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.
All seller users in Mercado Libre expressly accept that, under the Protected Purchase program, buyer users can request the return of the purchase (which constitutes the revocation of their consent to the purchase) if they regret the purchase, if they do not receive the expected item, if they receive a different item from the advertised one or the item is faulty.
2- Requirements to enter the program
The buyer must have initiated a claim or, where appropriate, an express return, in the following terms:
(a) within 10 (ten) days as from the delivery of the item, or the longer period that the user has to initiate the claim or express return based on their level of "Mercado Puntos" up to a maximum of 60 days from delivery, if the item was different than the one ordered or faulty from fabrication, or if it were decided to revoke the purchase, or (b) within 21 (twenty-one) days following the date of the transaction, if the item was not received.
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.
Regarding the Item and Payment
1) The item specified in the claim must have been purchased through Mercado Libre's website, and paid through the Mercado Pago online payment management system. Items paid using transfers or inflow of Funds (envíos o ingresos de dinero) will no be covered by the Protected Purchase program.
2) If the buyer requests the return of the purchase through the express return process, the item must have been delivered using Mercado Envío.
3) 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 policies.
4) The item specified in the claim must not be in the categories “Services”, “Vehicles”, “Motorcycles and Others” and/or “Real Estate” or living beings published in the category “Animals and Pets”. The express return process will not be available for items within the excluded categories.
Regarding the Process of the Claim
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. The claim process is not sufficient for that purpose, since a Mediation must be initiated. On the other hand, in the event of an express return process, the buyer is only required to make the express return request within the indicated term. Mercado Libre may indicate, in accordance with the conditions it deems pertinent, in which cases a buyer may return an item using the express return process.
The buyer can not obtain the Protected Purchase coverage if the buyer has filed a legal or administrative action against Mercado Libre and/or Mercado Pago. Otherwise, the user must abandon any such actions before Mercado Pago can resume the regular procedure under the program.
The buyer can not have access to the Protected Purchase program if the buyer repudiated payment in the case of credit card purchases (chargeback).
The buyer waives to file a legal or administrative action against Mercado Libre and/or of Mercado Pago regarding the purchase with respect to which the coverage of the Protected Purchase has been required, independently of the decision taken by Mercado Pago in relation to the granting or not of the coverage. Likewise, the buyer also waives to repudiate payment in the case of credit card purchases (chargeback).
3- Settlement of Claims
A) 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 the 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.
B) 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 or the claim process, in the same conditions in which the buyer received the item (qualities of the item, accessories, packaging, etc.)
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 accepts that the cancellation of the payment through his credit card is subject to the terms established by the participating banking entities, which are outside the control of Mercado Pago.
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 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 shipping 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.
The coverage offered by Mercado Pago through the Protected Purchase program is free of charge, regardless of the decision adopted by Mercado Pago.
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.
8- 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.