Wine Law

13 from one party to the other may also take place at a different time (and therefore at a different place) at the time (place) when the transfer of costs takes place. It is exactly what Incoterms are for. Within Incoterms, the passage of risks is identified as the "delivery" of goods. In order to clearly identify the time/place of delivery, it has been decided at international level to introduce a series of "goods return" terms, called Incoterms (International Commercial Terms). These rules are designed to uniquely identify the distribution of costs related to the transport of goods and the time when the transfer of risks and responsibilities from the seller to the buyer takes place. Their function is to facilitate trade by clearly establishing the obligations of the parties to a sales contract, especially in cases where they are established in different countries, reducing the risk of legal complications. The use of Incoterms is optional: for their validity in a sale, they must be expressly provided for in the contract and previously accepted by both parties. It should be specified that Incoterms refer to the contract of sale and not to the contract of transport and shipping nor to the contract of insurance and/or financing, although it is recommended that these take into account the conditions of sale established to avoid inconsistencies and unexpected consequences. As known, Incoterms were developed by the International Chamber of Commerce (ICC) for the first time in 1936, and have immediately assumed great importance in international trade and, recently, also in national trade. They were periodically updated in 1953, 1967, 1976, 1980, 1990, 2000, 2010 16 , in order to be in line with the evolution of commercial practices. The eighth revision, which began in 2016, led to a new edition of Incoterms, published on September 10, 2019 and formally entered into force on January 1, 2020 17 . In any case, each previous edition remains valid and always applicable, if expressly mentioned in the contract. 16 Jan Ramberg, Incoterms 2010 , 29 Penn St. Int'l L. Rev. 415,415 (2011). 17 Celal Samil Demirci, Kemal Burak Yalcin & Mustaga Sait Okur, Incoterms 2020 , 23 GSI Articletter 24,24 (2020). Van Hall Sonja, European Journal of Commercial Contract Law, vol. 11, n. 3, dec. 2020, pp. 45-51.