Offer: what is it in simple words? Public offer. What is a public offer

An offer is a specific proposal for a contractual relationship, which can be addressed to one person or several persons. By submitting the form, the representative of one party confirms consent, the second party agrees by placing an acceptance on the form. Violation of such an agreement is fraught with unpleasant consequences.

What is an "offer"?

Today such forms are very popular, but not all people understand the intricacies of such a transaction. An offer is a pre-stage of signing an agreement, a proposal about the intentions of one of the parties, where all the conditions are included. Compiled both orally and in writing. The term is also deciphered as a written offer from the seller to the buyer to sell products on specified terms.

The offer must meet the following requirements:

Targeting. Directed to one circle of people.
Materiality. The document should set out all the important terms of the transaction.
Certainty. The text is drawn up in such a way that the intention of the offeror to draw up an agreement on certain conditions is clearly visible.

What is a “public offer”?

There are four types of offer:

Free. The proposal is sent to several consumers to study the market.
Public. Agreement for a large team.
Solid. The offer comes to a specific client.
Irrevocable. Sent to anyone who wants to make a deal.

What is a public offer agreement - this is an offer to draw up an agreement, which is not addressed to specifically identified persons, their number is also not specified. The exception is when the text clearly states that the offer is available only to a certain circle, or if the online store did not bother to note the delivery order. Then such a document is not a public offer agreement, but an order of cooperation.

Characteristic manifestations of a public offer:

Price tags in stores. Anyone can take advantage of the offer, which is allowed both orally, in writing, and by the actions of the seller.
Data on website pages that list assortment, prices and guarantees.

What are “offer” and “acceptance”?

Offer and acceptance are important concepts of procedure that have their own rules. Concluding a deal under an offer consists of two stages:

One participant makes a proposal for an agreement.
The second participant accepts the conditions and signs acceptance.

Acceptance of an offer is agreement with all points of the transaction with the signing of an agreement. If the second party wants to change the conditions, then, from a legal point of view, we are talking about abandoning the contract. The representative can also put forward his own demands. Only when both parties come to an agreement will the process be called an “unconditional offer.” A document is considered legally concluded after payment or fulfillment of obligations under the contract, and seals and signatures are affixed by agreement of the parties.

How does an offer differ from a contract?

Many people believe that an offer is a contract, but there are some differences in the essence of the terms. Experts note the following points:

An offer is a document that is drawn up and submitted by one party, and the agreement is formed by both participants.
The offers spell out more responsibilities than the rights of the representative who drew up the document; the second participant is only charged with paying for the purchase. And in the contract, obligations are distributed evenly.
In many other respects, an offer is similar to a contract because it presupposes all key points, and acceptance is equivalent to confirming the contract with a signature.

How to terminate an offer agreement?

Very important point is that the offeror may revoke the offer before acceptance. This will not be an official termination of the contract, since the deal has not yet been concluded. Refusal of the offer is recorded when the second participant does not accept the terms. The offeror puts forward certain deadlines in the text; when the agreed amount of time passes and no response is received, the offer is considered invalid. With a public offer the situation is somewhat more complicated, since it is concluded without signatures on paper. Termination can only be made by revoking the agreement.

Violation of a public offer - liability

The offer agreement implies a transparent relationship between the participants; if one of them violates the terms, this is subject to liability under the Civil Code. A violation of the offer is considered to be a change in the terms of the transaction. Public offer provides an example such as purchasing a product at a price tag that does not correspond to the amount written on the receipt. Such a discrepancy is a violation of the offer in trade.

Offer - what does it give to participants? Such a document provides freedom of action to the second party, which has the right to ignore the transaction or make its own adjustments. It is less profitable for the offeror, since this participant depends on the decisions of other persons and takes on more obligations. This form is most often used in retail trade, nationwide, in international trade used extremely rarely.

Quite often in advertising on TV or online you can hear the words “not a public offer” or “accept a public offer.” As a rule, there is no clear understanding of the legal nature of the offer, and it is not entirely clear what it means to “accept the offer.”

In Russian civil legislation, it is defined this way: an offer that is sent to one person or group of persons. Moreover, such an offer contains some initial terms of the contract, and if the citizen accepts the offer, he is considered to have entered into such an agreement.

Thus in simple words, an offer is an offer of certain conditions from the seller to the buyer (product or service), which is sent in writing or orally. When a buyer purchases a product, he accepts the offer, and therefore all the terms of this agreement.

That's why we're talking about about a transaction in which 2 parties participate:

the offeror is the seller himself, represented by a firm, company and any other legal entity, as well as an individual entrepreneur or private person;
the addressee is the buyer, who is also called the acceptor (English accept - accept); The addressee can also be any party - both an individual and a company.

The buyer's agreement with the terms of the offer is called acceptance - this is what he gives to the seller when purchasing a product or service. Acceptance is given in writing or orally (for example, by telephone).

It turns out that an offer is not a contract, but an offer to conclude it under certain conditions. When the addressee accepts an offer, it means that he agrees to these terms. In this case, each party receives its own advantages:

The seller receives assurance that the buyer has accepted the offer by agreeing to the terms of the contract in advance.
The buyer receives a guarantee that during the entire validity period of the offer, the seller will no longer be able to change the conditions of his offer: price, promotion conditions, quantity of goods, etc., even if it becomes unprofitable for him. That is why very often sellers play it safe and say: “Offer is not public offer,” thereby removing any obligations.

There are several types of offers, the classification of which depends on the number of persons to whom the offer is addressed. However, all offers are characterized by several common features:

such a proposal always reflects the parties’ intentions to enter into an agreement;
All essential conditions agreements that the parties intend to conclude in the future;
description of the subject of the transaction: names of goods and/or services, their description, price;
an important feature of any type of offer is the presence of a certain period that is given to the buyer to make a final decision (during this time the seller does not have the right to withdraw the offer of the product);
an offer is always targeted - it is directed to a specific circle of individuals or legal entities.

Offer and contract

All of the above conditions allow us to see many similarities between the offer and any agreement that is drawn up during the transaction. Therefore, they often say: “offer agreement” or “public offer agreement,” which is not entirely correct. The reason is that an offer is an offer to enter into a contract under certain conditions and for a specific period of time; and any contract is an agreement that the parties sign at the moment.

PLEASE NOTE. Often when making a purchase of an expensive product (for example, household appliances, telephones, cars, etc.) the buyer signs several documents without looking. Some of them may contain the word “offer”. You need to understand this in such a way that when signing, the citizen has already agreed to the terms of the future agreement, so you should carefully look at what exactly you are signing.

Examples of offers from everyday life

Any 2 citizens, companies, public associations– i.e. both private individuals and legal entities.

Offer in the store

If you think about it, every citizen is faced with an offer several times a day. By entering a store and purchasing a product, you give the seller your consent in advance to the terms of the purchase and sale agreement that is expected to be concluded between you. Legally, this consent is expressed in the fact that you purchase a product of established quality, weight, volume at a certain price.

That is why, if at the checkout it turns out that the price on the receipt does not correspond to the one indicated on the price tag, the buyer has every right to demand that the goods be sold to him exactly according to the data on the price tag. Otherwise, the seller violates his offer.

The price tag is a guarantee that all information provided about the product is reliable. Ideally, there should be a store seal and signature on the reverse side responsible person, since the price tag is not just paper, but a full-fledged legal document.

Offer in advertising offers and product catalogs

Another example is catalogs with products, as well as advertising, which contains a disclaimer that the specified promotion relates to an offer. A special clause may also be provided stating that the advertising offer does not apply to the offer. There are also cases where a comment is made that the offer is only valid while the product is in stock. Sellers thus insure themselves against undesirable consequences.

Loan agreement with the bank

And finally, another common option is an offer that the bank often offers to clients. If a citizen applies for a loan, he is first asked to sign an application for consideration of the relevant application. And it states that the client, in case of a positive decision by the bank, already gives his acceptance (consent) to the terms of the loan agreement in advance.

Types of offer

Most known variety offers are public. However, along with it there are several other, less common types:

hard;
irrevocable;
free.

Types of offers differ in who they are addressed to, as well as in the features of their implementation in practice.

Public offer

The name of this offer explains its essence: this is an offer that is addressed to a large, fundamentally unlimited circle of people. For example, a store offers to buy any product at a certain price to any person - regardless of his age, citizenship, etc.

A public offer is characterized by several features:

most often the offer is formulated orally, and the buyer does not have to sign additional documents to accept the offer: for example, the buyer simply pays for the goods and receives a check in return;
the buyer is any person;
A public offer is the most common form of advertising on the Internet, on television, catalogs and in regular stores.

As an offer – i.e. with a guarantee of validity of the proposed conditions until a specific date.
Not an offer - without any guarantees (classic promotion).

Firm offer

Such an offer is made from one seller (private citizen or legal entity) to one buyer. Those. the circle of persons is clearly defined and consists of 1 addressee, who can also be an individual or legal entity. Similar view The agreement is called firm because a number of specific conditions are met:

the offer specifies a specific product or service;
The validity period of the offer is always agreed upon in advance;
If the buyer has given his consent, then the transaction is considered automatically completed – i.e. The purchase and sale agreement is no longer signed.

Irrevocable offer

In many cases, the offeror can only withdraw his offer until the buyer has accepted it. Those. Before the purchase is made, the seller may change the terms of his offer. However, in some cases, the document immediately contains an indication that such an opportunity is not provided, and the offer will be valid irrevocably.

Most often, an irrevocable offer is implemented through the interaction of firms and individual entrepreneurs. For example, if a company ceases to exist due to bankruptcy, its founders send out an offer to commercial partners to buy the company. This offer is valid for an indefinite period - until the company is bought.

Free offer

Such a proposal is very common in cases where a company enters a new market (or a new region of presence). Wanting to study possible consumer demand, the company sends an offer to specific recipients. Any of them can purchase a product or buy a service, and the seller is obliged to fulfill his promise. Based on the number of responses, the seller judges the market opportunities.

Unlike a public offer, a free offer is addressed to specific companies or individuals, and not to an unlimited circle of buyers.

How to make an offer

A written offer essentially represents the seller's commercial offer to a potential buyer. However, the offer has the legal force of a contract if the buyer signs it. When drawing up such an agreement, it is always indicated that it is an offer. It is also important to indicate contact details and other necessary information:

Comprehensive, reliable information about the product or service that is intended to be sold (name, characteristics, quantity, cost, etc.).
Methods of concluding a transaction (signing an agreement).
Methods of transferring funds for a purchase, indicating the relevant contacts and details of the seller (cash, non-cash).
Responsibility for possible violation of the offer.

You can compose the form yourself, since there is no unified form.

And much more.

Now on our agenda is a word that has already become an eyesore and has set many people on edge. "offer". You've probably seen it at least in commercials on TV, where it is often mentioned that, they say, this is not a public offer. True, they do not explain what an offer is and why it is so important for advertisers.

In fact, everything here is quite logical (and we will look at this as an example below). But, unfortunately, this term belongs to the field of jurisprudence and finance, which means you won’t get an explanation of what an offer is in simple words from such a public.

Actually, that’s why this little note appeared, in which I will not only try to explain the meaning of this word, but also show with examples what a public offer is, what other options there are, and why the expression “offer agreement” is somewhat contrary to common sense.

What is an offer and its differences from a contract?

The word itself comes from offertus, which in translation, depending on the context, can mean - offer, offered, suggest. An offer not in the sense of the structure of speech (a unit of language), but in the sense of “making an offer” (which they cannot refuse).

Well, we love words borrowed from other languages (such as volatility, coaching, etc.). They would write right away - a proposal, otherwise an offer, an offer... The word, although short, is not at all understandable right away. They don’t say that the groom made an offer to the bride. They say it's a proposal. But I’m getting a little ahead of myself.

So, an offer is an offer. Yes, yes, just a proposal in written or oral form, it doesn’t matter. For example, you (or you) suggest that your neighbors in the communal apartment create a cleaning duty schedule public use. If they agree, then based on this offer you enter into an oral agreement, accepting the initial conditions described in the offer, or making your own changes to them.

Those. in fact, this is a declaration of intent. You may be sent by mail an offer to conclude an agreement on such and such conditions (to receive a loan, to purchase goods from some company, to provide you with a service, etc.). This declaration (offer) should discuss in more or less detail the conditions under which this (future) agreement will be drawn up. All you have to do is accept these terms or refuse them.

Probably, even based on the above, it becomes clear to you that the expression "offer agreement" doesn't sound entirely logical.

It's like pre-contract(prelude to a contract, invitation to cooperation), i.e. a preliminary description by one of the parties (called the offeror) of the conditions under which this agreement can be drawn up, if the second party (called the acceptor) is satisfied with this. Those. a contract and an offer are not identical legal structures.

In simple words about offerors and acceptances

Well, they have already slipped from simple words to complex ones, but nothing can be done, no one has canceled the casuistry of the financial and legal class, and this word is just from their arsenal. Let us then give a few definitions so that when you meet them you understand what we are talking about:

Offeror- a person (individual or legal) offering an offer. This could be a seller of goods or services, or a potential customer of your services or buyer of your goods.
Acceptor- the one to whom the offer is addressed. Looking ahead, I will say that this can be either a specific person (or group of people) or absolutely any person who sees this proposal. For example, you go into a store, see the price tag for bread and automatically become an acceptor if you buy bread. The price tag is an offer, the seller (or store owner) is the offeror, and those who bought the product are acceptors.
- the fact of acceptance of the offer on the terms on which it was offered (for example, purchasing a product at the price indicated on the price tag is acceptance). If the acceptor decides to change the terms, then this will already be a counter-offer, and not an acceptance.

It is noteworthy that in some sentences of the offer acceptance may be considered not the real consent of the acceptor, but certain of his actions. Such actions in the language of casuistry are called conclusive, i.e. serving as a substitute or written consent.

For example, on some sites, an agreement drawn up under the terms of a public offer posted there may be considered to come into force as soon as you download some program from it or check the box in the right place. And it can simply be said that in itself further use of this site constitutes acceptance of the offer and the automatic conclusion of an agreement on the terms described therein.

For example, I have it done this way in . In fact, all site visitors are my partners who agree with the terms of the above public offer, which is warned about there.

In any case, the word “offer” means an offer to conclude a contract (agreement, conduct a transaction) on specific conditions. The acceptor of this proposal, who is satisfied with everything, can only respond to it with acceptance. But only in case of full consent with all the contents of this pre-contract.

If something doesn’t suit him, then he will have to answer new (counter) offer with an offer of adjusted terms. The silence of the acceptor in the general case (unless otherwise specified in the offer) should not be taken as acceptance (consent).

How to understand that this is an offer?

A very important difference between an offer and something else (empty chatter, TV advertising, etc.) is that it will contain all the “essential conditions” of the future contract are described, sufficient so that the acceptor no longer has any questions and he can make a decision (whether to agree or not with this proposal).

It should be clear to whom this proposal is addressed (it can be targeted, or addressed to a limited or even unlimited circle of people). For example, you received a call from your bank and personally offered you the conditions for obtaining a loan. Or you received an email with an offer to all bank clients to receive a loan under these conditions. Or you went to the bank and read a brochure with the conditions for obtaining a loan. Yes, or just went into the store and looked at the price tag.
The terms of the transaction must be clearly described. For example, the interest paid to you on the loan is indicated, its size and conditions for receipt are described. Or the price of the product in the store is simply indicated, which is already quite enough for you to enter into an agreement to purchase it (by paying for it at the checkout).
It should be clear that they want to conclude an agreement with you on the proposed terms, and not just received spam or someone signed the price with a marker under the shelf with the goods.

Why don’t they want advertising to be mistaken for a public offer?

Another important thing is that offeror offering you an offer essentially imposes obligations to comply with the conditions described there (completion dates, price, delivery conditions, etc.). This is important, because the acceptor will rely on these conditions and may suffer losses by relying on the offeror’s assurances. In this case, he may well sue and win the case.

If the validity period of an offer is not specified, then it is considered that this offer will be valid within a couple of months from the moment of its receipt by the acceptor. That is, if you saw an advertisement on TV indicating the price of the product and a description of other “essential conditions” (and it was not said that “this is not a public offer”), then you have two months to make a decision, and if conditions have changed during this time, then you have the right to demand that the promised be fulfilled (even to the point of filing a lawsuit).

Now you probably understand why advertisers so often add this incomprehensible (before reading this publication, of course) phrase that this the offer is not a public offer. They simply leave themselves room to maneuver with prices and conditions, because otherwise they can simply be sued or forced to fulfill the conditions described in the advertisement (and in fact, the offer).

Although advertisers don’t really like this and they try to avoid it, so that later there will be no legal claims against them for unfair advertising. After all, when filming an expensive video, it can be advantageous to hide some information about a product or service so that the offer looks more tempting. For example, the fact that this opportunity is not available in all product packages or the fact that a zero percent loan is not really like that.

Public offer and its other varieties

Distinguish different types offers, the main ones of which can be presented as follows:

Solid- this is when you personally (as or to an individual) offer something. For example, enter into a loan agreement, an insurance contract, or something else. Everything is as specific and targeted as possible. All you have to do is accept it specified period, or refuse (for example, by simply ignoring this offer). In this case, the offeror firmly undertakes not to change the conditions during the specified period of validity of this offer.
Irrevocable- here the offeror will no longer be able to backtrack even with all his desire. It can be concluded with either one or several persons (for example, shareholders of a company for a binding contract after a certain period). This option is often used during the liquidation of bankrupt companies.
Free- in this case, the offeror is not bound by any guarantees that you will definitely enter into an agreement with him on the terms described. This is due to the fact that this type offers are often used for mass mailing target audience proposals for cooperation, but if everyone suddenly agrees with it, then there may not be enough goods or services for everyone. This is simply an offer to discuss a deal (enter into negotiations) without obligations and specifics. Often this type of offer is used to test the market for the effectiveness of certain marketing steps (promotions, bonuses, discounts, unique offers etc.).
Public offer- this is something that you and I encounter every day, but we simply don’t know about it. Such an offer can be made in absolutely any way - written, verbal or by action. In a cafe you are offered to familiarize yourself with the menu and this, in fact, is a public offer. The same with the goods on the store counter, with the Ikea catalog that was thrown into your mailbox etc. (even if prices are not indicated).

In any case, an offer is an invitation to cooperate with you, which may entail the conclusion of a contract (deal, agreement) verbally, in writing or in another form.

In this case, the offeror most often bears responsibility for the conditions specified in it. For example, at the checkout of a store, when paying for an item, you enter into an agreement based on a public offer (price tag), and if they try to sell you an item at a higher price, then this illegal act is punishable by law (here you are within your rights in the full sense of the word).

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Public offer

« What then is a public offer?” - you ask. The legal definition of a public offer is also enshrined in the Civil Code. According to a public offer is an offer of a product in its advertising, catalogs and descriptions addressed to an indefinite number of persons, if it contains all the essential terms of the retail purchase and sale agreement. From this definition we can identify two features inherent in a public offer:

A public offer must be addressed to an indefinite number of persons;

It specifies the main terms of the contract and expresses the intention to conclude a contract with everyone who responds to the offer.

Let's give an example. The Internet provider sends out a mass mailing with an offer to provide its services, while indicating in this mailing all the main conditions of the future transaction (tariffs, discounts, speed, contact in case of problems, etc.). In this case, such an offer will be considered a public offer. In any case, he is obliged to enter into a contractual relationship and provide the Internet services described in the newsletter to all those who respond to the offer.

Public offer in retail purchase and sale

On the other hand, if goods are displayed on counters or showcases, then this is recognized as a public offer, regardless of the indication of the price and other essential terms of the retail purchase and sale agreement, for the only exception when the seller has independently determined that the product is not for sale. It is worth mentioning one more essential condition: only an offer that can be accepted by only one person at a particular time can be called a public offer. For example, selling drinks through vending machines. If the machine is turned on and filled with goods, then there is a public offer, and if suddenly there is a queue at the machine or the goods are out of stock, then the offer is temporarily withdrawn and a certain time must pass, which the buyer must wait before the offer is renewed. It is for this reason civil code considers advertising and other offers addressed to an indefinite number of persons only as an invitation to an offer. There is an exception to this rule. It concerns specifically the retail purchase and sale agreement. An offer of goods in a catalogue, advertising addressed to an indefinite number of persons are recognized as a public offer, but only if they contain all the essential terms of the contract. ( ). From this we can conclude that in this area, a public offer can also be considered a proposal to conclude a contract that can be accepted by an indefinite number of persons. It may happen that the seller does not have the required quantity of goods, and he will not be able to fulfill many concluded transactions, in which case he will suffer losses that will be associated with compensation for losses to the buyer.

Confusion in concepts

Unfortunately, many people confuse a public offer with advertising. These are different things. Advertising and similar offers are not a public offer. It does not usually contain certain conditions for the transaction to be concluded. She has a slightly different goal - to present her product in a more favorable light than that of her competitors. Some write on advertising brochures about the product that this offer is not a public offer, but, according to by and large, V in this case this sentence does not carry any semantic load. The same can be said about the various offers on the sites. The information on the site is also not a public offer, since the websites often do not indicate specific conditions, for example, those relating to the cost of products, timing of delivery of goods, etc., only general description of the product and its characteristics with an appeal to the client to come to the store and make a real deal.

Public offer agreement

The conclusion of a public offer agreement has a certain procedure. First, one of the parties sends to the other party a proposal to conclude an agreement, and the second party, in turn, accepts this proposal (accepts). In order for a contract to be concluded, unconditional acceptance is required, but in the case when an offer with reservations is accepted, it is considered that the acceptor sends a counter offer to the offeror and the latter can accept it, and then the contract will be concluded or send its terms again. (