Unless otherwise agreed, delivery and insurance of goods to find destination outside Spain will be paid for up to the agreed destination “CPT – Carriage Paid To” (in accordance with the provisions of in the most recent version of the Incoterms as drawn up by the International Chamber of Commerce). Enjoy Wine SL shall bear the transport costs, but the risk associated with transporting the goods shall pass to the Buyer at the moment that Enjoy Wine SL has confounded the goods over to the first transport company.
For shipments within Spain, the goods shall be transported at the risk of Enjoy Wine SL, unless explicitly agreed otherwise. The transport costs shall be displayed upon payment. The risk associated with the Products shall pass to be Buyer at the moment that these are presented for receipt at the delivery address.
The choice of the means of transport is that of Enjoy Wine SL, also in case of paid shipments, with no requirements for the shipment issued by the Buyer. Temporary hindrances or impediments in transport with the chosen means of transport, don't automatically require the use of another means of transport.
If the Buyer, notwithstanding paragraph 2 and 3, wishes Enjoy Wine SL to use a certain method of delivery or transport that is not offered as a matter of course, shipping shall be at the risk of the Buyer. The risk relating to the Products shall in that case pass to the Buyer at the moment that Enjoy Wine SL has handed over the Products to the first transport company.
If the Buyer has specific requirements with regard to packaging used by Enjoy Wine SL, all costs for the use of this packaging shall be accountable to the Buyer. Packaging materials are not taken back by Enjoy Wine SL.
If it has been agreed that the Buyer shall himself/herself collect the Products or arrange the transport, the Products that are ready for collection or shipment must be collected from or received at the date of delivery. The risk relating to the Products shall, in this case, be passed to the Buyer at the moment that the Buyer or a third party called in by the Buyer takes possession of the Products.
If it turns out to be impossible to deliver the Products to the Buyer because of a cause on the side of the Buyer, Enjoy Wine SL reserves the right to store those Products for the account and risk of the Buyer, possibly in the open air, all without any liability on the part of Enjoy Wine SL for damage, impairment, loss or otherwise. A 30-day period apply during storage during which Enjoy Wine SL will enable the Buyer to collect or receive the Products. This applies unless Enjoy Wine SL expressly determined a different period in writing.
If the Buyer also fails to comply with its obligations after the expiry of the time limit, as intended in the previous paragraph of this article, Buyer shall by operation of law be in default and Enjoy Wine SL shall be entitled to dissolve the Agreement, either in whole or in part, in writing and with immediate effect, without any prior or further notice of default and without any judicial intervention being required and without being liable to pay compensation for damage, costs or interest. As the occasion arises Enjoy Wine SL shall be authorised to sell the Products to third parties or to use the same for the implementation of other Agreements and also to destroy the documents already prepared. The foregoing shall not affect the obligation of the Buyer to pay the agreed price as well as possible storage costs and/or other costs.