Wine Law

5 4. The Sale Contract The first aspect to take care of when concluding the contract is the exact identification of the buyer 9 , that is represented by: - the exact name of the foreign company; - the registered office; - the operational headquarters; - tax data; - registration in the commercial register; - the type of enterprise (individual, company, type of company). This information makes it possible to make inquiries to know, for example, if the counterparty is solvent, but also the competent jurisdiction (which is not that of the operational headquarters but that of the registered office, with important consequences if the reference context is no longer the community one). Moreover, it should be remembered that the persons who carry out the negotiations are not always the same who stipulate the contract and this could, in simple verbal transactions generate confusion among the persons obliged by the contract. Another important aspect is represented by the definition of the quality of the goods sold and the relative guarantee since, although there is an international standard that regulates this case, its generic nature risks leading to disputes. The reference is to Article 35 of the United Nations Convention on the International Sale of Goods, the so-called Vienna Convention 10 . It should also be remembered the complex legislation on labeling generally imposed by various countries 11 . It would be important, in order to avoid costs and risks, to establish in contract that it is the importer's responsibility to provide exact information about it. 9 Most of the time the business correspondence does not report the complete data of the parties. 10 United Nation Convention on Contracts for the International Sale of Goods (Vienna, 1980). 11 On the specific profile of international sale of wine see D. Saluzzo, Applicable law to transnational wine transaction, in O. M. C ALLIANO (edited by) E-Wine. Aspetti gius-economici della ocmunicazione e distribuzione del vino online , Torino, 2018.