The offer is a sample. Public offer: what is it? Concept and signs, examples in retail and on the Internet
We very often hear the words “offer”, “public offer”, “not a public offer”, but we do not always understand their meaning. In fact, these concepts are not so far from us. Imagine a situation: a guy offers a girl “his hand and a heart” and makes her an official proposal to marry him. But he said this not as a joke in passing, but in compliance with all customs and traditions. The girl has time to think about what to answer him, but the guy can no longer refuse his words, he has accepted certain obligations, he can no longer change his mind. This can be called an offer, only this concept is more often applicable to business relationships, not personal ones. The legal concept of an offer is contained in the Civil Code of the Russian Federation. This is an offer from the offeror (a certain person) to the acceptor (a certain person, a limited or unlimited number of persons) to conclude a transaction (agreement) indicating all the conditions necessary for this. ( )
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. ISP does mass mailing with an offer to provide their 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 display windows, 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, with the only exception when the seller has independently determined that the goods are not subject to 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 a queue forms 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 that the 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. The offer of goods in the catalog, 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 proposal is not a public offer, but, by and large, in 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. (
Addressed to a specific person, a limited or unlimited circle of people. If the recipient (addressee) accepts the offer (expresses consent, accepts it), this means the conclusion of the proposed agreement between the parties on the terms specified in the offer. The offer can be written or oral.
The direction (issue, publication) of an offer obliges the person who sent it to conclude the agreement specified in the offer with the acceptor (or any of the group of acceptors).
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Many issuers introduce offers for their bonds, that is, the possibility of early redemption of a security at a pre-agreed price.
For long-term bonds, an offer can be a means by which the investor and issuer can adjust the yield valuable papers. In some cases, the bond coupon payment may be less than its market price, with the help of a bond offer, the issuer can regulate the profitability of this security.
The bond offer date is determined in advance and cannot be changed. Thus, with the help of a bond offer, the investor can regulate credit risk, and the issuer - interest rate risk. The redemption price of a bond under an offer is determined based on an agreement between the issuer and the investor, and can be either higher or lower than the market value. The procedure for repurchasing a bond in accordance with the offer is determined in the agreement that the issuer concludes with the investor.
The offer is definite proposal for contractual relations, 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. Sent to one circle of people.
- Materiality. The document must set out everything important conditions transactions.
- 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're talking about about cancellation of 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. A public offer is an example of 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.
A public offer is an offer from a legal or individual conclude a certain It implies a proposition addressed to specific subjects that clearly expresses the intentions of this legal or natural person who offers 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 to be the performance by the person who received the offer of the actions specified in (this could be unloading the goods, performing various works, provision of services, payment of 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.
Public offer what is it? Nice to see you again! My mother began studying online stores and, realizing that there was more choice there and prices were lower than in retail outlets, she completely switched to online shopping.
But imagine her indignation when one of the online stores did not give her any forms, neither warranty nor return.
At this point I came to the rescue and began writing letters to the administration demanding compliance with all the rules of the public offer. Since then, all forms have arrived intact and safe. So that you can quickly understand this situation, I recommend reading this article.
Imagine that a guy makes a formal marriage proposal to a girl. That is, he did not blurt this out casually as a joke, but invited relatives and followed all the required customs and traditions. The girl will still think about whether to answer him yes or no.
But the guy has already signed up and has an obligation, so he can’t take back his words and change his mind. This is what an offer is, 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 enter into an agreement. The intention must be completely definite, that is, the offer is addressed to a specific person or persons, contains a clear willingness to enter into an agreement and indicates the specific conditions under which it will be signed. The offer can be sent in the form of a letter, fax, telegram, as well as in the form of a draft agreement.
The person who sent the offer becomes bound by certain conditions. This means that if the addressee accepts the offer, the seller is obliged to fulfill contractual obligations. Offer is a document that has complete legal force, which comes into effect the moment it is received by the addressee.
An offer is considered not received only if, simultaneously with it or before its receipt, a notice of its withdrawal is received. An offer cannot be withdrawn by the person who sent it before the expiration of the period for obtaining consent specified in the document, or if the possibility of revoking 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 within this period.
A free offer is offered to several potential buyers at once. As a rule, it is sent as an offer to begin negotiations and serves the purpose of preliminary market research.
A public offer differs in that it is addressed to an indefinite number of persons. It specifies the basic terms of the contract and clearly expresses the intention to conclude it with everyone who responds.
For example, if an Internet provider sends a mass mailing offering its services, and it contains all the basic conditions ( tariff plans, speed, discounts, etc.), then this is a public offer. He is obliged to enter into contractual relations and provide Internet services to all respondents, unless otherwise provided by the offer itself.
Attention!
source: http://setadra.ru/
What is a public offer
IN Everyday life We receive various offers every now and then. And quite often we accept them. Let's figure out how this happens and how an offer differs from a contract. Offer is a term that is derived from the Latin verb “to offer.” Thus, an offer is an offeror's proposal to enter into a transaction with an 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 an offer. An offer is the first stage of concluding an agreement. If the acceptor (the one to whom the offer is addressed) agrees to enter into a transaction, he must put it in writing.
He has the right to draw up a counter-offer regarding the terms of the transaction (for example, timing and volumes of supplies). The offeror, having considered the counter-offer, can either agree to fulfill the conditions or declare the impossibility of concluding a deal.
The recipient of the offer (acceptor) can simply ignore the offer received from the offeror if the deal is not interesting to him. After a certain period of time (specified by law), the offeror can make a new attempt to come to an agreement - this time with another acceptor.
The offers are:
- solid (addressed to a specific person);
- free (focused on several 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 placed in the media, the Internet and printed publications, 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” of the offer.
Advice!
In addition, the seller can make adjustments to his offer if it is beneficial to him.
Public offer of an online store
A clear example of a publicly available offer is an offer from an online store. 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.
By making a purchase (placing an order) in an online store, the client simultaneously gives acceptance (agrees with the offer) and enters into an agreement with the offeror. Thus, the store's offer is both an offer and a contract.
Warning!
Typically, the seller notifies 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 require specification.
The offer agreement contains sections and clauses devoted to the conditions and terms of provision of services, prices for them, responsibility of both parties, force majeure circumstances 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, and not an offer as such.
Posting a public offer on the Internet
By posting his offer on a particular website, the seller invites all interested parties to complete a purchase and sale transaction.
In addition, the offeror's proposal may consist of performing some joint actions. The acceptor confirms his agreement with the terms of the offeror by registering on the site, placing an order or paying for a purchase.
Sanctions for violating a public offer
The offer expresses the will of only one party, therefore the offer is considered by lawyers as a one-sided transaction. For a contractual relationship to arise, it is necessary that the other party accepts the offer.
After this, each party assumes certain obligations. Violation of such 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 an offer that the addressee has already received is irrevocable unless otherwise stated in its text. But, one way or another, an offer is not a contract yet, but just an invitation to complete it. The contract, in turn, can simultaneously be a public offer.
source: http://www.temabiz.com/
How to understand that this is a public offer An offer is an offer to enter into 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.
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 its proposals (offer) to another possible buyer.
An offer is called firm if it is directed to one specific person. An offer is called free when it is sent to several persons.
There is also such a form of offer as a public offer.
Public offer - what is it?
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.
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 circumstances, 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. The prices themselves 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.
Advice!
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.
source: http://delatdelo.com/
Distinctive features of the offer
By Russian legislation the offer must:
- be sufficiently specific;
- express the person’s intention to consider himself or herself to have entered into an agreement with the addressee;
- contain all essential terms of the contract.
Features of the offer:
- The offer must contain the essential terms of the contract
- The offer binds the person who sent it from the moment it is received by the addressee.
- If the notice of withdrawal of the offer was received earlier or simultaneously with the offer itself, the offer is considered not received.
An offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise specified in the offer itself or follows from the essence of the offer or the situation in which it was made.
Public offer. Signs of a public offer
- Advertising and other offers addressed to an indefinite number of persons are considered as an invitation to make offers, unless otherwise expressly stated in the offer.
- A proposal containing all the essential terms of the contract, from which the will of the person making the proposal is discerned, to conclude a contract on the terms specified in the proposal with anyone who responds, is recognized as an offer (public offer).
Acceptance of offer
- Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.
- Acceptance must be complete and unconditional.
- Silence is not acceptance, unless otherwise follows from the law, business custom or from previous business relations sides
- The performance by the person who received the offer, within the 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 appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.
It is also worth noting that:
- If the notice of revocation of acceptance was received by the person who sent the offer earlier than the acceptance or simultaneously with it, the acceptance is considered not received.
- When the offer specifies a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer within the period specified in it.
- When a written offer does not specify a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer before the end of the period established by law or other legal acts, and if such a period is not established, within the time normally required 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 declares its acceptance.
- In cases where timely notice of acceptance is received late, the acceptance is not considered late unless the party sending the offer immediately notifies the other party of the late receipt of acceptance.
- If the party that sent the offer immediately notifies the other party of the acceptance of its late acceptance, the contract is considered concluded.
- A response indicating consent to conclude an agreement on terms other than those proposed in the offer is not acceptance; such a response is recognized as a refusal of acceptance and at the same time a new offer.
- If the contract does not indicate the place of its conclusion, the contract is recognized as concluded at the citizen’s place of residence or location legal entity who sent the offer.
source: http://infa24.narod.ru/
What is an offer? An offer is an offer to one or more persons to enter into an agreement on predetermined conditions.In Russia, the offer is regulated by Art. 435-449 of the Civil Code.
According to current legislation, “an offer is an offer addressed to one or more specific persons, which is sufficiently specific and expresses the intention of the person making the offer to consider himself to have entered into an agreement with the addressee who will accept the offer.”
In this case, the offer must necessarily contain the essential terms of the contract. In order to conclude an agreement on the basis of an offer, it must be accepted.
In practice, an agreement in the form of a public offer is used by a number of banks offering, for example, their loan products. The official website contains essential conditions, and also states that the proposal serves as an offer and filling out the loan application form is an acceptance.
After potential client 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 terms specified in the offer. Thus, credit institutions act in order to protect themselves from useless work - reviewing applications, establishing the client’s creditworthiness, etc.
In a number of cases, there is another approach: on the contrary, the bank considers a client’s request for a loan to be an offer, and if a financial institution, after checking the borrower’s data, decides to issue a loan, then by law it accepts this offer. A special account is opened for the client, into 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 is filling out and whether his actions constitute the preparation of an offer for the bank or the acceptance of a particular offer.
Advice!
In addition, dealer activity in the securities market is based on the offer principle. When a market participant puts up quotes on an exchange or over-the-counter market - an offer to buy or sell a certain number, for example, of shares, this is an offer.
By sending a counter application, the other participant accepts it, and the deal is considered concluded. The Forex currency market operates on the same principle, as do bank quotes for precious metals.
source: http://www.banki.ru/
Public offer - what type of contractual relationship is this?
What is a public offerKnowledge of the laws is a real guarantee of security in ensuring your legal rights. Unfortunately, many people face difficulties in everyday life, precisely because of ignorance in some legal aspects. Which often also entails financial losses.
Every day, we make transactions, accept offers and enter into public offer agreements, without even knowing it! How does this happen? Let's look into these issues.
What is an offer
Every day we hear that many companies publicly offer us their goods or services under certain conditions, hoping to interest us in their offer. If we are satisfied with any of these offers, then we can respond to a profitable deal.
This type of relationship is called an offer. Certain person(the offeror) does formal proposal another person or group of persons (acceptors) to enter into a legal contract under 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, in which case no one is under any obligation.
What is a public offer
We constantly hear advertisements on TV, or read advertisements in newspapers, visit stores with various demonstrations and advantageous offers, study many sites that invite us to make “our choice” - all these offers, if they stipulate any specific conditions for completion of a transaction are proposals to make 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, which contains all the conditions for concluding an agreement, such as:
- warranty obligations
- delivery times and so on
- and which publicly invites anyone to enter into this contract for sale or service.
What is necessary to conclude a public offer agreement
The law clearly states and explains what is necessary for legal relations in this area. The contract itself must contain everything prerequisites for his legal conclusion. It should contain:
- Full open information about the terms of the agreement.
- The product, its characteristics and fixed price 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 an offer can be drawn up in any document that will reflect the necessary conditions for concluding a transaction.
Remember that this document or oral communication must indicate the person’s intention to enter into a contractual relationship with you - that is, the public offer must be addressed to you.
And you, in turn, can respond to a “tempting” offer by placing 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 performed such actions, you become a party to a contractual relationship, that is, you undertake responsibilities for their implementation. Just like the organization that offered you the offer, now also has 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 terms and conditions of the offer agreement Never rush to accept profitable proposition without examining all the nuances and hidden motives.You, in turn, can respond and study the terms of the “agreement”. And when you paid for it, or submitted an application for purchase, you became a party to the agreement. After all, the oral form of an 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, 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 withdrew money, that is, took advantage of the offer, you accepted the terms of the offer. This is a public offer agreement that gives rise to your rights and obligations to the party who offered it. If you ignored it, having read the contract to the end and realizing that it was not beneficial for you, the conclusion of a legal relationship does not occur.
Any public “invitation” to make a transaction that you have not responded to or accepted is not a public offer specifically for you! It does not give rise to the rights and obligations of a citizen towards a trading or service-providing organization!
In what cases is a public offer agreement not considered concluded?
There are cases when an agreement is proposed, you accept it, and the party tries 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 the product and pay for it, that is, you confirm your acceptance of the offer and agree to the terms. The owner tells you that you need to purchase a number of more 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 is not concluded:
- If the offer does not specify 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 a world of information flow, even knowing our rights, it can be difficult to understand what truly triggers our obligations and what confers legal rights.
We use the Internet, make purchases and order services. Are advertisements a public offer in this case?
Offers to use services or purchase a necessary 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 must be specified in user agreements, where it is clearly stated that this is an offer.
By clicking on the “I Agree” button, you give your consent to enter into a legal relationship.
But if you are involved in retail trade - buying or selling your goods, you become a “party” to the contractual relationship. They offer you a product, you can negotiate the price, find out about the quality of the product, agree on the terms of such an “agreement” and make a purchase - this is an oral offer in which you have become one of the parties to the contract. The receipt confirms the legality of the transaction, and in case of non-compliance with quality requirements, you are protected by law.
However, in the case when you are offered something, but the following are violated:
- agreement conditions
- price not specified
- terms of purchase are not clear
- there is no clear expression of will to make a deal with you
then this offer is not a public offer!
Is advertising a public offer? Advertising is not a public offer if it does not contain an offer to conclude a transaction. In this case, she only informs about the availability and advantages of the product, but does not offer to conclude a deal on this basis. She just invites you into the store so that the deal can take place there.
