taxes levied on the transactions, in strict compliance with the applicable tax legislation.
The User also declares that by placing an advertisement it has sufficient products in stock to deliver on its offer.
Mercado Livre may remove those advertisements which final price does not comply with the general terms and conditions of use and its policies, are not sufficiently clear or leave any kind of doubt or variation as to the price, so as to prevent any misunderstanding or inducement to error with regard to the final price of the product.
The user must insert the number of products it wishes to sell and the unit price. If it has several units of the same product that it does not wish to or cannot sell separately, that is, a set, the seller must insert the price of the set, knowing that the sales tariff will be charged on the value of the advertised set even if the user decides to sell, after the placement of the advertisement, one or more units individually.
Products advertised in the Cars, Motorcycles and Others categories must show the all-in price, including any possible debts and supplementary encumbrances which the buyer will have to borne in order to freely dispose of the asset.
Bearing in mind that the buyer receives the advertiser’s contact data (and vice-versa) after communicating the intention to purchase the advertised product, it is forbidden to insert or retain, in the advertisement itself, any Personal Data for contact, such as, but not limited to, telephone numbers, e-mail addresses or internet pages containing the data previously mentioned, exception made to the specific provisions applicable to the following categories: Cars, Motorcycles and Others, in addition to the Real Estate and Services category.
It is forbidden to advertise other methods of payment not expressly available on the Websites. Should the advertiser breach the provisions of this clause, Mercado Livre may edit the advertisement or ask the User to do so, or remove the respective advertisement and, in this case, no reimbursement will be forthcoming of any amount paid or owed with regard to the advertisement removed.
5.1.2 Processing of payments
The user warrants and acknowledges that the processing of payments depends on compliance with several procedures, such as risk analyses and bank clearances, depending on the method used. As a rule, payments by credit card or cash to a Mercado Pago account are processed faster than payments made using bank payment slips. Thus, Mercado Pago will not be liable for the failure to fulfill offers made by the seller where payment is processed after the stock of the advertised product has run out.
5.2 Inclusion of pictures, photos and videos
The user can include pictures, photographs and videos of the product offered, when these correspond exactly to the product advertised, with the exception of services and intangible goods.
Mercado Livre may remove from the Websites advertisements containing pictures, photographs or videos that infringe the general terms and conditions of use and the other policies for using the Websites. Pictures, photographs and videos of the products advertised in the Diamond and Gold modalities shall comply with additional requisites as a condition for being displayed on the Main Page of the sites www.mercadolivre.com.br or www.arremate.com.br. About the requisites.
5.3 Forbidden Products
It is permitted to advertise/offer those products or services which sale is not expressly prohibited under the general terms and conditions, other policies of Mercado Livre, or the prevailing law.
The policies concerning products whose advertising on Mercado Livre is expressly prohibited can be found attached to this document.
5.4 Responsibilities for the use of an advertisement integrator
When the user uses a third-party system to integrate its advertisements on the Websites (“Advertisement Integrator”), it will be responsible for all advertisements placed on the Websites on its behalf by an Advertisement Integrator, and will be fully subject to the general terms and conditions of use and other policies of the Websites.
The user acknowledges that Mercado Livre has no involvement or responsibility regarding the relationship between the User and the Advertisement Integrator.
The user will be liable for any charges and negotiations undertaken by the Advertisement Integrator, and it may not undertake any commitment or grant any rights that conflict with the provisions of the general terms and conditions of use and other policies of the Websites.
The user is solely responsible for the technology employed in integrating the content on the Websites and for any and all failures that occur during integration.
06 – Privacy of Information
All User information or Personal Data is stored on servers or high-security magnetic media. Except with regard to information published on the Websites, Mercado Livre will adopt all possible measures to ensure the confidentiality and security of confidential information, but it will not be held accountable for any losses arising from the disclosure of such information by third parties that use public networks or the internet, circumventing the security systems in order to access user information.
The User expressly authorizes Mercado Livre to share its information and personal data with the other companies comprising the economic group, commercial partners, members of the Intellectual Property Protection Program, authorities, private individuals or legal entities that claim to have suffered losses at the hands of Users.
Should doubts arise regarding the protection or Personal Data, or to obtain further information on Personal Data and the cases in which the confidentiality undertaking covered in this clause can be breached, please go to the page Privacy and Confidentiality.
07 – Obligations of the Users
7.1 Buying User’s Obligations
Users interested in purchasing products or contracting services advertised by sellers on Mercado Livre must communicate their interest during the validity period shown in the advertisement. The duration of the advertisements corresponds to the type of advertisement and the category chosen by the seller, and expires when the respective duration period expires, or when the quantity of the product advertised runs out. After showing interest in purchasing an item advertised using the site tools, a buyer must contact the seller and close the transaction, unless the negotiation is forbidden by law or under these general terms and conditions of use and the exhibits, or in the event the seller or buyer agree to pull out of the deal.
Buying users "with negative scores" (according to the "score meters" used by Mercado Livre) may only purchase a product or hire a service advertised on the Websites using the payment management services of Mercado Pago.
Mercado Livre reserves the right to establish other rules and additional procedures, so that Users "with negative scores" (according to the "score meters" used by Mercado Livre) can purchase a product or hire a service advertised by a seller. These conditions may include third-party services and, occasionally, the payment of tariffs for using these services.
Mercado Livre also reserves the right to recommend that, in the case of advertisements of Users with a negative reputation, potential buyers check out similar products in the advertisements of other Users with a better reputation.
By communicating interest in a product, the buyer agrees to meet the conditions of sale described in the advertisement.
Offers will only be valid if made on the sites of Mercado Livre.
Taxes: Mercado Livre will not be liable for the tax obligations involving the activities of Users of the Websites. As such, as stipulated by the pertinent prevailing legislation, buying Users should ask selling Users for the tax receipts when they negotiate, unless the selling User is making a one-off sale and is not legally classified as a trader/businessman regarding the goods offered for negotiation.
7.2. Selling User’s Obligations
Selling Users must be legally capable of selling the product or providing the service advertised. Selling Users agree to contact the buying User to close a transaction whenever they receive a communication of interest in the purchase of the advertised item. Only in the following exceptional cases may the selling User not proceed with a sale: when there is no agreement with the buying User as to the method of payment or delivery deadline; where it is impossible to verify the identity of the information of the buying User; or if there has been a manifest typing error when inserting the price or quantity of the product advertised.
In compliance with prevailing Brazilian legislation, and in addition to revealing clear and ostensive information about any restrictions as to the purchase of the product or service, a selling User must always indicate in its advertisements the essential features of the product or service, including the risks to consumer health and safety. The User must equally indicate in the advertisement any additional expenses that must be paid by the buying User to acquire the product or service, such as delivery or insurance expenses. Further, selling Users legally qualified as suppliers must indicate the appropriate means by which buying Users can exercise their rights to repentance as to the products offered in the former’s advertisements.
It shall be mandatory for all selling Users to provide buyers with the option of using the Mercado Pago service, which enables payments to be managed and made using a variety of methods, such as credit cards, bank payment slip, or cash remittance to an account (graphical account).
Mercado Livre reserves the right to request, according to the criteria it deems pertinent, that products or services, as well as selling Users, only advertise their goods and services on the Websites using the Mercado Pago payment management services and/or other tools provided by Mercado Livre for charging the goods sold and collecting the fees for the use of the services, resulting, as the case may be, in the payment of the fees applicable for using such services.
When a deal is closed, the selling User shall, whenever and as provided for, pay Mercado Livre in exchange for the services described in clause 1 the amount corresponding to a percentage of the advertised price. This amount shall also be paid in cases where the seller does not complete a rating within the stipulated deadline.
Given that Mercado Livre is not a party to the negotiations for the purchase and sale of services and products that take place between the Users, the responsibility for all obligations arising therefrom, whether, fiscal, labor or consumer, or of any other nature, will be exclusively attributable to the selling User. Thus, the selling User warrants and acknowledges that in the event Mercado Livre or any other group company is subpoenaed or receives a complaint from consumer protection bodies, the amounts referring to the convictions, agreements, court expenses and legal fees paid by the company will be the responsibility of the selling User that gave rise to them, which will too authorize the deduction of the respective amounts from its account with Mercado Pago. Likewise, the selling User acknowledges its responsibility if, on account of its acts or omissions, Mercado Livre pays the buying User the amounts paid by the latter to that selling User (Guaranteed Purchase Program), further authorizing the withdraw of these amounts from its account with Mercado Pago. As it is not a party to the purchase and sale negotiations between Users, Mercado Livre cannot compel the selling User to honor its obligation or close the deal.
When the selling User receives an offer for the purchase of an advertised item, initiating a negotiation, it should rate the counterparty in accordance with the provisions of clause 15 of these general terms and conditions. Should it fail to do so within the deadline established therein, it will be charged, in exchange for the services described in clause 1, an amount corresponding to a percentage of the advertised price, whenever and as provided for, as if the sale had actually been completed.
Selling Users should bear in mind that, insofar as they act as a supplier of products and/or services in a continuous or ad hoc manner, their offer is binding pursuant to the terms of article 30 of the Consumer Protection Code and article 429 of the Civil Code, compliance with which may be enforced in court by the buying User.
For security reasons, the User’s account may be frozen, at the discretion of Mercado Livre, if it suspects any illegality, fraud or other behavior that breaches the provisions of these general terms and conditions for use, or until the investigation and confirmation of (i) matters concerning the User’s reputation; (ii) the legality of the undertaken negotiations; (iii) outstanding complaints; (iv) absence of funds in the Mercado Pago account to meet adverse claims against selling Users; and/or (v) excessive complaints.
Taxes: Mercado Livre is not liable for any tax obligations arising on the deals closed between the buying Users and the selling Users. Thus, full-time selling Users, in accordance with the prevailing law, will be liable for fulfilling the obligations arising from their business, notably for the taxes levied.
In the event the selling user receives a request for a return or for the exercise of its right of repentance within 7 days from the date of receipt of the product by the buying user, the selling user shall accept this request and shall bear the costs involved in doing so, in accordance with the provisions of the Consumer Protection Legislation and these terms and conditions. Thus, Mercado Livre may charge these amounts to the user's graphical account with Mercado Pago. Where the product has been sent using the Mercado Envios tool, Mercado Livre may provide labels so that the buying User can return the product via the Postal Service (Correios), and the corresponding amount will be deducted from the selling user’s graphical account with Mercado Pago. Even when the 7 days have expired, if the selling user does not reply to a complaint or mediation, and in the further event that mediation is concluded in its disfavor, the seller will also bear the cost of the return shipment, and Mercado Livre may deduct the respective amount from its account with Mercado Pago.
In the sale and/or purchase of virtual currencies (Bitcoins), users must retain the negotiation code, since Mercado Livre may request some kind of documentary proof as to the transfer between the parties. If the seller and/or buyer fail to produce the information requested, Mercado Livre may deduct the corresponding amounts from the respective accounts.
08 – Forbidden practices
Users must not, among other attitudes provided for in these general terms and conditions and the exhibits hereto: a) manipulate the prices of the advertised products; b) interfere in the negotiations between other Users; c) maintain any kind of direct communication, via e-mail or in any other manner, except for the questions and answers section of the Websites, with Users which are potential counterparties in a negotiation, before the intention to purchase the respective item has been communicated; d) disclose personal contact information using any means and on any space on the Websites before the intention to purchase the advertised item has been communicated, except as specifically provided for in the category Cars, Motorcycles and Other Vehicles, Services and Real Estate; e) advertise products banned under the policies of Mercado Livre and the legislation; f) attack, slander or defamation against other Users; g) add in their advertisements price increases in the event the buyer opts to pay through Mercado Pago; h) advertise the same product more than once.
These types of behavior may be punished by cancelling the advertisement or freezing Mercado Live User account, without prejudice to the legal actions that might arise from the characterization of crimes or the civil losses that might be caused to the buying Users, Mercado Livre or third parties.
09 – Violations of the system or data base
It is forbidden to use any device, software or other resource that might interfere with the activities and transactions of Mercado Livre, as well as with the advertisements, descriptions, accounts and its data bases. Any interference, attempts or activity that breaches or infringes the law on intellectual property rights and/or the prohibitions stipulated in these general terms and conditions of use, will subject the party responsible to the appropriate legal actions, in addition to the sanctions provided for herein and to liability for damages caused, as the case may be.
10 - Sanctions
Without prejudice to other appropriate measures, Mercado Livre may issue a warning, temporarily or permanently freeze a User’s account, cancel its advertisements or impose a sanction that adversely affects their reputation, at any time, and initiate appropriate legal actions and/or suspend the services it provides if: a) the User fails to comply with any provision of these general terms and conditions of use and other policies of Mercado Livre; b) fails to honor its duties as a User; c) commits acts of fraud or willfully misconduct; d) if its identity cannot be confirmed or if any information provided by it is incorrect; e) if Mercado Livre believes that the User’s advertisements or other attitudes have caused harm to third parties or Mercado Livre itself or have the potential to do so. Where a user’s account is frozen, all active advertisements and/or offers made will be automatically canceled and information stating that the User is no longer a member of the community will be placed alongside the User’s name.
Mercado Livre reserves the right, at any time and at its sole discretion, to request the delivery of personal documentation and/or require a User to become ‘Certified’.
11 - Responsibilities
Mercado Livre is liable for any harm caused to its Users through defects or problems exclusively involving the service it provides for hosting and posting advertisements on the sites www.mercadolivre.com.br and www.arremate.com.br, provided Mercado Livre has given rise to those defects or problems.
Mercado Livre is not liable for technical and/or operational problems or defects arising from the User or third-party systems.
Mercado Livre is neither the owner of the products nor the provider of the services advertised by the Users on the Websites, does not hold these items and does not offer them for sale, nor does it intervene in the delivery of the products, unless the services of Mercado Envios have been contracted, nor in the services advertised by the Users on the Websites.
Mercado Livre shall thus take no responsibility for the existence, quantity, quality, state, integrity or legality of the products offered, acquired or sold by the Users, as well as for the Users’ capacity to contract or for the truthfulness of the personal data they enter on their registration forms. Mercado Livre provides no guarantee for hidden or apparent defects in the negotiations between Users. Each User recognizes and accepts their sole responsibility for the products they advertise or the offers they make.
Mercado Livre will not be responsible for the actual fulfillment of the obligations undertaken by the Users. The User acknowledges and accepts that, on entering into negotiations with other Users or third parties, they do so for their own account and at their own risk, acknowledging Mercado Livre as a mere provider of the services that makes virtual space available for advertising products and services offered by third parties. Under no circumstances will Mercado Livre be liable for loss of earnings or for any harm and/or loss the User may incur on account of the negotiations undertaken, or not, using the sites, arising from the conduct of other users.
Mercado Livre recommends a cautious and common sense approach to all negotiations. The User should weigh up the risks of the negotiation, taking into account that it may, occasionally, be dealing with persons taking advantage of false identity.
In cases where one or more Users, or any third party, initiates any type of complaint or legal action against another User or other Users, each and all User involved in the complaints or actions will exempt Mercado Livre and its officers, managers, employees, agents, operators, representatives and attorneys-in-fact from all responsibility, including with due regard for the provisions of clause 7. Users have a period of 90 days from the date of purchase to file a complaint against another/other User(s). Once this period has elapsed, it will not be possible to file a complaint through the Mercado Livre site.
Since the selling User has the option of excluding, asking or preventing other Users from asking questions about or making bids to purchase from its advertisements, the selling User expressly warrants that should it exercise this option, it will be solely responsible for doing so and will accept any consequences arising therefrom, exception made to the responsibilities arising from article 39, II of Law 8078/90.
12 – Extent of the services
These general terms and conditions of use create no articles of association, mandate, franchise or employment relationship between Mercado Livre and the User. The User acknowledges that Mercado Livre is not a party to any negotiations between the Users, nor does it have any control over the existence, quality, safety or legality of the products or services advertised by the Users, the veracity of exactness of the advertisements submitted by the users and the ability of the Users to negotiate. Mercado Livre cannot guarantee the success of any negotiation between Users, nor can it verify the identity or Personal Data of the users.
Mercado Livre does not guarantee the truthfulness of third-party advertisements placed on its site, and will not be responsible for any correspondence or agreements between the User and third parties.
13 – Failures in the system
Mercado Livre undertakes no responsibility for any damage, harm or loss experienced by the User on account of failures in the internet, the User’s system or the server arising from acts by third parties, or unforeseeable or force majeure events. Furthermore, Mercado Livre shall not be responsible for any viruses that might attack the user’s equipment arising from access, use or browsing on the internet or as the consequence of transferring data, files, pictures, texts, videos or audio.
14 – Fees and billing
Registration on Mercado Livre is free. However, a Sales Fee will be charged, which will only be dude to Mercado Livre when the negotiation is concluded. In the case of advertisements in the Cars, Motorcycles and Others, Real Estate and Services categories, only an Advertising Fee will be charged.
The user agrees to pay Mercado Livre the amounts representing any service provided by Mercado Livre for which a fee has been established. Mercado Livre reserves the right to modify, increase or exclude the fees prevailing at any time, with due regard for the provisions in clause 4, or during sales and other temporary means of changing the prevailing prices. Such changes will not produce effects in regards to negotiations and advertisements already initiated on the date on which those changes are published. In these cases, the general terms and conditions of use will prevail with the preceding language.
Mercado Livre reserves the right to take appropriate judicial and extrajudicial measures to receive the amounts it is owed.
15 – Reputation system
The User enjoys a system for rating its counterparty, according to the negotiations in which they have engaged. The reputation system is periodically updated, according to the rating inserted by the Users. This is an important tool and represents the User’s freedom of expression on the Mercado Livre platform, and it is free to comment on the purchase and sale relationship that occurred.
Buying users and selling users must insert a rating, informing whether or not the negotiation was concluded and including a comment that is the basis and/or justification for the type of rating inserted (positive, neutral or negative), taking full responsibility for what they write therein. Mercado Livre does not verify the truthfulness or the accuracy of the ratings or comments, and is not responsible for the content on account of the negotiations held, or for any other comment expressed on the Websites or through any other media, including e-mail. Mercado Livre reserves the right to edit or exclude comments which are offensive or which infringe these general terms and conditions and their exhibits. Furthermore, Mercado Livre may exclude the opinions and/or comments about a User, in compliance with a court or administrative order, or an order from a competent authority justifying the alteration.
16 - Intellectual Property and links
The commercial use of the expression "Mercado Livre" as a trademark, business name or domain name, the content of the screens referring to the services of Mercado Livre, as well as the programs, look and feel of the Websites, data bases, networks and files that enable the User to access and use their account are the property of Mercado Livre and protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs. Improper use and the total or partial reproduction of that content are prohibited, except with the prior and express written approval of Mercado Livre.
The websites may contain links to other websites, which does not mean that those sites belong to or are operated by Mercado Livre. As it has no control over those third-party sites, Mercado Livre will not be responsible for their content, practices and the services offered. The presence of links to other sites does not imply a business, supervisory, complicity or solidarity relationship between Mercado Livre, those sites and their content.
The User warrants and guarantees that it is the owner, has the proper authorization of the owner(s) of the intellectual property right(s) or that, in any other manner, it can advertise on Mercado Livre, offer products and/or services advertised or declare himself to be the official store of a given brand, and that it is solely responsible for the content of its advertisements.
The User assumes full responsibility for all direct and indirect losses, including compensation, future earnings, legal fees and other judicial and extrajudicial surcharges that Mercado Livre is forced to incur on account of acts or omissions by the User.
If Mercado Livre receives a complaint from, or is called into question by, third parties (for example, owners of trademarks), Mercado Livre may remove your advertisement and impose the appropriate sanctions.
17 - Indemnity
The user will indemnify Mercado Livre, its branches, subsidiary companies or parent companies, officers, managers, staff, representatives and employees for any claims filed by other Users or third parties arising from its activities on the Websites and from its non-compliance with the general terms and conditions of use and other policies of Mercado Livre, or for having infringed any law or third-party rights, including lawyers’ fees.
18 - Exhibits
The following documents and/or sections of Mercado Livre, incorporated for reference, are an integral and inseparable part of these general terms and conditions of use, providing details of the policies and/or terms and conditions of the various services offered by the Websites. These documents can be consulted on the site itself by clicking on the corresponding page mentioned below:
19 – Dispute Resolution
Mercado Livre provides, without charge to its users, a complete structure to solve complaints and also provides, cost free, a mediation team that, besides mediating disputes, can at the end make an administatrive decision regarding the amount of money involved in the operation, as there is, in most cases, the need to release the money made from the transaction to the seller´s Mercado Pago account or refund it to the buyer.
Such structure aims to avoid the judicialization of disputes that can, eventually, emerge on the platform, and to accomplish it, Mercado Livre has signed agreements and partnerships with authorities in order to promote and encourage an amicable solution between buyers and sellers in the negotiation.
Complying with the rules of the Guarantee Purchase Program, specially regarding the deadlines to initiate a complaint on the platform, there is a refund guarantee.
For such reasons, the users commit to the use of the platform tools (complaints/mediation) as the first mean to solve disputes originated from the trades made on Mercado Livre's website.
The users will also be able to search for a costumer dispute resolution through the web service www.consumidor.gov.br, kept by the Nacional Consumer Secretary (SENACON) of the Ministry of Justice and Public Safety, that is made available without any charges for the entire country's costumers, with the single goal to reduce the amount of judicialized disputes.
The meeting of the measures set above aims the effective complaint resolution made by the users, or, in the hypothesis of not solving the matter through the means made available, it could be used as an indicative that this request could not be granted.
20 – Applicable legislation and jurisdiction
All the items in these general terms and conditions of use are governed by the laws prevailing in the Federative Republic of Brazil. In the case of all matters involving the interpretation, compliance or any other points raised regarding these general terms and conditions of use, the parties agree to submit to the jurisdiction of the courts of the city of São Paulo, State of São Paulo-SP, with the exception of complaints filed by Users classified under the law as consumers, who may file such complaints within the jurisdiction of their domicile.
21 – Correspondence address
All requisitions, correspondence, notifications or requests for information should be sent to the address of Ebazar.com.br Ltda., at Av. das Nações Unidas, No. 3.003, Bonfim district, Osasco/SP - Postal Code 06233-903.