Seller Protection Program
1- General conditions
This Seller Protection Program (hereinafter the "Program") applies to the Mercado Pago User who has sold a tangible good through Mercado Libre and has complied with certain sale and product delivery requirements.
Mercado Pago may refund a certain amount related to a particular order in which the payment thereof has been charged back or reversed by the User transferring the Funds.
2- Requirements to participate in the program
In order for a refund to be processed, the user receiving the funds must meet the requirements deemed necessary by Mercado Pago and they must be presented when so required.
3- Program coverage
The Program will cover complaints for tangible items only and will not cover complaints for:
- Intangible goods;
- Services;
- Licenses or access to certain content;
- Products prohibited by law and/or General terms and conditions;
- Goods that have been retained by the competent tax and customs authorities for non-compliance with the legal regulations in force;
- Any situation in which not all the Requirements are present;
- Payments made through telesales,
- Payments made through money transfers.
4- Complaint procedure
Mercado Pago will notify the User receiving the Funds when it receives a complaint or a chargeback made by the purchasing User, in order to request the accreditation of the Requirements. Once all the Requirements have been credited, Mercado Pago will analyze the possibility of refunding a certain amount related to the order in question and will inform them of its decision.
In the event that Mercado Pago decides to cover the complaint, it will reimburse (at its sole discretion) all or part of the amount involved in the complaint, chargeback or reversal made by or at the request of the purchasing User.
Despite the fact that a complaint meets all the requirements established for its coverage under the Program, Mercado Pago reserves the right to decline or deny its coverage, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to indemnification or compensation in favor of the User.
The User participating in the Program undertakes not to make any judicial, administrative or extrajudicial complaint against Mercado Pago or any of its related companies, or its partners, directors, managers, representatives or other employees for any eventual difference between the damages suffered and the amount received by the Program.
5- Costs
The Program and the coverage provided by Mercado Pago through it are totally free of charge, regardless of the decision adopted by Mercado Pago regarding its application to each specific case.
6- Mercado Pago does not provide insurance
It is expressly clarified that Mercado Pago is not an insurance company and does not provide or offer any insurance through the Seller Protection Program. It only allows the Mercado Pago User to receive a refund of a certain amount related to a particular order in which the payment for such order has been charged back, cancelled or reversed by the User transferring the Funds, or in which the latter declares not to have received the purchased product, provided that the User receiving the Funds meets the applicable Requirements.
7- Prohibitions
Users may not engage in conduct or acts that in Mercado Pago's opinion are wrongful or fraudulent in order to get coverage under the Program, nor may they act in complicity with other persons or Users for the purpose of getting coverage.
This type of activities, as well as repeated complaints, will be investigated by Mercado Pago and the Users involved may be sanctioned with the suspension or cancellation of their Mercado Pago User accounts and even of their Mercado Libre website account, without prejudice to the pertinent legal actions.
8- Program updates. Duration
Mercado Pago may update the Terms and conditions and/or requirements and other conditions of the Program at any time. Mercado Pago will notify the User of the changes by publishing an updated version of such terms and conditions on the website, stating the date of the last update and communicating it to the User's main email address. Within 5 (five) calendar days following the publication of the changes made and the sending of the communication to the User, the User must contact the Customer Service if they do not accept them; in such case, the contractual relationship will be dissolved. Upon the end of this timeframe, the User will be deemed to accept the new terms and the contract will continue to bind both parties.
In turn, Mercado Pago reserves the right to discontinue, terminate, cancel, temporarily or definitively suspend the Program without giving rise to any right to make complaints by the Users, whether they have initiated a complaint or not.
9- Jurisdiction and applicable law. Address
This agreement shall be governed in all its points by the laws in force in the Republic of Colombia. Any dispute arising from this agreement, its existence, validity, interpretation, scope or compliance, shall be submitted to the courts of the City of Bogota.
Mercado Pago Colombia S.A. address is at Carrera 17 No. 93-09, 3rd floor, Bogota D.C., Colombia.