Offer - an offer addressed to a certain or indefinite number of persons, containing all the essential terms of the proposed transaction and clearly expressing the intention of the initiator to conclude an agreement with the addressee. It is not easy to understand such a capacious definition of this term, so we will consider what an offer is in simple words, what are its types, why it is incorrect to say “offer agreement” and, finally, what does the phrase “is not a public offer” mean, which can often be found on advertising goods and services, modestly lurking somewhere in the lower corner of an advertising poster?
Offer. What is it in simple words? Real life example
The ancestor of the word "offer" is the Latin "offero", which means "offer". At first, this word migrated to the French language, transforming into “offrir” - “to bid, to transfer”. The Russians, on the other hand, borrowed this term from the French in the 19th century and gave it the meaning of “an offer to make a deal.”
In simple terms, an offer is a request from a supplier (contractor, seller) sent in writing or orally to a specific person or group of persons with a proposal to purchase goods or services. Moreover, the one who addresses you with such an offer (he is called the offeror) undertakes to conclude an agreement subject to the consent of the addressee, even if verbal. The addressee (to whom the proposal is sent) is also called the acceptor, and his consent is called the acceptor.
An offer, for example, will be a business letter (commercial offer) from one legal entity or individual entrepreneur to another with a proposal to buy a consignment of goods in the amount of such and such, at the price of such and such, with delivery at that time and payment terms (immediately or with ). The acceptance will be a counter letter with the acceptance of this offer or a phone call with the consent of the transaction (in the form of a contract).
An even simpler example is the offer you made to your neighbor in the vestibule to buy light bulbs in turn after they have burned out. If the neighbor agrees (he accepted your offer), then your offer has successfully ended with an oral or written agreement (agreement) between you.
A real life example can be seen below.
Note! The silence of the acceptor is not recognized as his automatic consent to the acceptance of the offer, unless other conditions are specified in the text of such an offer (Article 438 of the Civil Code of the Russian Federation).
Any offer has its own validity period - the time that is given to the acceptor to make a decision and give an answer.
The offer must comply with the following principles:
- targeting, i.e. orientation to a certain circle of people;
- materiality - the mandatory content in the text of the document of the essential conditions on which the transaction will be concluded. In our example, essential conditions are unambiguous information about the cost of goods, their quantity, conditions and terms of delivery;
- certainty - it should clearly follow from the text of the appeal that the offeror intends to conclude an agreement on the proposed terms.
During the period allotted to the addressee for making a decision, the offer cannot be withdrawn (Article 436 of the Civil Code of the Russian Federation). But if the possibility of early withdrawal is spelled out in the text of the proposal itself, then early withdrawal will be possible.
"Contract offer". Is it correct to say so?
Sometimes in the business environment you can hear the phrase "offer agreement". It is important to know that the offer itself is not considered a contract. This is only its threshold, a preliminary invitation to cooperate - nothing more. The contract itself is concluded later, but on the terms that were stipulated in the offer.
The official interpretation of the term, as well as the main nuances of its application in practice, are prescribed in the civil legislation of the Russian Federation (Article 435 of the Civil Code of the Russian Federation) and are regulated by it.
Samples for review and download
You can view and download a sample offer (a ready-made form to fill out) below.
Offer types
There are 4 main types of offer:
1. Free - the offer is sent to several persons who are consumers of a certain group of goods. Such an offer is always aimed not at sales, but at studying demand in a certain market segment. An example is a mailing from an Internet provider to its customers with information about new additional services and tariff plans.
2. Public - for a wide range of people (but more on that later).
3. Solid. Here, the offer is directed to a specific citizen who has every chance of becoming a client of the seller-offer. An example is sending information to depositors about preferential lending programs for existing bank customers.
4. Irrevocable. Aimed at anyone who wishes to conclude a contract. In this case, the offeror cannot cancel the offer he made, that is, withdraw it. This type of offer is most often found in the sphere of securities circulation. Example: a large company that issued shares offered to buy back these securities from its shareholders.
The form of the offer may be oral or written.
Public offer
What is a public offer? This is a proposal to conclude an agreement, which is addressed to an indefinite circle of persons. Moreover, the number of such addressees is also unknown in advance.
The simplest example of this type of offer is an ordinary price tag in any store. The store, represented by its director and sellers, offers you to buy goods for the price indicated in the price tag, and cannot refuse you if you have agreed to purchase this goods. You say that you want to buy it and give the cashier the money, i.e. make an acceptance (accept the offer), and at the same time become an acceptor.
An important condition of the public offer is that anyone can use the offer.
The very word "public" says a lot. For example, the fact that such offers are distributed, as a rule, through sources with a wide range of users - the media, Internet resources, print media, etc.
A public offer can be expressed not only orally or in writing, but also in specific actions of the seller. This includes merchandise display, catalog distribution, various demonstrations and tastings, and even restaurant menus. All these actions will be considered as an offer even if the trader does not indicate the price of the goods.
Another example of a public offer is the information posted on the web page of an online store:
- assortment of goods;
- their cost;
- terms of delivery and payment;
- seller's warranty.
BUT if the disseminated information indicates that only a certain segment of the population can use the special offer, or the same online store does not indicate the delivery procedure or the range of its guarantees, then such an offer will not be considered a public offer. This is just a call for cooperation and nothing more. Thus, a public offer is only if the offer of goods or services contains essential conditions! (Article 437 of the Civil Code of the Russian Federation)
The phrase "are not a public offer" - what does it mean?
Strictly speaking, an advertisement, unless it contains specific conditions for the sale of a product or service, is not recognized as an offer. This is understandable, because the main goal of any advertising is to profitably present your product and thereby outshine competitors. Therefore, sometimes (or rather, often) in advertising brochures is silent about the true terms of the transaction. For example, "famous" loans at 0%, which, in fact, are not such in most cases (Why? Read).
In some brochures and on banners, you can find the phrase "prices are not a public offer." What does it mean? It's simple - the seller simply leaves himself the opportunity to retreat. It is unprofitable for any advertiser to have his advertisement classified as an offer, because in this case he is obliged to sell the goods exclusively at the declared cost and with the declared characteristics. Therefore, the advertisement clearly indicates that this offer is not a public offer or reservations are made. For example, a car ad may state that the offer is only available in a certain configuration.
As a rule, advertising is an invitation to an offer, but again, we add, if there are essential conditions in it, it is a public offer, i.e. the seller advertising the product is obliged to sell it on the terms specified in the advertisement. Otherwise, he will have problems with the law, in other words, he can be sued for unfair advertising. Incidentally, according to Art. 11 of the Federal Law "On Advertising", if an advertisement is recognized in accordance with the Civil Code of the Russian Federation as an offer, then such an offer is valid for two months from the date of distribution of the advertisement, provided that it does not specify a different period.
Thus, an offer is an invitation to cooperation, which entails the conclusion of an appropriate contract or agreement. How this agreement will be concluded - orally or in writing - does not matter. And if at the checkout of a store they try to sell you a product at a cost that exceeds the price tag, be aware that this is a violation of the public offer agreement and is punishable by law.
Novice businessmen, and especially those who, due to their professional activities, are faced with foreign economic activity, are probably familiar with the term "offer". But due to lack of information, they can misunderstand its meaning.
Let's turn to the exact definitions of the concept, as well as find out the details and nuances of this type of agreement from the point of view of the legislation of the Russian Federation and international law. The article will describe the main features of the offer and indicate those points that should be further studied using regulations.
So, the Vienna Convention of the United Nations of 1980 and the Civil Code should become reference books for novice businessmen.
Differences in the legislation of the countries of the two counterparties does not allow the use of domestic norms for the execution of contracts. Therefore, the countries that have signed the Vienna Convention use its articles as a legal basis for contractual relations in foreign economic activity.
Since the USSR was among the signatories, the Russian Federation, as the legal successor of the Union, can also use this legal act to regulate contractual relations with foreign counterparties.
What is an offer
The concept of an offer includes an offer that the seller makes to a person or a limited circle of possible counterparties regarding the conclusion of a transaction or the signing of a cooperation agreement.
What conditions should the offer contain?
The main feature of the offer is the signs of the contract contained in it. So, by accepting the offer, the recipient agrees to cooperate with the seller on the terms of this offer.
The main features of the contract are the specificity and certainty of the intentions set out in the paragraphs:
- subject of the contract,
- Cost of goods,
- Due date,
- Rights of the Parties,
- Fines, etc.
It is important to immediately determine what regulations will regulate the relationship of the parties under the contract.
After all, the Vienna Conventions have a number of nuances that can be interpreted differently in the Civil Code of the Russian Federation.
The issue of defining legal relations also concerns the recognition of the moment of conclusion of the contract:
- According to the laws of the Russian Federation- this is the moment of receipt of acceptance from the counterparty;
- According to Anglo-American law– after sending confirmation of acceptance to the acceptors.
It is a generally accepted principle, unless otherwise stated in an offer, that silence is not a sign of acceptance.
Offer types
In international law, there is a classification of offers by type.
- public. An agreement that is distributed among a certain circle of people, or among an unlimited number of them, as an example - a public offer for the provision of television and Internet services or a loan offer.
Anyone who has access to a public offer, for example, on a lending website, can, after reading the offer, accept the agreement online and receive credit funds to their account.
If it is required to perform some action in order to accept an offer - for example, to submit an application, then the person who performed this action has the right to demand that the sender of the offer fulfill the obligations specified in it. - Free. In world practice, there is the concept of a free offer, and such is a document that is issued to several buyers for consideration.
The validity period of such an offer has no clear time limits and does not bind the offeror with obligations. The number of such documents is designed for a certain circle of people.
Free offer offers to respond for further negotiations. - solid. The letter of offer contains all the significant clauses of the contract and is sent to a specific buyer, usually only one. It indicates the terms for the sale, as well as the time for the acceptance of the agreement by the buyer.
If the buyer did not give an answer within the specified period or refused to conclude the contract, then the goods can be offered to a new client under the same conditions. - irrevocable. Provides that the offeror cannot cancel the offer made, except by sending a cancellation message along with the offer.
An example of an BO (irrevocable offer) is an offer from companies that issue shares or other securities to their shareholders.
In the Russian Federation, offers are regulated by the Civil Code, and in world law - by the UN Vienna Conventions.
Offer or commercial offer
The concepts of an offer and a commercial offer are often confused, but, in fact, not all commercial offers are offers. Only if it is indicated in the commercial that it is an offer, then the recipient who accepted it automatically becomes a party to the contract.
An additional difference between a commercial proposal (commercial offer) and an offer may be its free form of presentation, the absence of significant signs of a contract, etc.
The prices in the commercial offer may also become irrelevant at the time of the conclusion of the contract, therefore, in order not to be obliged to supply the goods even at a loss, it is required to indicate in the commercial offer that “this offer is not an offer”.
The Civil Code of the Russian Federation quite aptly points to the main distinguishing feature of the offer (Article 435) "... the intention of the person ... to consider himself to have entered into an agreement with the addressee." That is, if you are ready to fulfill each item and your CP, you can safely call it an offer and wait for acceptance.
Contract offer
The process of concluding an offer contract has a standard mechanism. One party offers, in the form of an offer, to conclude an agreement, and the other accepts the offer in the form in which it is, sends a counter-offer with its own conditions for signing the agreement, or rejects it.
The impossibility of the parties to be present at the place of signing the contract at once led to the need to use acceptance as a method of concluding a transaction.
Thus, the time period between the direction of the offer and the response from the buyer is overcome.
"Information is not a public offer!" - often we hear this phrase in advertisements on the radio and see it on TV. The first thing that comes to mind for many is that “pitfalls” are hiding somewhere or they are deceiving us and not finishing something. In fact, such thoughts are not far from the truth. In the article we will answer the question of what it means "is not a public offer." We will also talk about the purposes for which this phrase is needed in advertising messages and what will happen if it is not used.
concept
So, we saw or heard the phrase "is not a public offer." What does it mean? To begin with, it is necessary to disassemble the concept itself.
An offer is an offer by one of the parties to make a purchase to the other party. This is how Russian legislation interprets this concept. In other words, an offer is an offer from the seller (offer) to the buyer (acceptor).
An acceptor does not have to be one person. Under this concept, the Civil Code also implies an unlimited circle of persons. It is the latter circumstance that gives such a concept as a public offer. Let's analyze it in more detail.
What is a public offer?
Under what conditions is a proposal not a public offer? The answer to this question can be found in the definition.
A public offer is an offer of a product in its advertising, catalogs and descriptions addressed to an indefinite circle of persons, if it contains all the terms of the retail sale contract.
For example, you saw a catalog with cosmetics. It contains all the information about the product: price, characteristics, composition. You responded to the offer, but you received a response from the manufacturer: "We apologize, but this offer is not a public offer." Next, you learn that a manufacturer is testing the price of a new product on the market, and he has realized that the initially advertised price is lower than what he could sell it for.
In this example, the phrase "offers are not a public offer" will not help him. Art. 494 of the Civil Code obliges the seller to make a deal with anyone. In this case, you can safely apply to Rospotrebnadzor and the court for compensation for non-pecuniary damage.
However, it is worth noting that if the seller refers to the limited nature of the goods, then in this case it is useless to apply to the regulatory authorities and the court. The seller will not bear any responsibility in the event that the warehouses simply ran out of goods. Therefore, you may receive an answer with an apology that this product simply does not exist from the catalog, despite the fact that no one was going to sell it to you. Proving otherwise would be extremely difficult.
Signs of a public offer
Sometimes the explanation “is not a public offer” is illegal. Article 437 part 1 of the Civil Code gives us clear parameters for the offer:
- the presence in the information of all essential terms of the agreement;
- the advertiser's clear desire to sign an agreement with everyone on the specified conditions;
- unlimited circle of people.
For example, if the advertisement contains an announcement: “we give a second identical refrigerator to anyone who buys the first one”, then in this case the information can be classified precisely as a public offer, and not as an informational announcement, even though somewhere there will be a warning to the contrary.
Public offer in retail stores
Almost all people go to ordinary stores for shopping. Goods on store shelves are a vivid example of a public offer, even though they do not have price tags. However, this rule has one very significant exception: if the seller independently determines that the product is not sellable, then it will not be possible to buy it.
Is the price a public offer?
There is one sore point in many shopping centers - the discrepancy between the real price and the declared one. In other words, you take the goods for 50 rubles, and at the checkout they tell you that there was a revaluation in the morning, and the employees did not have time to change the price tags. Now this product costs 60 rubles. This situation happens all the time. Sometimes such disagreements between the seller and the buyer are resolved by the world, but there are also conflicts on this basis. Often the situation is aggravated by the cashiers themselves, stating that the prices are not a public offer. In fact, this is not so: prices, according to the Civil Code of the Russian Federation, are a documented offer. If the seller has set a condition for the sale of goods - a price, then he is simply obliged to sell it according to this condition (price).
Advertising and public offer: what is the difference?
Many citizens cannot distinguish ordinary advertising from a public offer. These are different things. And not always the phrase “a public offer is not an offer” is legal and justified. Also, the absence of such a phrase does not mean the opposite. Let's analyze this in more detail.
Advertising - an information offer - is information of an introductory nature in order to convey to the mass user the advantageous characteristics. They may not contain the inscription “is not a public offer”. However, this will not mean that the seller is obliged to fulfill everything that he promised. As a rule, advertisers often play it safe, as court practice shows that courts often punish dishonest people.
Let's take an example. In advertising, you can see information about discounts on products up to 90%. This marketing ploy is no longer new. Many have already learned to block such information on a subconscious level. The key word here is "before". It means that up to 90% is both 1% and 89%. Even if the store will have one chewing gum with a 90% discount - this is what marketers basically do, the seller already has the right to write such an ad on all windows.
Let's look at another example related to price. Merchants might write something like this on street signs: “Only three days! Cabbage at 6 rubles per kilogram. This price serves as an offer to visit the store and try to buy a vegetable at the declared price. However, in practice, the store brings only a few kilograms of a certain type of product, and it is usually sorted out within one hour. The rest of the cabbage of a different variety lies at quite market prices. And the arrived buyer has nothing left to do but to purchase goods at the existing price, at the same time buying something else and at the same time scolding the store with bad words for false promises.
Online shopping
Information, including prices in the online store, is not a public offer. This is due to the fact that the sites do not indicate specific conditions, for example, the term for the transfer of goods, delivery conditions, etc.
An online store is not an ordinary store where a customer can enter, take a product, pay for it and leave. Selling in it involves a number of actions: accepting an order, preparing, paying, sending, receiving. Therefore, the price in online stores, like any other information on it, is not a public offer. It may depend on the conditions of the transport company, on an individual discount, on the method of payment, etc.
What action in the online store will be considered an offer?
Despite the fact that the price on the online store window is not a public offer, this does not mean that buyers do not have any rights. After site visitors select any product in the basket, a link to checkout appears. It is here, as a rule, that the entire final cost of the purchase is indicated, as well as additional conditions: calculation, delivery time, guarantees, return methods, etc. By clicking on the “place an order” button in the online store, both parties sign an agreement, which will be treated as an offer. Then one party must pay for the order, and the other must fulfill the conditions for its transportation.
What does the indication “is not a public offer” mean?
So, we have covered the concept of a public offer. Provided examples with explanations. Now let's take a look at practice. Let's say we saw the inscription "is not a public offer." What does this mean for consumers? In practice, this may mean the following:
- There is a possibility that the consumer will not be able to make a purchase on the terms that were announced. You need to understand that advertising is just information that only encourages people to visit the advertiser's outlet. She does not bear any obligation to conclude an agreement for the latter.
- Conditions, as a rule, are designed for a limited circle of people. It's usually written in small print that no one reads. For example, if an advertisement says something like the following: “we will approve a loan at 13.9% per annum”, then you can definitely read a whole list of conditions below. This is the initial payment, and the maximum loan term, and the minimum income of the borrower, etc.
Violation of the offer
An offer is a contract. By agreeing to it, each of the parties becomes a party to the transaction. If it is not observed, the law on a public offer is violated. The defendant may be liable under the Civil Code of the Russian Federation. For buyers, this breach usually results in a deal being dropped, and that's it. But for the seller, a violation of a public offer can lead to significant fines from regulatory authorities, as well as compensation for moral damage and other negative damage that is possible if it is not observed. Therefore, we advise novice owners of online stores to be very attentive to their responsibilities and to comply with all the conditions of the public offer.
The term "public offer" is found in the public in the media, the Internet and in various areas of economic activity. What does it mean and what is its practical meaning?
What does offer mean
The word "offer" comes from the English offer - offer. In simple terms, a public offer is an offer of a commercial nature to an unlimited number of people. An offer is an oral or written offer to buy a product: a product or a service.
The parties to the contract are the offeror and the acceptor. The first offers to buy something, and the second accepts this offer.
The legal term "public offer" is defined by Article 437 of the Civil Code of the Russian Federation.
The legislation determines that a public offer must contain a clear desire of the offeror to conclude an agreement with the acceptor, that is, to sell a product. The offer must also define the product itself.
The offeror must indicate information that may influence the decision of the acceptor to conclude the contract. For example, this may be information about product characteristics, number of units, delivery time, price, return conditions, and so on.
A public offer assumes that any private or legal person can become an acceptor. To do this, it is enough for a person or organization to agree with the terms of the offeror, for example, to pay the declared price for the goods.
Where is the public offer used?
From a legal point of view, the definition of a public offer includes advertising, information activities aimed at selling a product, as well as demonstrating a product on a shop window or counter. Moreover, a menu in a restaurant or a price list in a hairdressing salon are also considered public offers.
In practice, the term is used in business activities that require the rapid conclusion of a formal contract between the supplier and the consumer of a product. For example, the terms of use of a web service or software can be considered a public offer. And the user who accepts these conditions becomes an acceptor and undertakes to fulfill the contract.
For example, the conditions may stipulate the obligation of the acceptor to pay for the product, not to use it in a certain way, or not to transfer it to third parties.
Why do they write “is not a public offer” on websites and in advertising
The answer to this question can be found in legislation. Article 437 of the Civil Code of the Russian Federation states that an advertisement is considered an offer, unless the advertiser has indicated otherwise. That is, if on the website of the online store, in the flyer, in the video on television, you indicate that the information is not an offer, according to the law it will not be considered as such. Why is this necessary in practice?
Imagine the situation: an online store on the site incorrectly indicated the price. For example, instead of the price of 10,000 rubles for a phone, the manager accidentally wrote the price of 1,000 rubles. Virtual showcases of an online store are advertising and a public offer. Anyone can accept it and buy a phone at a price 10 times cheaper than the real one.
If the owner of the online store refuses to sell the goods at the wrong price, the acceptor may oblige him to do so in court. If there is a refutation of the publicity of the offer on the website of the online store, the owner of the online store has the right to refuse the buyer and offer him the goods at a real price.
Online store owners are protected from mistakes
An example of a public offer agreement
Examples of the offer can be found on the websites of large online stores. A typical offer agreement includes the following information:
Information about the seller or offerer, including name, registration data, bank details, legal, physical and network address.
Definition of concepts. The contract interprets the terms that are used when concluding a transaction between the offeror and the acceptor.
Information about the price of goods and the order of payments.
Information about the procedure for the purchase and delivery of goods.
Additional information if necessary.
The offer agreement on the Internet usually indicates the method of accepting the offer. For example, a customer of an online store is recognized as an acceptor if he places an order for the purchase of goods.
Is it possible to change the public offer agreement
Like any other contract, the terms of a public offer can be changed with the consent of the parties. How does it work in practice? Imagine that company "A" sent a written public offer to individual "B". Upon receipt of the letter, Person B can choose three courses of action: reject the offer, accept it, or suggest changing the terms.
In the first case, person "B" can do nothing, that is, not respond to the offer. In the second case, the acceptor must perform the actions specified in the offer. For example, in order to accept an offer, he can call company A, transfer funds to the specified details, place an order in one way or another.
In order to change the public offer, person "B" must contact company "A" with a corresponding proposal. For example, he can write a letter, call or come to the company "A" in person.
Company A can accept a proposal to change the terms of the offer agreement in two ways. The first involves significant changes in the terms of the offer. In this case, the company issues a new public offer, which can be used not only by individual "B", but also by an unlimited number of people.
The second way is more realistic. If company "A" is interested in the terms of the transaction proposed by person "B", it can make a free offer. This type of offer actually differs from a public offer in that the offeror independently determines the circle of persons who can accept the offer.
Things to remember when accepting an offer
Public offer is a legal term that defines an offer of a commercial nature made by an organization to an unlimited number of persons. The contract contains all the data about the transaction that may affect the decision of the acceptor to accept the offer or refuse it.
Acceptance of the offer means acceptance of its terms. Therefore, you risk if you accept offers without having studied their conditions.
Public offer that it's Nice to see you again! My mother took up the study of online stores and, realizing that there is more choice, and prices are lower than in retail outlets, she completely switched to online shopping.
But what was her indignation when, in one of the online stores, she was not given any forms, neither guarantee nor return.
Here I came to the rescue and began to write letters to the administration address demanding compliance with all the rules of the public offer. Since then, all forms have been delivered safe and sound. So that you can quickly understand this situation, I recommend reading this article.
Imagine a guy making a formal marriage proposal to a girl. That is, he blurted out this not casually as a joke, but invited relatives, fulfilled all the prescribed customs and traditions. The girl will still think whether to answer him yes or no.
But the guy has already signed up and is committed, so he can’t take back his words and change his mind. This is the offer, only the concept is used not in personal relationships, but in the business world.
Warning!
In essence, an offer is a clearly expressed, most often written, intention to conclude a contract. The intention must be quite definite, that is, the offer is addressed to a specific person or persons, contains a clear willingness to conclude an agreement and indicates the specific conditions on which it will be signed. The offer can be sent in the form of a letter, fax, telegram, as well as in the form of a draft agreement.
The person who sent the offer becomes bound by certain conditions. This means that if the addressee accepts the offer, the seller is obliged to fulfill the contractual obligations. Offer - a document that has full legal force, which comes into effect at the time of its receipt by the addressee.
Only in the event that the offer is considered not received, if simultaneously with it or before its receipt, a notice of its withdrawal is received. The offer cannot be withdrawn by the person who sent it before the expiration of the period for obtaining consent specified in the document, or if the possibility of withdrawing it is not provided for by the offer itself.
A firm offer is offered to one, specific person. It establishes a certain period during which the initiator of the offer is bound by a contractual obligation - the consent of the addressee must be obtained within this period.
A free offer is offered to several potential buyers at once. As a rule, it is sent as an offer to start negotiations and is aimed at preliminary market research.
A public offer is different in that it is addressed to an indefinite circle of persons. It specifies the main terms of the contract and clearly expresses the intention to conclude it with everyone who responds.
For example, if an Internet provider makes a mass mailing with an offer of its services, while it contains all the basic conditions (tariff plans, speed, discounts, etc.), then this is a public offer. He is obliged to enter into contractual relations and provide Internet services to all who responded, unless otherwise provided by the offer itself.
Attention!
source: http://setadra.ru/
What is a public offer
In everyday life, we are continually addressed with various offers. And quite often we accept them. Let's figure out how this happens, and how the offer differs from the contract. Offer is a term that is derived from the Latin verb "offer". Thus, an offer is an offer by the offeror to conclude a deal with the acceptor.
The offeror is the initiator of the offer. He may formulate his proposal in writing or orally. However, only a written acceptance can be considered evidence of acceptance of the offer. An offer is the first step in an agreement. If the acceptor (the one to whom the proposal is addressed) agrees to the conclusion of the transaction, he must issue it in writing.
He has the right to make a counter offer regarding the terms of the transaction (for example, terms and volumes of deliveries). The offeror, having considered the counteroffer, can either agree to the fulfillment of the conditions, or declare the impossibility of concluding a deal.
The recipient of the offer (the acceptor) can simply ignore the proposal received from the offerer if he is not interested in the transaction. After a certain period of time (specified in the law), the offeror can make a new attempt to negotiate - this time with another acceptor.
Offers are:
- solid (addressed to a specific person);
- free (oriented to several acceptors);
- public.
A public offer is an offer to sell a product / provide a service, addressed to an unlimited number of people. In other words, anyone can act as an acceptor of a public offer.
Advertising placed in the media, the Internet and print media can be considered an offer of this type - but only if its text contains all the conditions for concluding an agreement. In reality, sellers rarely list all the nuances of the transaction in advertisements, and therefore the latter are just a “hint” of the offer.
Advice!
In addition, the seller can make adjustments to his offer, if it suits him.
Public offer of the online store
A good example of a public offer is the offer of an online store. The page of such a store contains all the information of interest to the acceptor: the characteristics of the product, its price, delivery time and payment methods.
When making a purchase (placing an order) in the online store, the client simultaneously gives an acceptance (agrees with the offer) and concludes an agreement with the offeror. Thus, the store's offer is both an offer and a contract.
Warning!
Usually, the seller notifies the buyer of this fact before the buyer makes the payment. An offer agreement can be concluded with both individuals and legal entities, and does not imply specification.
The Offer Agreement contains sections and clauses on the terms and conditions for the provision of services, prices for them, the responsibility of both parties, force majeure and special conditions.
Can prices be considered a public offer?
The price of goods/services is just one of the conditions for concluding a contract. Therefore, it cannot be perceived as a public offer. Price tags in online stores, on supermarket shelves, in advertising booklets are an invitation to an offer, and not an offer as such.
Placing a public offer on the Internet
By placing his offer on a particular site, the seller invites all interested parties to complete a sale and purchase transaction.
In addition, the proposal of the offeror may be to perform some joint action. The acceptor confirms his agreement with the terms of the offeror by registering on the site, placing an order or paying for the purchase.
Sanctions for violation of a public offer
The offer expresses the will of only one party, so the offer is considered by lawyers as a unilateral transaction. For a contractual relationship to arise, the other party must accept the offer.
After that, each of the parties assumes certain obligations. Violation of such entails liability under the Civil Code of the Russian Federation, if the actions of the violator are not dictated by the desire to commit a crime.
It is important to note that an offer that the addressee has already received is irrevocable, unless otherwise indicated in its text. But, one way or another, an offer is not yet a contract, but just an invitation to make it. The contract, in turn, can simultaneously be a public offer.
source: http://www.temabiz.com/
How to understand that this is a public offer An offer is a proposal to conclude an agreement on the supply of goods or the provision of certain services. The offer is made in writing. It may be sent to one or more persons.
The offer must set out the conditions for the supply of goods or the provision of services, as well as the terms and other information that can attract the attention of the buyer.
An offer usually precedes a contract if required by law. In other cases, the offer itself can serve as a contract. The recipient of the offer may agree to the offer, then the consent is made in writing.
He can, accepting the offer, send a counter-offer to the supplier, i.e. his proposals for delivery, terms and conditions. In this case, the parties either agree on the terms or refuse to complete the transaction.
Warning!
In addition, the buyer can simply remain silent, having received an offer. This means that the potential buyer is not interested in the transaction, and after the time established by law, the supplier can send his proposals (offer) to another potential buyer.
An offer is called firm if it is directed to one specific person. An offer is called free when it is sent to several persons.
There is also such a form of offer as a public offer.
Public offer - what is it?
Offers for the supply, sale or provision of certain services sent to persons, the number of which is not defined or specified, are considered to be a public offer.
That is, the buyer in this case can be any person who responded to the offer. An example of a public offer is an advertisement that contains the terms of the supplier, delivery times, prices and an offer to conclude an agreement in one form or another.
Sometimes the seller specifically stipulates in his advertisement that it cannot be considered a public offer. This means that there are additional conditions that the seller will set out when concluding a contract or discussing a deal. The seller also reserves the right to change the terms of the transaction if compliance with them turns out to be unprofitable for him.
As an example of a public offer, let's take an offer from an online store. Actually, it does not differ in anything special from generally accepted contracts for the sale and supply of certain goods.
The difference lies in the fact that the seller in the introductory part directly indicates that this agreement is both an agreement and an offer. .
This is followed by standard chapters and paragraphs that talk about the conditions and terms of delivery, prices, liability of the parties, force majeure, special conditions, etc. If the buyer places an order, this means that he agrees to the terms of the offer.
Are the prices a public offer?
This question comes up very often. Let's try to answer it. Prices for certain goods are one of the conditions of the offer agreement. The prices themselves are not a public offer. The cost of the goods indicated on the price tags in retail stores or in online stores is only an advertisement, an invitation to a deal or a contract.
Public offer on the site
A public offer posted on a particular site is nothing more than an offer to conclude an agreement, for example, for the supply or performance of certain actions either by the person who published the offer, or joint actions.
Advice!
Such contracts include both contracts for purchase and sale transactions and for holding joint events. Consent with the proposed offer can be expressed by registering on the website of the person who offered the offer, by ordering one or another product.
Violation of the public offer
Both the person who offered his offer and the person who accepted it enter into certain contractual relations. These relations can be both formalized by an agreement, and remain sealed by an offer.
If any of the parties violates their contractual obligations, liability arises within the framework of the Civil Code of the Russian Federation. Unless, of course, in the actions of the party that violated the contract, there is no intent to commit a crime.
source: http://delatdelo.com/
Distinctive features of the offer
Under Russian law, an offer must:
- be sufficiently specific;
- express the intention of the person to consider himself or herself as having entered into an agreement with the addressee;
- contain all the essential terms of the contract.
Offer features:
- The offer must contain the essential terms of the contract
- The offer binds the person who sent it from the moment it is received by the addressee.
- If the notice of withdrawal of the offer was received earlier or simultaneously with the offer itself, the offer shall be deemed not received.
An offer received by the addressee cannot be revoked within the period established for its acceptance, unless otherwise stipulated in the offer itself or follows from the essence of the offer or the situation in which it was made.
Public offer. Signs of a public offer
- Advertising and other offers addressed to an indefinite circle of persons are considered as an invitation to make offers, unless otherwise expressly stated in the offer.
- An offer containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the offer with anyone who responds, is recognized as an offer (public offer).
Offer acceptance
- An acceptance is the response of the person to whom the offer is addressed about its acceptance.
- The acceptance must be complete and unconditional.
- Silence is not an acceptance, unless otherwise follows from the law, customary business practice or from previous business relations of the parties.
- The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the conditions of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.
It is also worth noting that:
- If the notice of withdrawal of acceptance was received by the person who sent the offer before the acceptance or simultaneously with it, the acceptance shall be deemed not received.
- When the period for acceptance is specified in the offer, the contract is considered concluded if the acceptance is received by the person who sent the offer within the period specified in it.
- When the deadline for acceptance is not specified in the written offer, the contract is considered concluded if the acceptance is received by the person who sent the offer before the expiration of the period established by law or other legal acts, and if such a period is not established, within the time normally necessary for this.
When an offer is made orally without specifying a deadline for acceptance, the contract is considered concluded if the other party immediately declared its acceptance.
- In cases where a timely notice of acceptance is received late, the acceptance is not considered late unless the party that sent the offer immediately notifies the other party of the receipt of the late acceptance.
- If the party that sent the offer immediately notifies the other party of the acceptance of its acceptance received late, the contract is considered concluded.
- The answer about consent to conclude a contract on other terms than proposed in the offer is not an acceptance, such a response is recognized as a refusal of acceptance and at the same time a new offer.
- If the contract does not indicate the place of its conclusion, the contract is recognized as concluded at the place of residence of the citizen or the location of the legal entity that sent the offer.
source: http://infa24.narod.ru/
What is an offer An offer is an offer to one or more persons to conclude an agreement on predetermined conditions.
In Russia, the offer is regulated by Art. 435-449 of the Civil Code.
According to the current legislation, “an offer is recognized as an offer addressed to one or several specific persons, which is quite definite and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer.”
In this case, the offer must necessarily contain the essential terms of the contract. In order to conclude a contract on the basis of an offer, it must be accepted.
In practice, a contract in the form of a public offer is used by a number of banks offering, for example, their loan products. The official website contains essential conditions, and also indicates that the offer serves as an offer and filling out the loan application form is an acceptance.
After the potential client has filled out the application, from the point of view of the law it is considered that he accepted the offer - accepted it - and the contract has already been concluded on the conditions specified in the offer. Thus, credit organizations act in order to protect themselves from useless work - reviewing applications, establishing the creditworthiness of the client, etc.
In some cases, there is another approach: on the contrary, the bank considers the client’s request for a loan as an offer, and if the financial institution, after checking the borrower’s data, decides to issue a loan, then by law it accepts this offer. A special account is opened for the client, to which the requested amount is credited - already without signing any additional agreement.
In order to avoid misunderstandings in the future, it is always necessary to clarify which document the client fills out and whether his actions are drawing up an offer for the bank or accepting one or another offer.
Advice!
In addition, dealer activity in the securities market is based on the offer principle. When a market participant puts up quotes on an exchange or over-the-counter market - an offer to buy or sell a certain amount, for example, shares, this is an offer.
By sending a counter request, the other participant accepts it, and the transaction is considered concluded. The Forex currency market, as well as bank quotes for precious metals, operate on the same principle.
source: http://www.banki.ru/
Public offer - what kind of contractual relationship is it
What is a public offerKnowing the laws is a real guarantee of security in ensuring your legal rights. Unfortunately, many people face difficulties in everyday life, precisely because of ignorance in some legal aspects. Which often also entails financial losses.
Every day, we make deals, accept offers and conclude public offer agreements, without even knowing it! How does this happen? Let's look into these issues.
What is an offer
Every day we hear that many firms publicly offer us their goods or services under certain conditions, hoping to interest us with their offer. If any of these offers suits us, then we can respond to a good deal.
This type of relationship is called an offer. A certain person (offer) makes a formal offer to another person, or a group of persons (acceptors), to conclude a legal contract on certain conditions.
This type of contract comes into force only at the moment the acceptor accepts the terms of the contract, that is, when the goods or services are purchased. If the product or service is not purchased, then the offer is not accepted, in which case no one is under any obligation.
What is a public offer
We constantly hear advertisements on TV, or read advertisements in newspapers, visit stores with various demonstrations and great deals, study many sites that invite us to make “our choice” - all these offers, if they stipulate any specific conditions for the transaction, are proposals for making a public offer.
According to Article 437 of the Civil Code of the Russian Federation, a public offer is:
That is, a public offer is an offer addressed to an indefinite circle of persons, in which there are all the conditions for concluding an agreement, such as:
- warranty obligations
- delivery time and so on
- and in which it is publicly invited to anyone who wishes to enter into this contract for the sale or service.
What is necessary to conclude a public offer agreement
The law clearly prescribes and explains what is necessary for legal relations in this area. The contract itself must contain all the mandatory conditions for its legal conclusion. It should contain:
- Full open information about the terms of the agreement.
- The product, its characteristics and a fixed cost are indicated (unless otherwise specified).
- Delivery method, payment.
- Way of entering into an agreement.
- Responsibility of the parties.
- Details of the parties.
The law insists that the offer can be drawn up by any document that will reflect the necessary conditions for concluding a deal.
Remember that this document or oral appeal should indicate the intention of the person to enter into a contractual relationship with you - that is, a public offer should be addressed to you.
And you, in turn, can respond to a "tempting" offer by making an application for a product or service, and pay for your order. By accepting the terms of the offer.
Warning!
If you have committed such actions, you become a party to the contractual relationship, that is, you assume the responsibility for their implementation. Just like the organization that offered you an offer, now it also bears obligations to you to fulfill the terms of the public offer agreement.
What you should pay attention to when concluding a public offer agreement
Public offer Study all the terms of the offer agreement Never rush to accept a profitable offer without studying all the nuances and hidden motives.
You, in turn, can respond and study the terms of the "agreement". And when you paid for it, or applied for the purchase, you became a party to the agreement. After all, the oral form of the agreement does not contradict the law!
Read the conditions, it may indicate that the organization can replace the product or increase the price. And if you agreed, then you accepted their terms!
Or, for example, you received a letter from a bank that offered you to use their money (for example, a credit card), and you, in turn, were very happy, but did not read the terms of the contract - the bank made an offer.
If you have withdrawn money, that is, you have taken advantage of the offer, you have accepted the terms of the offer. This is a public offer agreement that gave rise to your rights and obligations to the party that offered it. If you ignored it, having read the contract to the end and realizing that it is not beneficial for you, the conclusion of legal relations does not occur.
Any public "invitation" to make a transaction that you did not answer and did not accept is not a public offer just for you! It does not cause the rights and obligations of a citizen to a trade or service organization!
In what cases is a public offer agreement not considered concluded?
There are times when an agreement is offered, you accepted it, and the party is trying to add clauses to the agreement or change its terms completely - in this case, you can go to court to protect your rights!
Attention!
For example, you receive a catalog with products, you select a product and pay for it, that is, you confirm acceptance of the offer and agree to the terms. The owner tells you that you need to purchase a number of products in order to get the one you like.
Such actions are illegal and violate your rights (unless, of course, this was spelled out in “small letters” in the agreement).
You must clearly know in which case the offer contract is not concluded:
- If the offer does not include the terms of the agreement.
- It does not comply with current legislation.
- You did not respond to the offer and did not take any action to confirm it.
- You have been given false information
- In a world of information flow, even knowing our rights, it can be difficult to understand what really causes our obligations and what grants legal rights.
We use the Internet, make purchases and order services. Are advertisements a public offer in this case?
Offers to use services or purchase the necessary goods are a written “invitation” to take action. That is, the seller clearly indicates his intention to conclude an agreement, addressing messages to a wide range of users. These conditions must be indicated in the user agreements, where it is clearly indicated that this is an offer.
By clicking on the "Agree" button - you give your consent to the conclusion of legal relations.
But if you are involved in retail - buying or selling your product, you become a "party" to the contractual relationship. You are offered a product, you can negotiate a price, find out about the quality of the product, agree on the terms of such an "agreement" and make a purchase - this is an oral offer in which you have become one of the parties to the contract. The check confirms the legitimacy of the operation, and in case of non-compliance with quality requirements, you are protected by law.
However, in the case when something is offered to you, but it is violated:
- agreement conditions
- price not agreed
- conditions of purchase are not clear
- no clear will, make a deal with you
then this offer is not a public offer!
Is an advertisement a public offer An advertisement is not a public offer if it does not contain an offer to conclude a deal. In this case, it only informs about the availability and merits of the goods, but does not offer to conclude a deal on this basis. She only invites to the store so that the deal takes place there.
