Offer - what is it in simple words, what is a public offer and what does it have to do with the contract. The difference between an offer and a contract

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 it out once and for all what it is in simple words.

"Affair" or "offer" - which is correct?

This term comes from the Latin "offero", which means "offer", therefore the correct spelling of this 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 the concluded bilateral agreements or are observed when concluding transactions. The official definition of this term is spelled out in Art. 435 of the Civil Code of the Russian Federation.

Usually, an offer is drawn up in writing, after which the offeror (the one who drew it up) sends it to the acceptor (the one to whom it is intended). If the acceptor accepts the conditions offered to him, then this is the reason for the conclusion of a bilateral agreement or the transaction.

Offer types

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

free;
solid;
irrevocable;
public.

Free

An offer is called a free offer, which is a reason to start negotiations, during which the proposed conditions can be supplemented or changed. It applies to a limited number of people and can be used by the provider to study the dynamics of the market.

Solid

An offer is called a firm offer, in which an offer of cooperation is prescribed with clear conditions for the transaction. It always specifies certain periods during which the seller binds himself with an obligation. It is always directed 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 to buy back securities to shareholders.

Public

An offer is called a public offer, in which any person can act as an acceptor (this type is considered the most common). It clearly spells out prices, terms of the deal and terms.

Public offer - what is it in simple words?

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

"Not a public offer" - what does it mean?

Often on Internet sites and in print media, under the advertising text, there is an inscription: "This is not a public offer." This means that the published text should not be regarded as an offer to conclude a contract. In fact, in such texts it is proposed to buy something, but there are no clear conditions for concluding a deal.

If the advertisement stipulates prices and clear terms of cooperation, then it is a public offer. This means that if the seller does not sell the goods exactly on the conditions specified in such advertising, then he will face problems with the law. The inscription "Not a public offer" allows too careful 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 making a transaction that the offeror offers to the acceptor, as well as possess such features as the 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 to conclude a transaction with the acceptor.

Offer and acceptance

The offer reflects the will of one of the parties who wants to conclude an agreement or deal. Within the period indicated in it, 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 a refusal.

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

Acceptance of immediate action is characteristic of oral offers. This possibility is provided for transactions that are concluded orally.

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

Offer validity period

The offer may or may not indicate the time period for receiving the acceptance. If it is indicated and the possibility of revocation is not provided, then it is not possible to do so before the expiration of the term for receiving the acceptance. If the term is specified, but the possibility of revocation is agreed, then, if necessary, the offeror has the right to revoke it. If the term 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 for such an offer.

Offer - examples for review

An offer can be:

a letter with a proposal 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 a phone call in which agreement with the proposed conditions will be expressed);
an invoice in which, in addition to the name of the product, its value and quantity, the terms of payment and delivery, as well as the terms of shipment of the goods, are spelled out (by sending the 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 assortment of goods published on the website, cost, delivery and payment conditions (but if it is indicated that only a certain circle of people can use the offer or the online store does not describe the delivery procedure and seller's guarantees, then such an offer is not considered an offer).

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Offer - an offer to conclude a contract or to 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 terms proposed earlier.

In contact with

Public offer what it is Nice to see you again! My mother took up the study of online stores and, realizing that there is more choice there, 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 warranty nor returnable.

At this point I came to the rescue and began to write letters to the administration's address demanding that all the rules of the public offer be observed. Since then, all forms have been delivered intact and safe. So that you can quickly figure out this situation, I recommend reading this article.

Imagine that a guy is making a formal proposal to a girl to marry. That is, he blurted it out not casually as a joke, but invited relatives, followed all the customs and traditions. The girl will still think whether to answer him yes or no.

But the guy has already signed up and has an obligation, so he can't take his words back and change his mind. This is the offer, only this 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 an agreement. The intention must be completely specific, 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, then the seller is obliged to fulfill the contractual obligations. Offer - a document that has full legal force, which comes into force at the time of its receipt by the addressee.

Only in this case, 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 revoked by the person who sent it before the expiration of the period for obtaining the consent specified in the document, or if the possibility to revoke 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 proposal is bound by a contractual obligation - the consent of the addressee must be obtained during 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.

The public offer differs 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 a contractual relationship 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, various offers are continually addressed to us. And quite often we take them. Let's figure out how this happens, and how the offer differs from the contract. Offer is a term derived from the Latin verb "to offer". Thus, an offer is an offer of the offeror to conclude a deal with the acceptor.

The offeror is the initiator of the offer. He can formulate his proposal in writing or orally. However, only written acceptance can be considered evidence of acceptance of the offer. An offer is the first of the stages of concluding an agreement. If the acceptor (the one to whom the offer is addressed) consents to the conclusion of the transaction, he must issue it in writing.

He has the right to draw up a counter offer regarding the terms of the transaction (for example, the timing and volume of deliveries). The offeror, having considered the counter-proposal, can either agree to fulfill the conditions, or declare the impossibility of concluding the transaction.

The recipient of the offer (acceptor) can simply ignore the offer received from the offeror if the transaction is not interesting to him. After a certain period of time (stipulated in the law), the offeror can make a new attempt to negotiate - this time with another acceptor.

Offers are:

firm (addressed to a specific person);
free (focused on multiple acceptors);
public.

A public offer is an offer to sell a product / provide a service, addressed to an unlimited number of persons. In other words, anyone can act as an acceptor of a public offer.

Advertising posted 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 details of the deal in advertisements, and therefore the latter are just a "hint" to the offer.

Advice!

In addition, the seller can make adjustments to his offer if it suits him.

Public offer of the online store

An illustrative example of a public offer is an online store offer. The page of such a store contains all the information the acceptor is interested in: 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 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 will notify the buyer of this fact before he 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 a product / service 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 brochures are an invitation to an offer, 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 make a purchase and sale transaction.

In addition, the offer of the provider may consist in the implementation of some joint action. The acceptor confirms his agreement with the terms of the provider by registering on the website, placing an order or paying for the purchase.

Sanctions for violation of a public offer

The will of only one party is expressed in the offer, therefore the offer is considered by lawyers as a unilateral transaction. For a contractual relationship to arise, it is necessary that the other party accepts the offer.

After that, each of the parties assumes certain obligations. Violation of these entails liability provided for by 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 the offer, which 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 complete it. The agreement, 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 an offer to conclude an agreement on the supply of goods or the provision of certain services. The offer is made in writing. It can be directed to one or more persons.

The offer must contain the conditions for the delivery of goods or the provision of services, as well as the terms and other information that can attract the attention of the buyer.

The offer usually precedes the contract if required by law. In other cases, the offer itself can serve as a contract. The recipient of the offer can respond with consent to the offer, then the consent is made in writing.

He can, accepting the offer, send a counter-offer to the supplier, that is, 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 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 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 directed to several persons.

There is also such a form of an 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, directed to persons, the number of which is not determined and not specified.

That is, the buyer in this case can be any person who responded to the offer. An example of a public offer can be an advertisement that contains the conditions 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 negotiating a deal. Also, the seller reserves the opportunity to change the terms of the transaction if compliance with them turns out to be unprofitable for him.

An example of a public offer is the offer of an online store. Actually, it does not differ in anything special from the 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, as well as the fact that it is sent to the address of any persons: both individuals and legal entities, without specifying who exactly ...

This is followed by standard chapters and clauses that talk about the terms and conditions 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 goods indicated on the price tags in retail stores or in online stores are only advertising, an invitation to a deal or an agreement.

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!

These agreements include both sales and purchase agreements and joint ventures. Consent to the proposed offer can be expressed by registering on the website of the person who proposed the offer, by ordering a particular product.

Violation of a public offer

Both the person who proposed his offer and the person who accepted it enter into a certain contractual relationship. These relations can be either formalized by an agreement or 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

According to Russian law, an offer must:

be specific enough;
express the intention of the person to consider himself to have concluded an agreement with the addressee;
contain all the essential terms of the contract.

Features of the offer:

The offer must contain the essential terms of the contract
The offer connects the person who sent it from the moment it is received by the addressee.
If the notice of revocation of the offer was received earlier or simultaneously with the offer itself, the offer is considered not received.

The offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise stipulated in the offer itself or follows from the essence of the offer or the environment 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 indicated 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

Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.
The acceptance must be complete and unconditional.
Silence does not constitute an acceptance, unless otherwise arises from the law, custom of business or from the previous business relationship of the parties.
The performance by the person who received the offer, within the time period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or is not specified in the offer.

It should also be noted 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 is considered not received.
When the term for acceptance is determined 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 term for acceptance is not specified in the written offer, the agreement 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 time limit for acceptance, the contract is considered concluded if the other party immediately declared its acceptance.

in cases where a timely sent notice of acceptance is received with a delay, the acceptance is not considered late if the party that sent the offer does not immediately notify the other party of the receipt of the acceptance with a delay.
If the party that sent the offer immediately informs the other party about the acceptance of its acceptance received late, the contract is considered concluded.
A response to agree to conclude an agreement on terms other than those proposed in the offer is not an acceptance, such a response is recognized as a refusal to accept and at the same time as 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/

Offer what an Offer is - an offer to one or more persons to conclude an agreement on conditions determined in advance.

In Russia, the offer is governed by Art. 435-449 of the Civil Code.

According to the current legislation, "an offer is a proposal 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 concluded 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 an agreement on the basis of an offer, it must be accepted.

In practice, the 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 it is also indicated that the offer serves as an offer and filling out the loan application form is an acceptance.

After a potential client has filled out an 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 - considering applications, establishing the creditworthiness of a client, etc.

In a number of cases, there is another approach: on the contrary, the bank considers the client's request for a loan to be an offer, and if a financial institution, having checked 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 - 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 not drawing up an offer for the bank or accepting a particular offer.

Advice!

In addition, dealer activity in the securities market is based on the offer principle. When a market participant puts quotes on the exchange or on the over-the-counter market - an offer to buy or sell a certain amount, for example, shares, this is an offer.

By sending a counter application, the other participant accepts it, and the transaction is considered concluded. The same principle is followed by the Forex market, as well as bank quotes for precious metals.

source: http://www.banki.ru/

Public offer - what is this type of contractual relationship

What is a public offer Knowledge of the laws is a real guarantee of security in ensuring your legal rights. Unfortunately, many people face difficulties in everyday life, precisely because they are not aware of 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 take a look at these issues.

What is an offer

Every day we hear that many companies publicly offer us their products or services on certain conditions, hoping to interest us with their offer. If we are satisfied with any of these proposals, then we can respond to a profitable deal.

This type of relationship is called an offer. A certain person (provider) makes a formal proposal 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 purchasing a product or service. If the product or service is not purchased, then the offer is not accepted, and in this case no one bears any obligations.

What is a public offer

We constantly hear advertisements on TV, or read advertisements in newspapers, visit stores with various demonstrations and profitable offers, study many sites that invite us to make "our choice" - all these offers, if they stipulate any specific conditions for making a deal 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 wishing to conclude this contract for the sale or service.

What is needed 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 prerequisites for its legal conclusion. It should contain:

Full open information about the terms of the agreement.
The product, its characteristics and fixed cost are indicated (unless otherwise specified).
Delivery method, payment.
Method of concluding an agreement.
Responsibility of the parties.
Details of the parties.

The law insists that the offer can be formalized by any document that will reflect the necessary conditions for the conclusion of the transaction.

Remember that in this document or oral appeal, the intention of the person to enter into a contractual relationship with you must be indicated - that is, a public offer must 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. At the same time, accepting the terms of the offer.

Warning!

If you have committed such actions, you become a party to the contractual relationship, that is, you take on responsibilities 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 lucrative offer without examining all the nuances and ulterior motives.

You, in turn, can respond and study the terms of the "contract". And when you paid for it, or applied for a 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 agreement - the bank made an offer.

If you have withdrawn money, that is, used the offer, you have accepted the terms of the offer. This is a public offer agreement that has caused your rights and obligations to the party that offered it. If you ignored it, after reading the contract to the end and realizing that it is not profitable for you, the conclusion of a legal relationship does not occur.

Any public "invitation" to a deal that you have not responded to or accepted is not a public offer just for you! It does not cause the rights and obligations of a citizen to a trading or service provider!

In what cases a public offer agreement is not considered concluded

There are times when an agreement has been proposed, you have accepted it, and the party is trying to add clauses to the agreement or completely change its terms - 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 other 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 agreement has not been concluded:

If the offer does not stipulate 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 provided with false information
In the world of information flow, even knowing our rights, it can be difficult to understand what really triggers our obligations and what confers legal rights.

We use the Internet, shop and order services. Are advertisements a public offer in this case?

Proposals to use the services or purchase the required product 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 are necessarily indicated in the user agreements, where it is clearly indicated that this is an offer.

By clicking on the "Agree" button, you consent to the conclusion of a legal relationship.

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 become one of the parties to the contract. The check confirms the legality of the operation, and in case of non-compliance with the quality requirements, you are protected by law.

However, in the case when you are offered something, but at the same time violated:

terms of an agreement
no price 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, she only informs about the availability and merits of the goods, but does not offer to conclude a deal on this basis. She only beckons to the store so that the deal is already there.

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 can be directed to one or more persons. The offer must contain the conditions for the delivery of goods or the provision of services, as well as the terms and other information that can attract the attention of the buyer.

The offer is called solid if it is directed to one specific person... The offer is called free in the case when it is directed to several persons.

There is also such a form of an 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, directed to persons, the number of which is not determined and not specified.

Example

An example of a public offer is the offer of an online store. Actually, it does not differ in anything special from the 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, as well as the fact that it is sent to the address of any persons: both individuals and legal entities, without specifying who exactly ...

This is followed by standard chapters and clauses that talk about the terms and conditions 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. By themselves prices are not a public offer... The cost of goods indicated on the price tags in retail stores or in online stores are only advertising, an invitation to a deal or an agreement.

Public offer on the site

Violation of a public offer

Discussion (7)

Indeed, we often meet with the offer in our everyday life. In newspapers, magazines, and other announcements that publicly inform an indefinite circle of individuals and legal entities about the conditions for the sale of a particular product, the issuance of loans on certain conditions, the procedure and sequence for concluding contracts. As a rule, the terms of the offer are obligatory for the persons who have publicly announced the offer.

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

An offer is not a familiar word for an ordinary person, but sooner or later everyone participates in it. One of the types of offers is irrevocable, in which it obliges the offeror to conclude 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 used for a limited number of people.

From the article "The prices themselves are not a public offer."
But here I disagree, if you go to a retail store, then by law, in essence, the price tags are a "public offer", since they oblige you to sell the goods on these terms. And the law directly stipulates what will happen to the seller who refuses to fulfill this "public offer". But on this topic, you can argue for a long time.

An offer is not a clear word for an ordinary person, but nevertheless, each person in such a transaction sooner or later participates. For example, who has not received letters from banks with a credit card attachment? Probably a good half of the population. This is the offer, the letter specifies the procedure for calculating and the interest rate and other necessary conditions of the agreement between the bank and the potential borrowed person. And the counterfeiting is generally an interesting thing. In 2013, the man changed the conditions for issuing a loan so that the bank owed him a large amount. Since then, banks have somehow calmed down and are increasingly trying to personally communicate with customers.

There was a funny situation in our organization about counter-offers. As part of attempts to conclude a contract for the lease of special equipment, counter-offers were thrown with a potential contractor for almost a month, in total, before the acceptance took place, the document was edited six times. As a result, the contract, of course, was concluded.
But seriously, there is another type of offer that 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 mainly used in the field of offers for the redemption or full redemption of shares / bonds of an enterprise (for a limited number of people). There is even a special type of put option. In this case, it is used for non-market regulation of the security yield level.
In general, any offer is a kind of touchstone, a pioneer of the contractual process, which allows monitoring the target group without imposing any special obligations on the offeror (if it is, of course, not an irrevocable document), the popularity of which is growing.

Offer agreement (offer) is an offer of one person to conclude an agreement addressed to another person (or persons). The proposal can be transmitted orally or in writing and addressed to one specific person, several persons or an indefinite number of persons.

In accordance with Russian law, the offer agreement must clearly and unequivocally state the intention to conclude an agreement between the person who made the offer and the addressee, as well as all the terms of the agreement, the procedure for their determination and execution.

The conclusion of an offer agreement occurs if the other party (addressee) agrees to conclude an agreement. Acceptance of the terms of the offer and consent to conclude an agreement is called acceptance. The acceptance can be recognized as the performance of certain actions by the counterparty. Failure to respond to an offer cannot be recognized as an acceptance if this is not determined by law or the terms of a specific agreement. For acceptance, a certain period is established during which the offer cannot be withdrawn.

A public offer is an appeal to an indefinite circle of persons.

In the practice of international trade, two types of offers are accepted: free and firm.

A firm offer involves sending a written offer to sell a consignment of goods to one specific counterparty, and the offer specifies the period during which the sender is considered a related offer and cannot offer anyone else a consignment of goods to which the offer belongs. The same product can be offered to other buyers only after the expiration of the acceptance period or the refusal of the counterparty to conclude a contract.

A free offer allows sending offers for the sale of the same product to several buyers. In this case, the term for acceptance is not established. A free offer is an offer to enter into negotiations.

In the Russian legal system, in order to formalize commercial legal relations, the use of such sources as an offer and a contract is provided. What is their specificity?

What is an offer?

Under offer it is customary to understand an open (published anywhere), documented proposal of a commercial firm to conclude an agreement with it and addressed to potential clients, partners, buyers.

As a rule, the main terms of the deal are fixed in the offer. First of all, this is the cost of a product or service, their main characteristics, terms of delivery, maintenance and other options offered by the organization to accompany the transaction.

An offer is an offer formed by a supplier of products or services that a potential client, partner or buyer has the right to accept, refuse or completely ignore. But the firm, in turn, may have obligations associated with the release of the document in question.

An offer can be:

public;
closed;
solid;
free (in fact, an offer that is not, but in demand - below we will consider this feature).

A public offer is a document by means of which a supplier of goods or services offers to buy them to an indefinite number of persons. Such a source reflects the characteristics of a product or service, their cost, as well as the conditions for their provision.

Descriptions of goods in catalogs of online, and in many cases also offline stores, in which the above information is indicated, can be considered examples of public offers. But it is necessary to distinguish the relevant document from advertising, in which a limited list of product characteristics is usually recorded, and this is not enough for the banner to be recognized as a public offer.

A closed offer is a document through which a firm offers to buy its goods or services to a specific circle of persons. As a rule, the need for this arises due to the confidentiality of the information contained in the document. An example of an offer of this type is an invoice to pay for a product or service.

A firm offer is a document that a company offers to an individual and fixes in it the terms during which it undertakes to sell its goods or services at the price indicated in the source.

A free offer is understood as a document that a company offers to several buyers, and as a rule - addressed, in order to receive a fundamental answer from them regarding the prospects for buying the proposed product or service. Usually, its text explicitly states that this is not an offer. Or it becomes obvious by virtue of the content of the document. Therefore, the word "offer" in this case is used informally.

Regardless of the specific type of offer (except for a free one, for the reasons noted above), its execution by the company that issued the document is mandatory - if the corresponding offer is accepted by the buyer or client. That is, it was accepted in the prescribed manner. An accepted offer is legally equivalent to a full contract.

If the company refuses to conclude an agreement with a partner on the conditions that are enshrined in the offer, then it will be liable in accordance with the norms of the Civil Code of the Russian Federation. In particular, this can be the payment of a penalty to the person who accepted the offer, as well as compensation for losses, if any.

If the company that issued the offer has changed its mind to enter into the transaction on the conditions that are reflected in the document, then it has the right to withdraw it. But in this case, information about the revocation of the offer must reach its addressees before they familiarize themselves with the provisions of the document. In addition, the source sometimes contains a provision that the offer can be withdrawn - in this case, the fact of its acceptance before the cancellation by the supplier does not matter.

What is a contract?

Contract- this is a civil law agreement, through which its parties fix the terms of cooperation, sale and purchase, lease of property and other nuances of legal relations. Until the contract is signed by both parties, they have no obligations to each other.

The terms of the agreement in question may be negotiated orally or through the exchange of messages that are not legally significant documents before the formalization of the transaction. They may initially contain all those conditions that are subsequently enshrined in the contract, but this will not matter. The key moment of vesting the document under consideration with legal force is its signing by the parties.

An exception is if any of the messages, through which the details of the contract are discussed, contain signs of an offer. If it is accepted, it will acquire the status of an agreement. Note that in practice, the conclusion of an agreement in an appropriate way involves the offline exchange of documents - with the signatures and seals of the parties. Or online - in compliance with the requirements of the legislation of the Russian Federation on data protection and confirmation.

Comparison

The main difference between an offer and a contract is that it is a document, the compilation and publication (or address transmission) of which is carried out by only one subject, while the contract, as a rule, is formed by at least two parties.

Offers usually prescribe significantly more obligations than the rights of the company that issued the corresponding document. For example, these may be responsibilities related to the supply of goods or services or their maintenance, if it is electronic equipment. The obligations of the accepting party, as a rule, are reduced only to payment for the goods.

In the contract, in turn, the rights and obligations are usually more or less evenly distributed between the parties. It is a more balanced document in this sense.

In many respects, an offer can be very similar to an agreement: it is supposed to reflect all the basic conditions of the transaction, and its acceptance is actually an action similar from a legal point of view to signing an agreement.

Having determined what is the difference between an offer and a contract, we will fix the conclusions in the table.

table

Offer	Contract
What do they have in common?
The accepted offer is by its legal nature similar to the contract (considered as its kind)
What is the difference between them?
It is compiled by one subject, the rest is only accepted (upon agreement with the terms contained in the document)	Drafted by at least two entities that are parties to the agreement
As a rule, it implies the emergence of a larger volume of obligations for the party that issued the document, and not for the subject that accepted the offer.	As a rule, it involves a relatively equal distribution of rights and obligations between the parties to the transaction