Site Use Terms and Conditions
Valid from October 19, 2012
This agreement describes the general terms and conditions (the "General Terms and Conditions”) for the use of the services offered by DeRemate.com de México, S. de R.L de C.V. and MercadoLibre, S. de R.L de C.V. (the “Services") on the sites www.mercadolibre.com.mx and www.deremate.com.mx (the "Site"). On the Site and in these General Terms and Conditions, DeRemate.com de México, S. de R.L de C.V., MercadoLibre, S. de R.L de C.V., and the Site will be indistinctly referred to as MercadoLibre. Any person who may wish to access and/or use the site or the services may do so in compliance with the General Terms and Conditions and any other policy or principle governing MercadoLibre and incorporated herein by reference.
ANY PERSON WHO REFUSES TO ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.
01 - Capacity
The Services are only be available to persons who have legal capacity to enter into contracts. The services may not be used by persons lacking such capacity, minors or MercadoLibre Users who have been temporarily suspended or definitively banned. If you are registering a User as a Company, you must be authorized to enter into contracts on behalf of such company and bind it under the terms of this Agreement.
02 - Registration
The whole registration form must be completed with valid information in order to use the services provided by MercadoLibre. The future User must furnish accurate and true personal information ("Personal Data") and undertakes to keep it updated as necessary. MercadoLibre may identify its Users through several means, but MercadoLibre will NOT be liable for the accuracy of the Personal Data furnished by its Users. The Users warrant and will be liable, in all cases, for the truthfulness, accuracy, validity, and authenticity of the Personal Data entered.
MercadoLibre may, at its sole discretion, require an additional registration from Users operating as dealers or real estate agents to give them access to special packages for their posts. In such cases, once the additional registration is completed, any car or real estate sale offers made by the dealers or real estate agents, respectively, will only be posted on MercadoLibre through any such packages or in the manners specifically prescribed by MercadoLibre for this type of Users.
MercadoLibre reserves the right to request any proof of identification and/or additional information to corroborate the Personal Data, and to temporarily or definitively suspend those Users whose information could not be verified. In these disqualification cases, the items posted and any offers made by the User will be terminated without compensation to the User.
The User will access his personal account (“Account”) by entering his User ID and chosen password (“Password”). The User undertakes to keep his Password confidential.
The User will have a single, personal, non-transferable Account and may not create or hold more than one Account. If Mercado Libre determines that different Accounts share identical or related information, it may cancel, suspend or ban them.
The User will be liable for all transactions conducted through his Account, given that access to it is only possible by entering and using the User’s Password, which is known to the User only. The User undertakes to immediately notify MercadoLibre through valid means of any unauthorized use of the User’s Account, as well as any unauthorized access to the Account by third parties. The sale, assignment, or transfer of the Account (including the pertaining score and feedback) in any form are prohibited.
MercadoLibre reserves the right to reject any registration request or cancel a previously accepted registration without the need to communicate or state the reasons for such decision and without any compensation or damages.
03 - Amendments to this Agreement
MercadoLibre may amend the General Terms and Conditions at any time by posting the amended terms on the Site. Any amended terms will enter into effect 10 (ten) days after their publication. Within 5 (five) days following the publication of the amendments, the User must state via e-mail his non-conformity, upon which the agreement will be terminated together with his Account, provided no payments are pending. Upon expiration of the referred term, the Users will be deemed to have accepted the new terms and the agreement will continue to be binding upon both parties.
04 - Listing Goods
4.1 Use of MercadoPago. By posting an item on the Site, the seller expressly consents to the use of Mercado Pago as one of the means available to pay for the offered goods or services and undertakes to refrain from modifying the sale price if the buyer decides to use MercadoPago. Further, the user declares that he has read, understood, and accepted the Terms and Conditions of use of such service.
4.2 Posting goods and/or services. The User must offer the goods and/or services for sale under the appropriate categories and subcategories. The items may include descriptions, graphs, photos and other contents and terms relevant to the sale of the goods or the hiring of the service, provided they comply with this agreement or other policies of MercadoLibre. The product offered by the Seller must be accurately described in terms of its condition and relevant characteristics. It is understood and assumed that, by posting the goods or services on MercadoLibre, the User accepts that he has the intention and the right to sell the offered goods, on his own behalf or on behalf of their owner, and that the goods are available for immediate delivery. The price of the posted items must include VAT, where such tax is applicable, and be expressed in legal tender. MercadoLibre may remove any item where the price is not expressed in such manner in order to avoid confusion or misinterpretations regarding the product’s final price. No description may contain personal or contact information, including, without limitation, phone numbers, e-mail addresses, postal address, websites containing such information, except as otherwise specifically provided for the following categories: Cars, motorcycles, and other, Real Estate, and Services. No forms of payment other than those listed by MercadoLibre may be published in the posted item. Any breach of these provisions will entitle MercadoLibre to edit, ask the User to edit, or remove the infringing item without reimbursement of insertion fees.
4.3 Inclusion of images and photographs. The user may include images and photographs of the offered product, provided they depict the actual item, except where, due to the nature of the goods, products or services, such depiction is impracticable.
MercadoLibre may prohibit posting a photograph, or even the item, if it determines, at its sole discretion, that the image violates these Terms and Conditions. The images and photographs of items posted under Oro Premium or Oro modalities must comply with some additional requirements in order to be featured on the Site’s Homepage. Learn about these requirements.
4.4 Prohibited Items. Goods and/or services listings must only contain offered goods and services whose sale is not implicitly or expressly prohibited under the General Terms and Conditions and remaining policies of MercadoLibre and under the applicable laws. For further information on prohibited goods or services, see MercadoLibre’s Policy on Prohibited Items.
05 - Information Privacy
In order to use the Services offered by MercadoLibre, Users must submit certain personal information, which is processed and stored in servers or magnetic media meeting high physical and technological security and protection standards. For further information on Personal Data privacy and those cases in which personal information is disclosed, see our Privacy Policies.
06 - Users’ Obligations
6.1 Buyer’s Obligations. During the term set by the Seller, interested Users will enter bids for the sale of goods and for the hiring of services. The sale offer ends on the term’s expiry or when the quantities specified by the Seller run out, and the service hiring offer ends on the post term’s expiry.
The Buyer must attempt to contact the seller and complete the transaction if he made an offer for an item posted under the “Buy It Now” method or if he made the highest bid, where this method is allowed, except the transaction is prohibited by law or by the General Terms and Conditions and remaining policies of MercadoLibre, in which case the Buyer will have no obligation to go through with the transaction.
By entering a bid for an item, the User accepts to be bound by the conditions of sale included in the item’s description, provided they do not infringe the applicable laws or the General Terms and Conditions and remaining policies of MercadoLibre. The bid is irrevocable, save for exceptional circumstances such as the seller substantially modifying the item’s description after a bid has been entered, or where there is a clear typographical error, or where the seller’s identity cannot be verified.
Bids will only be considered valid once processed by MercadoLibre’s information system.
Taxes. As set forth under the applicable tax laws, the buyer must demand an invoice or ticket from the seller as proof of the transaction. The seller will not have the obligation to issue an invoice or ticket only if he is an individual not regularly engaged in sale transactions.
6.2. Seller’s Obligations. The Seller must have the legal capacity to sell the offered item.
If the Seller receives at least one bid exceeding the established minimum price, he must attempt to contact the buyer and complete the transaction with the User who has made the highest bid or the bid which meets the price set under the “Buy It Now” method. Only under exceptional circumstances may the Seller cancel the transaction, such as the impossibility to agree with the Buyer on the means of payment or delivery method, or where the Buyer’s true identity or other information cannot be verified.
Given that MercadoLibre** **serves as a place of interaction between the buyer and the seller and does not participate in the transactions made between them, the Seller will be liable for any obligations and tax charges applicable to the sale of his items and Mercado Libre will be discharged from any liability for breaches thereof.
When the Seller has received an offer for an item he posted, he must rate the counterparty pursuant to Section 14 of these General Terms and Conditions.
Taxes. As already set forth, Mercado Libre merely places at the Users’ disposal a virtual place where they may communicate over the Internet in order to sell or buy goods and/or services. MercadoLibre** **has no participation whatsoever in the negotiation process and the completion of the final contract between the parties. Therefore, Mercado Libre will not be liable for the performance of the tax obligations set forth under the applicable laws.
For further information, click here.
07 - Prohibitions
Users may not: (a) Manipulate item prices; (b) interfere with Users’ bids; (c) contact Users participating in the offer via e-mail or other means (including social networks) during the term of the offer, except for the Questions and Answers section; (d) disclose their personal information or other users’ personal information through the Questions and Answers section and/or any other means (including, without limitation, Twitter, Facebook, and/or any other social network), unless as otherwise specifically provided for the following categories: Cars, motorcycles, and other, Real Estate, and Services; (e) accept personal information furnished by other users through the Questions and Answers section and/or any other means (including, without limitation, Twitter, Facebook, and/or any other social network); (f) publish or sell items prohibited under these General Terms and Conditions, MercadoLibre’s other policies, and the applicable laws; (g) insult or harass other Users; (h) use their reputation, feedback ratings, comments or answers received on MercadoLibre’s site in any place other than MercadoLibre; (i) state in any way in their posts or questions and answers any increase or change in the price of the offered good or service when the buyer chooses Mercado Pago to pay for the acquired item; (j) state in any way in their posts or questions and answers that they do not accept payments through MercadoPago.
This type of activities will be investigated by MercadoLibre and the infringer may be penalized with the suspension or termination of the offer and even of his MercadoLibre User account and/or with any other measure MercadoLibre may find suitable, notwithstanding any legal actions arising from the commission of unlawful acts or infringement or any damage suffered by the offering Users.
08 - Database or System Violations
Any act or use of devices, software or other means to interfere with the activities and operations of MercadoLibre and the offers, descriptions, accounts or databases of MercadoLibre is prohibited. Any intrusion, attempted intrusion or act in violation of laws on intellectual property rights and/or the prohibitions set forth in this agreement will be prosecuted under the law and penalized as provided for herein. Further, the wrongdoer will be liable for the relevant damages.
09 - Penalties. Suspension of operations
Notwithstanding other measures, Mercado Libre may warn a User, temporarily or definitively suspend his Account or a post, impose a penalty adversely affecting his reputation, commence the relevant proceedings and/or suspend the provision of MercadoLibre’s Services where (a) there is a violation of the applicable law or MercadoLibre’s General Terms and Conditions or other policies; (b) the User’s obligations are breached; (c) at MercadoLibre’s sole discretion, malicious or fraudulent acts have been performed; (d) the User’s identity cannot be verified or any information provided by the User is erroneous; (e) Mercado Libre understands that posts or other acts may give rise to liability on the part of the posting User, MercadoLibre, or other Users. Where a User is temporarily or definitively suspended, all items posted by him will be removed from the system and under no circumstances will the relevant insertion fees be reimbursed. In addition, all bids for auctioned goods will be deleted from the system.
10 - Liability
MercadoLibre merely places at the Users’ disposal a virtual place where they may communicate over the Internet in order to sell or buy goods or services. MercadoLibre does not own, possess, or sell the offered items. MercadoLibre is not involved in the completion of the transactions between the Users nor in the terms agreed upon between them for such transactions. Therefore, MercadoLibre shall not be liable for the existence, quality, quantity, conditions, integrity, or legitimacy of the items offered, acquired, or sold by the Users, nor for their legal capacity to enter into contracts, or for the accuracy of the Personal Data entered by them. Each User acknowledges and accepts full responsibility for the items posted for sale and for the offers and/or purchases made by him.
Given that MercadoLibre has no participation whatsoever during the time the item is posted for sale, in the subsequent negotiation or in the completion of the final contract between the parties, MercadoLibre shall not be liable for the performance of the obligations undertaken by the Users when carrying through the transaction. The User knows and accepts that transactions with other Users or third parties are made at his own risk. Under no circumstances shall MercadoLibre be liable for the loss of profits or any other damage and/or harm suffered by the User and arising from the transactions made or not made for items posted on MercadoLibre.
MercadoLibre recommends acting prudently and using common sense at the time of conducting transactions with other Users. The User must also take into account the risks of entering into contracts with minors or individuals with forged identities. MercadoLibre shall NOT be liable for offers and/or transactions made with other Users on the basis of the trust reposed in the system or Services furnished by MercadoLibre.
Where one or more Users or a third party file any claim or legal action against other User or Users, each and every User involved in the claim or action must exempt MercadoLibre and its directors, managers, employees, agents, operators, representatives, and attorneys-in-fact from any liability.
Given that the seller has the power to remove questions or block a user from asking questions or making offers in his posts, it is understood that, in that case, the user shall be solely liable for such decision and any consequences that may result.
11 - Scope of MercadoLibre’s Services
No partnership, agency, franchise or employment relationship between MercadoLibre and the User is created by this agreement. The User acknowledges and accepts that MercadoLibre is not involved in any transaction nor does it have any control over the quality, safety, or lawfulness of the posted items, the truthfulness or accuracy of the posts, or the legal capacity of the Users to sell or purchase items. MercadoLibre cannot guarantee that a User will carry through a transaction or verify his identity or the Personal Data furnished by him. MercadoLibre does not guarantee the veracity of third parties’ advertisements appearing on the site and shall not be held liable for the correspondence or agreements between the User and such third parties or other Users.
12 - System Failures
MercadoLibre shall not be held liable for any damage, harm, or loss suffered by the User as a result of system, server, or Internet failures. Further, MercadoLibre shall not be held liable for any virus that may infect the User’s equipment upon accessing, using, or reviewing the site or as a result of any transfer of data, files, images, texts, or audio hosted on the site. Users may NOT attribute any liability whatsoever to MercadoLibre or demand compensation for loss of profits due to the damage caused by technical difficulties or system or Internet failures. MercadoLibre does not** guarantee continued or uninterrupted access to and use of its website. The system might not be available at times due to technical difficulties, Internet failures or any other circumstance beyond the control of MercadoLibre. In such cases, the situation will be rectified as soon as possible, and MercadoLibre** will be exempted from any liability. MercadoLibre will not be liable for any errors or omissions on its website.
13 - Fees. Invoicing
Registration on Mercado Libre is free of charge. When posting goods or services for sale, the user must pay an insertion fee that will vary according to the ad’s prominence on the Website. A sales commission will be charged by Mercado Libre only if the transaction is completed or where the user does not rate the transaction within the applicable term.
In exchange for the use of the Services, the Seller must pay a fee ("Fee") to MercadoLibre when the transaction is completed or in those cases specified in the Fees and Invoicing section.
The User undertakes to pay MercadoLibre the Fee, insertion fees, or any other sum charged for services rendered by MercadoLibre for which an applicable fee has been established.
MercadoLibre reserves the right to modify, change, add, or remove the applicable fees at any time, which must be notified to the Users as provided for in Section 3MercadoLibre may temporarily modify the Fees Policy and the fees charged for its services under special offers. These modifications will enter into effect upon publication of the special offer or relevant advertisement.
MercadoLibre reserves the right to adopt any court or out-of-court measures to secure payment of the amount due.
Where charges are erroneously invoiced, the User must contact our Customer Care team to resolve this problem.
For further information, see our Invoicing Policies.
14 - Feedback System
Given that it is difficult to verify Users’ identity on the Internet, Mercado Libre cannot and does not confirm the purported identity of each User. Therefore, the User has access to a User feedback system which is regularly updated on the basis of information on a User’s activity on the site and the comments entered by Users regarding the transactions they have conducted. Both the buyer and the seller must leave feedback informing whether the transaction was completed or not, plus an optional comment if they wish. This feedback system will also feature a section where Users can access and leave comments on and replies to the feedback received. Any comments shall be included at the sole responsibility of their authors.
Since the ratings, comments, and replies are made by Users, they will be included at the sole responsibility of their author. Mercado Libre is under no obligation to verify their truthfulness or accuracy and shall NOT be liable for the comments entered by any User, for the bids or sale offers made by Users on the basis of such comments or the trust reposed in the ratings of the counterparty or any other comment posted on the site or through any other means, such as e-mail. Mercado Libre reserves the right to remove comments considered inadequate or offensive. Mercado Libre retains the right to exclude those Users negatively rated from different sources.
For further information on the feedback system, read about the Feedback System at MercadoLibre.
15 - Intellectual Property. Links
The contents of screens related to the services provided by MercadoLibre and the programs, databases, networks, and files allowing the User to access and use his Account are owned by MercadoLibre and are protected by international laws and treaties on copyright, trademarks, patents, industrial designs and models. The undue use and total or partial reproduction of such contents are prohibited unless expressly authorized in writing by MercadoLibre.
The Site may contain links to other websites (including sites belonging to the MercadoSocios Program), which does not entail that they are owned or operated by MercadoLibre. Given that such websites are beyond MercadoLibre’s control, MercadoLibre shall NOT be liable for their contents, materials, actions and/or services provided by them, or for direct or indirect damage or losses caused by their use. The presence of links to other websites does not entail a partnership or relationship with or the approval or support by MercadoLibre with respect to such sites and their contents.
16 - Indemnity
The User must indemnify and hold MercadoLibre, its subsidiaries, controlled and/or controlling companies, high officials, managers, representatives, and employees harmless from any claim or demand by other Users or by third parties, including reasonable attorneys' fees, due to or arising out of the User’s activity on the Site or his breach of the General Terms and Conditions and other Policies incorporated herein or the violation of any law or the rights of a third party.
17 - Annexes
The following documents and/or sections of Mercado Libre incorporated by reference, where the policies and/or Terms and Conditions of different services offered on the site are specified, are an integral part hereof. They may be accessed within the site through the link below or by directly accessing the pertaining pages:
- Intellectual Property Protection Program
- Prohibited Items
- Items in violation of intellectual property rights
- Posting Policies
- User ID Policy
- Fees and Invoicing
- Feedback System
- MercadoLíderes Program
- MercadoClics Hiring Terms and Conditions
- Terms and Conditions of MercadoPago
- Terms and Conditions of Mercado Envíos
- Terms and Conditions of Use of MercadoShops
- Purchaser Protection Program
18 - Jurisdiction and Applicable Law
This agreement shall be wholly governed by the laws in effect of the Mexican Republic; particularly, any aspects regarding data messages, electronic hiring, and e-commerce shall be subject to the respective federal laws. Any dispute arising from this agreement, its existence, validity, construction, scope, or performance must be regulated by the applicable law and the Courts of competent jurisdiction.
As regards the construction, observance, and performance of this agreement, the parties expressly submit to the jurisdiction of the competent courts in the City of Mexico, D.F., therefore waiving any other jurisdiction based on their current or future address.
19 - Offices
DeRemate.com de México, S. de R.L. de C.V. and MercadoLibre, S. de R.L. de C.V. are located at Felix Cuevas No. 6 Quinto Piso Oficina 501, Colonia Tlacoquemecatl del Valle, Benito Juarez (Código Postal 03200) México, D.F., México.