Offer: what is it in simple words? Public offer. What is an offer: types, sample, how to draw up and what is not an offer

A public offer is an offer by a legal entity or individual to enter into a certain agreement. It implies a proposition addressed to specific subjects that clearly expresses the intentions of this legal entity or individual who is offering a product or service.

Any agreement must be concluded in the following order. One party sends the other a proposal to conclude an agreement (or offer), and the other accepts this proposal or refuses. Sometimes these actions can happen simultaneously. Then the parties get together and sign an agreement, which already means agreement to the proposal.

But this is not always the case. Therefore, there is a certain time gap between acceptance and offer.

Signs of the offer:

It must have certainty;

Must demonstrate the person’s commitment to concluding an agreement;

A person who has performed the necessary actions to accept this type of contract (for example, a person who sent an application to receive a particular product or service) may require the offeror to fulfill

A public offer contains only the will of one party directing the offer. Therefore, the opponent’s answer is of decisive importance. In order for a contract to be considered concluded, the absolute consent of that person is required. Otherwise it will have no effect.

An offer agreement for the provision of services can be “accepted” by a person. Acceptance is a person’s positive reaction to an offer addressed to him; it is a response that he has accepted it. It can be unconditional or complete.

Silence cannot be taken as acceptance, except in cases provided for by law. It happens that previously existing business relations between the parties are taken into account. Acceptance is also considered the performance by the person who received the offer of the actions specified in (this could be unloading goods, performing various works, providing services, paying any amount of money, etc.).

The performance of actions described by a public offer under acceptance is considered sufficient to determine the contract as concluded. Thus, payment for a service (or fulfillment of other terms of the offer) together with the text of the offer agreement are recognized as a legally concluded agreement. There are usually no seals or signatures on the offer, but one of the parties may require this for accounting purposes.

An example of an offer: advertising, as well as other offers addressed to a vaguely defined circle of people. The offer agreement must contain all essential characteristics. In addition, the will of the person offering the service must be clearly visible. Such an offer is also prescribed. It is valid for two months from the start of promotions, unless the offer provides for a different period.

An offer is an offer to conclude an agreement for 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 deadlines 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 can agree to the proposal, then the consent is formalized in writing.

He may, upon accepting an 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.

In addition, the buyer can simply remain silent after receiving 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 its proposals (offer) to another possible buyer.

The offer is called firm if it is directed to one specific person. The offer is called free when it is directed to several persons.

There is also such a form of offer as a public offer.

Public offer - what is it?

A public offer is considered to be an offer for the supply, sale or provision of certain services sent to persons, the number of whom is not determined or specified.

That is, the buyer in this case can be any person who responds to the offer. An example of a public offer is an advertisement that contains the supplier’s conditions, delivery dates, prices and an offer to conclude an agreement in one form or another.

Sometimes the seller specifically states in his advertisement that it cannot be considered a public offer. This means that there are additional terms and conditions that the seller will lay out when concluding the contract or negotiating the deal. The seller also reserves the opportunity to change the terms of the transaction if compliance with them turns out to be unprofitable for him.

Example

As an example of a public offer, we will give 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 is that the seller directly indicates in the introductory part that this agreement is both a contract and an offer, and also that it is sent to any persons: both individuals and legal entities, without specific indication to whom exactly .

This is followed by standard chapters and paragraphs talking about the conditions and terms of delivery, prices, responsibilities of the parties, force majeure, special conditions, etc. If the buyer places an order, this means that he agrees with the terms of the offer.

Are 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. On our own prices are not a public offer. The cost of goods indicated on price tags in retail stores or online stores are only advertising, an invitation to a transaction or conclusion of an agreement.

Public offer on the website

A public offer posted on a particular website 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 for joint actions.

Such agreements include both purchase and sale agreements and agreements for joint events. Consent with the proposed offer can be expressed by registering on the website of the person who proposed the offer or by ordering a particular product.

Violation of a public offer

Both the person who offered his offer and the person who accepted it enter into certain contractual relations. These relationships can be either formalized by an agreement or remain sealed by an offer.

If either party violates its contractual obligations, liability arises within the framework of the Civil Code of the Russian Federation. Unless, of course, there is intent to commit a crime in the actions of the party that violated the contract.

Discussion (7)

Indeed, we often encounter offers in everyday life. In newspapers, magazines, and other advertisements that publicly inform an indefinite circle of individuals and legal entities about the conditions for the sale of certain products, the issuance of loans under certain conditions, the procedure and sequence of concluding contracts. As a rule, the terms of the offer are mandatory for persons who publicly announced the offer.

Most scammers who create bait sites today rely specifically on the provisions of a public offer. At the same time, the person subscribing to the newsletter and subsequent purchase is usually not warned that he is entering into a contract.

Offer is not a familiar word for the average person, but everyone participates in it sooner or later. One of the types of offers is irrevocable, in which it obliges the offeror to enter into an agreement on the specified conditions without the possibility of refusal with all responding counterparties without exception. Therefore, such offers are not public and are applied to a limited number of people.

From the article “Prices themselves are not a public offer.”
But here I don’t agree, if you go to a retail store, then by law, in essence, price tags are a “public offer”, since they oblige you to sell the goods on these terms. And the law directly states what will happen to the seller who refuses to fulfill this “public offer”. But this topic can be debated for a long time.

An offer is not a clear word for an ordinary person, but nevertheless, every person sooner or later participates in such a transaction. For example, who hasn't received letters from banks with a credit card attached? Probably a good half of the population. This is an offer; the letter specifies the calculation procedure, the interest rate and other necessary terms of the agreement between the bank and the potential creditee. And counterfeit is generally an interesting thing. In 2013, the man changed the terms of the loan so much that the bank owed him a large amount. Since then, banks have somehow calmed down and are increasingly trying to communicate personally with clients.

There was a funny situation in our organization regarding counterfeits. As part of attempts to conclude an agreement for the rental of special equipment, counteroffers were exchanged with the potential contractor for almost a month; in total, the document was edited six times before acceptance occurred. In the end, of course, the contract was concluded.
But seriously, another type of offer is not discussed here. The so-called irrevocable offer, which obliges the offeror to conclude an agreement on the specified conditions with all, without exception, responding counterparties without the possibility of refusal. Therefore, such offers are not public and are used mainly in the area of ​​offers for the repurchase or full redemption of shares/bonds of an enterprise (for a limited number of persons). There is even a special type of offer bond. In this case, it is used for non-market regulation of the level of profitability of a security.
In general, any offer is a kind of touchstone, a pioneer of the contractual process, which allows monitoring of the target group without imposing special obligations on the offeror (unless, of course, it is an irrevocable document), the popularity of which is growing.

Have you ever wondered what a contract is? Yes, this is an agreement between the parties, but how is it implemented, what do offer and acceptance have to do with it? An offer is sent from one partner, and the other person sends its acceptance - this is the scheme of the contract.

? This is an offer to enter into an agreement under certain conditions. It is about the essence, variety and specificity of this concept that we will talk in the article.

Offer or offer agreement: essence

Simply put, this is a letter from the seller to the buyer with an offer to sell products, which can set out both the name of the goods and their price, as well as additional terms of the agreement.

It must be guided by certain requirements:

1. Targeting – targeting a specific person.
2. Certainty – clearly structured information without various nuances.
3. Direction – the intentions to enter into an agreement must be clearly stated.
4. The offer must contain all aspects of the transaction, which must be described in a document and recognized by law.

Its main principle is irrevocability. Those. You cannot withdraw your offer until the agreed period has passed. In a situation where a document with a review came along with an offer, such an offer is considered not received .

Thus, the process of implementing a contract is as follows: the offeror sends documents, and the opponent, in case of agreement, confirms it by sending an acceptance.

It turns out that in order for the deal to become official, absolute acceptance required, only then is the contract concluded.

Public offer agreement, video:

What is offer and acceptance

So, we have already found out that the formation of a contract involves two stages:

1. Offer – an offer from the seller.
2. Acceptance is a complete agreement with the terms and conditions.

We have described all the requirements above. If at least one clause is missing, the offer is recognized as an invitation, not a proposal ( except for the public offer).

When all the provisions are taken into account, the partners legally consolidate the contract.

Features of relationships

1. If the sent offer was not delivered to the acceptor, then the offer is canceled.
2. If the other party has received an offer, then the sender cannot cancel it.
3. If the offer was canceled and the acceptor “went into the red” because of this, then the offeror is obliged to compensate for losses (if there are no other conditions provided for in the contract).
4. If consent from the acceptor came within a strictly specified period, then the contract is concluded; in case of violation of deadlines the decision to carry out the transaction is given to the offeror.
5. Second side has the right to submit a contract of disagreement more than once.

Agreement of disagreement- this is a written response disagreeing with the conditions of the offeror and describing the requirements of the acceptor.

Simply put, this is a “correspondence” between two parties, where each writes down their terms and negotiations are held regarding their acceptance.

Types of offer

We figured out what an offer is called directed fixed or agreed proposal from one person to another. Each contract has its own characteristics, so the offer is divided into types:

1. Firm and free.

• Solid. The seller provides an offer to a specific person for a certain period of time with further acceptance. The period depends on the demand for the product under study, i.e. the lower the term, the longer the duration of the agreement.
• Free. Sent to a circle of people to monitor the market. If you provide many such offers, then the market will form the opinion that the product is in surplus and is being “get rid of it.”

2. Non-public and public.

• Non-public offer is called an offer to a person or limited group. Let's consider the simplest example: a contract for payment of work. The form contains all the details for the goods and for payment.
• Public. This is an offer to purchase goods to any unlimited number of persons. It specifies the characteristics of the product, price category and additional conditions for marketing and sales. An agreement was concluded with a private hospital, if you enter the doctor's office, it means that you provide your acceptance, as a result, the offer is withdrawn. Let's take a closer look at this point.

Main features of a public offer

The concept is enshrined in Art. 437 of the Civil Code of the Russian Federation, it implies that a public offer is an offer of goods through advertising, catalogs to an indefinite number of persons in the presence of all the agreed terms of the contract.

Fundamental features:

A public offer is recognized only that proposal for which consent can be obtained within a certain period of time.

For example, if a person is standing in front of a machine with candy bars, then he agrees with the price of the product and gives his consent to the transaction. If the product is out of stock and there is a queue at the machine, the offer is suspended until the stock is replenished.

The main rule of such an offer: All the most important aspects of the contract must be spelled out in the contract.

Advertising and public offer: difference between concepts

Procedure for concluding an agreement

Let's consider how public offer for the provision of services.

Initially, the proposal is sent to the counterparty, and he, in turn, must send an acceptance ( with full consent). If the requirements do not suit one of the participants, then they submit a disagreement agreement until they come to a consensus.

The document itself consists of 9 paragraphs, each of which is divided into subparagraphs:

• General provisions – basic concepts of the Civil Code and information about the information below.
• The subject of the offer is the subjects of the contract, the rights and obligations of the parties.
• Description of services – date of service provision, place and time.
• Terms and procedure for the provision of services– stages of concluding a contract.
• Financial relationships– calculation procedure.
• Force majeure actions– actions in emergency situations.
• Contract time.
• Disputes between the parties – discussion of conditions with which the parties do not agree.
• Details – address, bank accounts and other documentation.

Acceptance of offer

We understand that an offer is the will of one party, and according to the law, we require the consent of both participants. Due to this the partner’s acceptance plays an important role, i.e. his consent.

Don't forget that the offer is formalized by contract and for tax purposes. Based on the Tax Code of the Russian Federation, VAT can be deducted provided that the agreement stipulates the transfer of funds. It is a full-fledged contract under which VAT is required to be deducted, but provided that the other party agrees with this.

If we consider all situations related to offers, then in most cases, acceptance is payment under the contract. Silence and delay are the opponent’s disagreements. However, the contract may contain additional conditions. For example, according to the terms of the contract, if a party accepted the delivered goods, then it accepted the offer.

For the Tax Code of the Russian Federation, an offer is not subject to tax, because it is only an offer to conclude an agreement. But if it was followed by acceptance and the transaction was concluded, then it is subject to taxation.

Implementation of the offer in practice

Let's look at a few examples of making offers, taking into account some features:

1. The offeror transmits an offer to the acceptor, which he must accept within one week, otherwise there will be no delivery of the goods. If the other party is not satisfied with the quantity of goods, then it sends a dispute agreement in which it states its requirements.

4. The Internet provider sends out an offer to all users about an attractive offer, This message specifies everything: speed, tariff, payment, etc. This appears to be a public offer, since the information is available to any circle of people, and all those who are interested in the offer and who submit an application will receive the service.

We came to the conclusion that, if we consider situations using everyday examples, then an offer is not a complex, time-consuming process.

Remember that it is very important to read the contract you sign, all footnotes and notes, as you may not be happy with certain terms or requirements. No one has the right to force you to accept; the agreement must be complete and absolute.

The word “offer”, sometimes found on various Internet sites or in the press, makes us think for a moment about its meaning, then something distracts us and we forget about it. Let's figure out once and for all what it is in simple words.

“Offer” or “offer” - which is correct?

The term comes from the Latin "offero", which means "I offer", so the correct spelling of the word is "offer".

Offer - what is it?

This is the name of an offer to conclude a contract. This is a written or oral proposal for cooperation, which contains a list of conditions, which are then prescribed in concluded bilateral agreements or observed when concluding transactions. The official definition of this term is stated in Art. 435 of the Civil Code of the Russian Federation.

Typically, an offer is made in writing, after which the offeror (the one who wrote it) sends it to the acceptor (the one for whom it is intended). If the acceptor accepts the terms offered to him, then this is the reason for concluding a bilateral agreement or completing a transaction.

Types of offer

Depending on who they are sent to, offers are divided into:

• free;
• hard;
• irrevocable;
• public.

Free

A free offer is an offer that is a reason to begin negotiations, during which the proposed conditions can be supplemented or changed. It applies to a limited circle of people and can be used by the offeror to study market dynamics.

Solid

A firm offer is a proposal that specifies a proposal for cooperation with clear terms and conditions of the transaction. It always specifies certain periods during which the seller binds himself. It is always sent to a specific person.

Irrevocable

An irrevocable offer is typical for the banking environment and the sphere of securities circulation. As the name suggests, it has no recall option at all. It is usually used by issuing companies that offer shareholders the redemption of securities.

Public

A public offer is an offer in which any person can act as an acceptor (this type is considered the most common). It clearly states prices, terms of the transaction and terms.

Public offer - what is it in simple words?

In simple words, a public offer is intended for a wide range of people. The simplest examples are the price tag on a product in a store, the display of a product in a window, a menu in a restaurant, etc.

“Not a public offer” - what does it mean?

Often on Internet sites and in printed publications under advertising texts there is the inscription: “This is not a public offer.” This means that the published text should not be considered an offer to enter into a contract. In fact, such texts offer to buy something, but there are no clear conditions for concluding a transaction.

If the advertisement specifies prices and clear terms of cooperation, then it is a public offer. This means that if the seller does not sell the product exactly on the terms specified in such advertising, then he will face problems with the law. The inscription “Not a public offer” allows overly cautious or unscrupulous advertisers to avoid many troubles.

What should the offer contain?

As mentioned above, the offer must contain certain clear conditions for concluding an agreement or completing a transaction that the offeror offers to the acceptor, and also have such features as completeness of information (it must indicate all aspects of the future transaction) and targeting (it is drawn up for a specific person or for a certain circle of people).

Important: The offer must contain an unambiguously interpreted intention of the offeror to conclude an agreement or make a transaction with the acceptor.

Offer and acceptance

An offer reflects the will of one of the parties who wants to conclude an agreement or transaction. Within the period specified therein, the acceptor must either accept the offer or reject it. In case of full agreement with the proposed conditions, the acceptor must respond with acceptance. If there is no answer with consent, this means refusal.

There may be cases when the one to whom the proposal is sent carefully studies the document and draws up a protocol of disagreements on unacceptable points, and then sends it to the offeror. In this case, the offeror can draw up a new offer, which will take into account the information sent to him, and send it again to the acceptor.

Acceptance with immediate effect is typical for oral offers. This possibility is provided for transactions that are concluded orally.

Important: if the offer is accepted, it serves as the basis for VAT deduction.

Validity period of the offer

The offer may or may not indicate the period for receiving acceptance. If it is indicated and the possibility of revocation is not provided, then it is not possible to do this before the expiration of the period for receiving acceptance. If a period is specified, but the possibility of revocation is stipulated, then, if necessary, the offeror has the right to revoke it. If the period is not specified, then it is valid for the period of time established by laws or legal acts, which is considered normal for obtaining acceptance of such a proposal.

Offer - examples for reference

The offer may be:

• a letter with an offer from one entrepreneur to another to purchase a consignment of goods with a clear indication of the price, terms of payment and delivery time (acceptance in this case will be a letter or telephone call expressing agreement with the proposed conditions);
• an invoice in which, in addition to the name of the goods, its value and quantity, the terms of payment and delivery, as well as the terms of shipment of the goods are specified (by sending an invoice, the offeror makes a commercial offer to the acceptor, and if the acceptor pays for it, this means that he fully agrees with the terms of the transaction specified in the invoice);
• the range of goods published on the website, cost, terms of delivery and payment (but if it is indicated that the offer can only be used by a certain circle of people or the online store does not describe the delivery procedure and the seller’s guarantees, then such an offer is not considered an offer).

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An offer is an offer to conclude an agreement or complete a transaction. Depending on who it is intended for, there are several types. If the acceptor accepts the terms of the offer, then the contract with him must be concluded on the previously proposed conditions.

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