Offer. Public offer

Offer - a proposal addressed to a certain or indefinite number of persons containing all the essential conditions of the proposed transaction and expressly expressing the intention of the initiator to conclude an agreement with the addressee. In such a definition of this term, it is not easy to figure it out, so we will consider what the offer is simple words, what are its kinds, why it is incorrect to say "Offer Agreement" and, finally, which means the phrase "is not a public offer", which can often be found on advertising Goods and services modestly attached somewhere in the lower corner of an advertising poster?

Offer. What are these simple words? Real example of life

The phonod of the word "offer" is Latin "Offero", which means "I propose". At first, this word migrated to French, converting in it in "Offrir" - "Offer the price, transmit". The Russians borrowed this term in the 19th century already among the French and gave it the value "offer to conclude a deal."

If we speak simple words, the offer is called the supplier's appeal (contractor, seller), directed in writing or oral form to a specific person or group of persons with a proposal to purchase goods or services. And the one who treats you with such a proposal (it is called a test), undertakes to conclude an agreement subject to the consent of the addressee, even oral. The addressee (to whom the proposal is directed) is called another acceptance, and its consent is an acceptance.

The offer, for example, will be a business letter (commercial offer) from one legal entity or an individual entrepreneur to another with a proposal to buy a batch of goods in the amount of such, for the price of such something, with delivery then and the terms of payment (immediately or with ). The acceptance will be a counter letter with the adoption of this offer or a phone call with the consent of the transaction (in the form of a contract).

An even simpler example is a proposal of your neighbor on a tambour to buy a light bulb, after they burned out. If the neighbor agrees (he accepted your proposal), then the action of your offer was safely completed between the oral or written agreement (Agreement).

A real example from life can be seen below.

Note! The silence of the Accessant is not recognized by its automatic acceptance of the offer, unless other conditions are not specified in the text of such a proposal (Art. 438 of the Civil Code of the Russian Federation).

Any offer has its own duration - the time that the acquisition is given to make a decision and give an answer.

Offer must meet the following principles:

• addressible, i.e. the direction of a certain circle of persons;
• significance - mandatory content in the text of the document of the essential conditions, on which the transaction will be. In our example, essential conditions are unambiguous information about the cost of goods, its number, conditions and delivery time;
• definition - from the text of the appeal should explicitly follow that the offer intends to conclude an agreement on the proposed conditions.

During the period allotted by the addressee to the decision-making, the offer cannot withdraw (Article 436 of the Civil Code of the Russian Federation). But if the possibility of early recall is spelled out in the text of the suggestion, then the premature review will be possible.

"Contract offer". Is it correct to say that?

Sometimes in the business environment you can hear the phrase "Agreement of Offer". It is important to know that the offer itself is not considered to be a contract. This is only his run-up, a preliminary invitation to cooperate is no more. The contract itself is lies later, but on the conditions that were stipulated in the offer.

The official interpretation of the term, as well as the main nuances of its use in practice, is registered in the civil law of the Russian Federation (Art. 435 of the Civil Code of the Russian Federation) and are governed by him.

Samples for familiarization and download

Sample offer (ready to fill out) You can view and download below.

Views of the Offer

There are 4 main varieties of offer:

1. Free - Offer is sent to several persons who are consumers of a certain group of goods. Such an offer is always aimed at selling, but to study demand in a specific market segment. An example is the newsletter from the Internet provider to its customers with information on new additional services and tariff plans.

2. Public - for a wide range of persons (but a little later).

3. Solid. Here the proposal is sent to a specific citizen who has every chance of becoming a customer of the Seller-Propient. Example - mailing to depositors of information on preferential lending programs for existing bank customers.

4. Refurbished. Directed on anyone who wishes to conclude a contract. The offer at the same time cannot cancel the proposal made by them, i.e. to withdraw it. This type of offer is most often occurring in the sphere of applying securities. Example: A large company that has released shares suggested buying out these securities from their shareholders.

In the form of the offer may be oral or written.

Public offer

What is Public Offer? This proposal to conclude a contract, which is addressed to an uncertain circle of persons. Moreover, the number of such recipients is also unknown in advance.

The easiest example of this type of offer is an ordinary price tag in any store. The store represented by his director and sellers offers you to buy goods for the price specified in the price tag, and can not refuse you if you consent to purchase this product. You say you want to buy it and give cashier money, i.e. Make an acceptance (accept the offer), and at the same time becoming an acceptance.

An important condition of the public offer - anyone can take advantage of the proposal.

The word "public" speaks about many things. For example, that such proposals are distributed, as a rule, through sources with a wide range of users - media, Internet resources, printed publications, etc.

Public offer can be expressed not only orally or writing, but also in specific actions of the seller. There is a display of goods on display shows, distribution of catalogs, various demonstrations and tastings and even the restaurant menu. All these actions will be considered an offer even if the merchant does not specify the price of the goods.

Another example of a public offer is the information posted on the web page of the online store:

• assortment of goods;
• their cost;
• terms of delivery and payment;
• warranties of the seller.

But if only a certain population segment can be used in the disseminated information that only a certain segment of the population or the same online store will not specify the order of delivery or the range of its guarantees, then such a proposal will not be considered a public offer. This is only a call for cooperation and no more. Thus, the public offer is only if the supply of goods or services contains significant conditions! (Art. 437 of the Civil Code of the Russian Federation)

The phrase "is not a public offer" - what does this mean?

Strictly speaking, advertising, if only it does not contain specific conditions for the sale of goods or services, do not recognize the offer. This is understandable, because the main goal of any advertising is beneficial to present your product and eclipse competitors. Therefore, sometimes (and, or rather, often) in advertising prospects is silent about the true conditions of the transaction. For example, "famous" loans under 0%, which, in fact, are not such in most cases (why do you read).

In some advertising prospects and on banners you can meet the phrase "Prices are not a public offer." What does it mean? Everything is simple - the seller simply leaves himself a retreat. Any advertiser is unprofitable that his advertising is classified as an offer, because in this case it is obliged to sell the goods exclusively at the stated value and declared characteristics. Therefore, advertising is unequivocally indicated that this proposal is not a public office or reservations are made. For example, in advertising machines it may be agreed that this offer is available only in a certain configuration.

As a rule, advertising is an invitation to the offer, but again add, if there is essential conditions in it, it is a public offer, i.e. The seller advertising goods is obliged to sell it on the conditions specified in the advertising. Otherwise, he will have problems with the law, simply speaking, it can be sufficient for unfair advertising. By the way, according to Art. 11 of the Federal Law "On Advertising" if advertising is recognized in accordance with the Civil Code of the Russian Federation an offer, then such an offer is valid for two months from the date of the distribution of advertising, provided that it does not specify a different period.

Thus, the offer is an invitation to cooperate, which entails the conclusion of the relevant contract or agreement. As this agreement will be concluded - orally or in writing - it does not matter. And if you are trying to sell the product at a cost of the store in the cost of the price tag, know that this is a violation of the Public Offer Agreement and is punishable by law.

Offer is a proposal to conclude an agreement on the supply of goods or the provision of certain services. The offer is made in writing. It can be directed to one or several persons. In the offer, the terms of delivery of the goods or service provision, as well as the same time and other information, which is capable of attracting the buyer's attention should be set out.

Offer usually precedes a contract if the law requires. In other cases, the offer itself can serve as a contract. The offer of offer may accept consent to the proposal, then consent is issued in writing.

He may, accepting a proposal, send a controlher to the Supplier address, i.e., their suggestions for delivery, timing and conditions. In this case, the parties or coordinate the conditions or refuse to make a transaction.

In addition, the buyer may simply be silent by receiving an offer. This means that the possible buyer is not interested in the transaction and through the time established by law, the Supplier may send its proposals (offer) to another possible buyer.

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

There is also such a form of offer as Public Offer.

Public Offer - What is it?

The public offer is considered suggestions for the supply, sale or provision of certain services, directed by persons whose number is not defined and not specified.

That is, the buyer in this case may be any person who responded to the offer. An example of a public offer can serve as an advertisement that contains the terms of the Supplier, the delivery time, prices and proposal to enter into an agreement in one form or another.

Sometimes the seller specifically says in his advertising 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 discuss the transaction. Also, the seller reserves the opportunity to change the terms of the transaction if their observance will be unprofitable for him.

Example

As an example of a public offer, we give the offer of the online store. Actually, it does not differ special from generally accepted contracts for the sale and supply of certain goods.

The difference lies in the fact that the seller in the introductory part directly indicates that this agreement is both the contract, and the offer., Also that it is sent to any individuals: both individuals and legal entities, without a specific instruction to whom .

This is followed by standard chapters and points that talk about conditions and shipments, prices, responsibility of the parties, force majeure circumstances, special conditions, etc. If the buyer makes an order, this means that he agrees with the terms of the offer.

Are the prices of a public offer?

This question arises very often. Let's try to answer it. Prices for certain goods are one of the terms of the Offer Agreement. By themselves prices are not a public offer. The cost of the goods, indicated on the price tags in retail stores or online stores is only an advertisement, inviting to the transaction or conclusion of the contract.

Public Offer on the site

Public offer, posted on a particular site, is nothing more than a proposal to conclude a contract, for example, for the supply or committing certain actions or a person who published an offer or joint action.

Such contracts include both contracts for sale and joint activities. Consent with the proposed offer can be expressed by registration on the site of the person who offered the offer, ordering a product.

Violation of public offer

As a person who offered his offer and the person who accepted it, enter certain contractual relations. These relationships can be, as decorated with a contract, and remain fastened by the offer.

In violation of any of the parties to its contractual obligations, responsibilities are responsible as part of the Civil Code of the Russian Federation. Unless, of course, in the actions of the parties, violating the contract, there is no intent on a crime.

Discussion (7)

Indeed, we often meet in everyday life. In newspapers, magazines, other announcements that publicly inform an indefinite circle of physically and legal entities on the conditions for selling one or another products, issuing loans under certain conditions, the order and sequence of concluding contracts. As a rule, the terms of the offer are mandatory for persons who announced publicly offer.

Most fraudsters who create lures sites today are based on a public offer provisions. At the same time, a person subscribing to the newsletter and subsequent purchase usually do not prevent that he concludes a contract.

Offer for an ordinary person a word is not familiar, but everyone in it sooner or later participates. One of the types of offer is irrevocable, in which he obliges the Properient to conclude an agreement on the specified conditions without the possibility of refusing to be denied by all the responding counterparties. Therefore, such proposals are not public and are used for a limited circle of persons.

From the article "By itself, prices are not a public offer."
But here I do not agree if you go to the retail store, then according to the law, on its essence, the price tags are "public offer", as they oblige to sell goods on these conditions. And the law is directly spelled out what will be with the seller who will refuse to fulfill this "public offer". But on this topic, you can argue for a long time.

Offer for an ordinary person, the word is not clear, but nevertheless, every person in such a deal sooner or later participates. For example, who did not receive letters from banks with a credit card attachment? Probably good half of the population. This is an offer, the letter is also indicated and the procedure for calculating and the interest rate and other necessary conditions of the contract between the Bank and a potential lending person. And the contrifer is generally interesting thing. In 2013, a man has changed the conditions for issuing a loan that the bank should have a large amount. Since then, banks have somehow embarrassed and still try to communicate personally with customers.

Regarding the contafert was a funny situation in our organization. As part of attempts to conclude a contract for rent, the special equipment shut off with a potential contractor with a potential contractor during a short month, a total of before the acceptance occurred, the document was edited six times. As a result, the contract, of course concluded.
But if seriously, it is not told about another pros of offer. The so-called irrevocable offer, which obliges the offer to conclude an agreement on the specified conditions with all without exception by responding counterparties without failure. Therefore, such proposals are not public and are used, mainly in the sphere of proposals for redemption or the full repayment of shares / bonds of the enterprise (for a limited circle of persons). Even there is a special type of bond with an offer. In this case, it is used for not market regulation of the level of profitability of the security.
In general, any offer is a sort of test stone, a pioneer of the contractual process, which allows you to monitor the target group at the same time without imposing special obligations on the offer version (if it is, of course, not irrevocable document), whose popularity is growing.

In almost every commercial enterprise, sales contracts are used. Of course, to conclude a certain agreement with the buyer, it is necessary to offer him mutually beneficial cooperation. In particular, for this purpose and serves the offer, the correct compilation of which plays a significant role in the positive decision of the counterparty to enter into an agreement.

Offer to conclude an agreement important details

Offer can be framed both in oral and writing. There is also a public form of a document when samples of goods are exhibited in places of its implementation. Before proceeding to drawing up a document, it is necessary to thoroughly think over all the details and to draw them in the form of a preliminary agreement on which the offer will be drawn up.

Offer can be expressed in shape:

• an expanded draft contract, which contains all the details of possible cooperation;
• letters where the proposal on the conduct of activities on the advanced conditions is expressed. It may be directed both at the initiative of the offer, that is, the persons protruding with the offer and the opposite side;
• messages in which only the most necessary conditions of the transaction are indicated.

If we are talking about a letter of letter (), the offer is usually drawn up on a special application forms.

The following is followed by the following:

• document cap. In the upper right corner, information about the disposal, its posts or the name of the organization are indicated. For example: Leader of Endurn LLC Ivanov Alexey Ivanovich. Below to the left, you must put the date the outgoing number of the document. If the offer is a response to whose suggestion of joint activities, the details of the incoming letter are indicated.
• Then follows the title and the main text where a commercial offer is expressed to conclude an agreement according to certain conditions. This is important information, the content of which may affect further cooperation. It usually indicates the name of the product, the number according to GOST, the cost. In addition, the terms of delivery are negotiated, exporting goods using a vehicle one of the parties. An important meaning is the designation of the conditions and method of making payment. This may be the possibility of prepayment by cashless / cash calculation or deferred payment for a longer period.
• The last paragraph of the Address can express a request for sending a return proposal to a specific date.

Signs the offer-offer manager of the enterprise.

A proposal is sent using the post office services or by fax.

Project of the Offer agreement, how to make it

The conclusion of the Agreement of the Offer is carried out in accordance with the procedure established at the legislative level. This procedure is provided if participants do not have the opportunity to meet in one place to sign the contractual agreement.

Offer implies the implementation of the following actions:

• one side of the process puts forward a proposal for certain conditions;
• the second party has the right to express its consent or reject the proposal by pre-sending its recommendations on the extended conditions.

In terms of its nature, the compilation of the Agreement of the Offer () reminds the preparation of a conventional document of the Agreement of Parties on a contractual basis.

His distinguishing features are:

• concreteness;
• mandatory reference to current legislation regarding the interaction of Parties;
• mandatory information about the subject, price of the contract and the procedure for calculating, transfer of goods and adopting it to property.

When you canolate a document, you can use the following possible names:

• Contract of sale;
• Sentence;
• Public offer;
• Conditions / rules for sale;
• other.

According to the Civil Code, the contract should be interpreted on the basis of its content, and not the name. Therefore, the document can be called at your own discretion. The main thing is that the content will ensure the relevant regulatory acts and the goals.

It is recommended when drawing up a contract, do not miss the point on terms and definitions to avoid a two-way interpretation of certain points. Especially if we are talking about a specific product or a complex system work with the buyer. Here traditionally indicate such concepts as "goods / order", "buyer / seller", "a person who delivers delivery", "Rules for sale".

In the section on the subject of the Treaty, it should be specified directly, to which agreement came both sides. For example, the seller carries out the transfer of the goods, and the buyer accepts it and pays according to the terms of the current treaty. The item "Adoption of the Offer" can correctly look like this: the acceptance of this agreement can be considered the registration by the buyer of the order for the goods, according to the terms of this offer.

It is considered incorrect when it is indicated that the order is formed on the basis of information received by phone, email or fax.

Return rules, as a rule, can be prescribed differently. The buyer has the right to refuse products to / during / after the transfer of goods over a certain amount of time. This also indicates a refund method (): postal or bank transfer. If the return to a certain extract point is made in cash, the prerequisite is the presence of a passport, as well as filled with a sample of the appropriate application.

According to the legislation, the goods return rule also acts for the remote form of cooperation. Therefore, it would be wrong here to indicate that the product is not subject to exchange and return.

Delivery of goods

Important item - delivery of goods. It can be formulated like this: the delivery of goods to the buyer is carried out according to the terms that are orally agreed by the parties in confirmation of the order by the seller or his employee and the conditions that are set out in the sales rules. Or another option. The terms of delivery of goods, namely, its term and cost can be installed by the seller and are set out to the buyer with the help of the site. Such writing takes place when it comes to the online store.
It can also be indicated that the client confirms the lack of claims to the configuration, quantity and appearance of products when it puts its signature opposite those points of the goods that he acquired himself.

As mentioned above, in the item on the procedure for payment of the goods, its method of implementation is indicated: with the help of a bank card or translation, cash with a personal meeting with the buyer, electronic monetary system. The document also negotiates the rights and obligations of the parties, their responsibility, the procedure for resolving controversial issues, force majeure circumstances, other provisions, put signatures of the parties.

Offer, Offer ... And what is it? Many people listening to the radio or reading magazines face this word. But far from everyone understands its meaning. And therefore, you are invited to your attention, a detailed manner telling about the essence of the offer, its types, competent design, as well as what is for the non-fulfillment of the items specified in this document.

Offer - What is this "Beast"? Simple words

To speak quite simple, the offer is a contract of sale. But the contract is not quite usual. In the offer, unlike the contract, only the most significant conditions for its conclusion are prescribed unilaterally. Then the contract bears highly complete information about the services provided or the goods offered and is both parties.

However, if in Russia and European countries, the essential conditions of the offer are prescribed at mandatory, then the Anglo-American right states that if the consumer has a clear idea of \u200b\u200bthe conditions of the transaction, then on paper these conditions may not be reflected.

Another feature of such a contract is that it comes into force immediately after the consumer's consent is obtained, his acceptance. In the same English-American right there is a secret "Mailbox rule". It lies in the following: Offer can be considered concluded when consent is omitted directly into the mailbox of who submitted this offer.

By the way, the silence, which is considered for the sign of the consent, in the case of the conclusion of the offer is not considered consent. That is, if the document itself is submitted in writing, then the consent must be decorated accordingly. However, due to the fact that in different countries there are slightly different traditions and laws, most often the offer is clearly indicated during which the contract of this type can be concluded.

How to make an offer?

Naturally, there are generally accepted rules for the compilation of offers prescribed in the legislative framework. They are guided by all individuals and legal entities that make up the contract of this type.

• Immediately before composing the offer, you need to thoroughly consider all the conditions. Better to start to make a draft, it is necessary to put the necessary marks on it, and then just start.
• In general, according to the type of offers, the offer is written and oral. When using the first option, the offer can be represented both on the company's branded form and in an arbitrary form. It is very often done like this: a blank paper / form is taken, the addressee is indicated in the upper right corner, and at the bottom of the sheet, in the center, write - "Offer".
• Next is written, actually, the commercial offer itself.
• Then, which is a very important point, the terms of the contract are indicated. It is from them in the end and the result depends. If it is any service, then it is necessary to describe its advantages and then why it is needed by the person who is offered to the offer. If this is a product, then it is necessarily indicated by its name (better according to GOST) and the main characteristics.
• After everything written in the document is prescribed conditions for the provision of services / delivery of goods and payment methods - non-cash or cash.

Main types of Offer

Many believe that the offer is only public. This comes from very frequent use in the media of the phrase "is not a public offer." On this basis of the contract, it will be a little later. People close to business and sales allocate three more types of offer:

Several words would like to say about the irrevocable offer, more precisely, the issuers are used. This is done in order to enable the shareholder to pay off the value of the security acquired by him.

With the help of irritable offer, by the way, the Issuer, and the shareholder can monitor the value of the shares and possible risks - interest and credit, respectively. The date of the bond offer is negotiated at the initial stage and then does not change. The cost of the bond and the order of its repurchase is determined by the investor and the issuer.

Rules of public offer

Public offer is significantly different from the previous ones. It can be detected from the flow of documents for three main features:

• in the offer of this type, all essential conditions are included in the obligatory manner;
• persons interested in concluding such a contract should understand what responsibility are taken;
• a person signed by the offer fully agrees with all its terms, without discussing them.

What does not apply to a public offer?

In the legislation of almost all countries, advertising of any products and services is not considered a public offer, since it does not contain specific proposals. In the case, if any, this advertisement is recognized as an offer and, according to the legislation, operates for two months from the date of its creation (however, the advertiser itself can establish any validity of the offer). With such a statement of the issue of this type, it can be concluded, but all responsibility for its execution lies with the advertiser / seller.

Once again about acceptance

As already mentioned, the acceptance is called the consent of the potential buyer of goods / services. The acceptance can be represented both on paper and orally. Also, any actions from the buyer of goods / services, partially responsible to the terms of the offer, are also considered an acceptance.

But legally offer can be concluded when performing the parties to all points of offer in full. As for any seals and stamps, they are affixed only at the request of the parties.

What do violations of the public offer?

In general, any offer, including public, is interpreted by the legislation of different countries as a legal document. And therefore, for violation or any failure to comply with the conditions specified in the Public Offer, it is subject to rather severe sanctions.

Violation of the offer can be a banal overestimation of the cost of goods. That is, if the goods are taken in the commercial premises at one price, and a check with a completely different price is made at the checkout, the buyer has the right to contact the store administration in order to resolve the situation.

In this case, the probability of selling goods at the initial cost is very high.

If the management of the store "did not grumble", then there is an option to declare a violation by making an appropriate entry in the book of complaints and suggestions. In principle, you can go even further: take a photo of the price tag with the declared price, to attach a cash check with it with the statement of violation of the trade rules and send it all to Rospotrebnadzor.

But, as a rule, it does not reach so cardinal measures: the administration goes towards meets, and the goods are sold at the initial price. With expensive goods, the situation is a bit more difficult. Here it is possible to walk to court. In most cases, themis representatives rose to the side of the consumer and satisfy the claim. Here, the deceived buyer wins doubly: not only that he returned to the value difference of goods, so also reimburse moral damage in the material equivalent.

Conclusion

So, with the knowledge of the signs and rules of the public offer, you can always defend your rights to any organization. By the way, it happens that the persons who violated the contract of public offer, begin to "download the right" and threaten. If such happens, then only from powerlessness: the stratum party understands that it is not right, and it is started "in all serious". This does not need to be afraid: the law in any case will be on your side, because the main trade rule and the provision of services is that the client is always right.

Except, of course, those cases, if any conditions in favor of the seller of goods / services are clearly spelled out in the contract of offer.

In contact with

We very often hear the words "Offer", "Public Offer", "is not a public offer", but we do not always understand their meaning. In fact, these concepts are not so far from us. Imagine the situation: the guy offers the girl "hand and heart" and makes her an official proposal to marry him. But he said it is not a joke between the case, but in compliance with all the customs and traditions. The girl has time to think that he will answer, but the guy can no longer refuse his words, he accepted certain obligations, he can no longer. This can be called an offer, only this concept is more often applied to business relationships, and not personal. The legal concept of the offer is contained in the Civil Code of the Russian Federation. This offer of the offer of the offer (some person) to the Accessant (a certain person, a limited or unlimited circle of persons) to conclude a transaction (agreement) with an indication of all the conditions necessary for this. ( )

Public offer

« And what then is this public offer? " - you ask. Legal definition of public offer is also enshrined in the Civil Code. According to Public offer is the proposal of goods in its advertising, catalogs and descriptions addressed to an undefined circle of persons if it contains all the essential conditions of the contract of retail sales. From this definition, we can allocate two features inherent in public offer:

Public offer should be addressed to an uncertain circle of persons;

It contains the main terms of the contract and the intention is expressed to conclude an agreement with each who will respond to the offer.

Let us give an example. The Internet provider makes a mass distribution with a proposal to provide its services, while pointing out all the main conditions of the future transaction in this newsletter (tariffs, discounts, speed, circulation in case of malfunctions, etc.). In this case, such a proposal will be considered a public offer. It is obliged in any case to enter into a contractual relationship and provide the Internet services described in the mailing list to all responding to the offer.

Public Offer in retail sales and sale

On the other hand, if the goods are exhibited on the shelves, showcases, it is recognized as a public offer regardless of the price and other essential conditions for the retail sales contract, after the only exception when the seller definitely determined that the goods are not subject to sale. It is worth mentioning another essential condition: a public offer can only be called a proposal, which at a particular point in time can be accepted only by one person. For example, selling beverages through automata. If the machine is turned on and filled with a product, then there is a public offer, and if suddenly the queue has been formed to the machine or the goods ended, then the offer is temporarily removed and must pass a certain time that the buyer should have been waited before the offer will be resumed. It is for this reason that the Civil Code considers advertising and other proposals addressed to an uncertain circle of persons only as an invitation to the offer. From this rule there is an exception. It concerns the contract of retail sale. The offer of goods in the catalog, advertising addressed to an uncertain circle of persons is recognized as a public offer, but only on condition that they contain all the essential terms of the contract. ( ). From this we can conclude that in this field a public offer can also be considered a proposal to conclude a contract that can be accepted by an indefinite circle of persons. It may happen that the seller will not have the right amount of goods, and he will not be able to fulfill many prisoners of transactions, in this case it will incur losses that will be associated with the compensation of losses to the buyer.

Confusion in concepts

Unfortunately, many confuse a public offer with advertising. These are different things. Advertising and similar suggestions are not a public offer. It does not contain usually certain conditions so that the transaction is concluded. She has a somewhat different goal - to present his goods in a more advantageous light than competitors. Some write on advertising booklets about the product that this offer does not constitute a public offer,but, by and large, in this case, this proposal does not bear any semantic load. The same can be said about various offers on sites. The information on the site is also not a public offer,since often on sites, specific conditions are not specified, for example, concerning the cost of products, the timing of the goods transfer, etc., only a general description of the goods and its characteristics appeal to the client come to the store and conclude a real deal.

Public Offer Agreement

The conclusion of the Public Offer Agreement has a certain order. At first, one of the parties sends the second party to conclude a contract, and the second party, in turn, accepts this proposal (accepts). In order for the contract to be imprisoned, a unconditional acceptance is required, in the case when they accept the offer with reservations it is believed that the Acceptance sends a counterfeit offer and the latter can accept it, and then the contract will be concluded either again to send its conditions. (