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

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

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

Therefore, we are talking about a transaction in which 2 parties participate:

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

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

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

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

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

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

Offer and contract

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

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

Examples of offers from everyday life

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

Offer in the store

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

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

The price tag is a guarantee that all information provided about the product is reliable. Ideally, the reverse side should bear the store’s seal and the signature of the person in charge, since the price tag is not just paper, but a full-fledged legal document.

Offer in advertising offers and product catalogs

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

Loan agreement with the bank

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

Types of offer

The most famous type of offer is public. However, along with it there are several other, less common types:

• hard;
• irrevocable;
• free.

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

Public offer

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

A public offer is characterized by several features:

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

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

Firm offer

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

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

Irrevocable offer

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

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

Free offer

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

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

How to make an offer

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

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

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

And much more.

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

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

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

What is an offer and its differences from a contract?

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

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

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

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

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

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

In simple words about offerors and acceptances

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

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

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

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

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

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

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

How to understand that this is an offer?

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

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

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

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

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

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

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

Public offer and its other varieties

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

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

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

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

I hope this post was helpful to you...

Good luck to you! See you soon on the pages of the blog site

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Public offer represents an offer to enter into contractual relations addressed to a wide range of persons. About what relates to public offer and what actions offer are not considered, will be discussed in this article.

Definition of offer: how to say it in simple words

Offer By Civil Code of the Russian Federation is defined as an offer to complete a transaction addressed to one or more persons (individuals or legal entities). Depending on the type of contract proposed for conclusion, the offer can be ordinary and public.

What is it - a public offer - in simple words? This is an offer made to an unlimited and at the same time indefinite number of addressees. Anyone can accept such an offer. Form offers coincides with the form of the transaction being made, that is, it is possible both orally and in writing.

In commercial practice offer often represents a draft agreement sent by an interested party to a potential counterparty. Sometimes they say that this is an offer agreement. However, it can also be in the form business letter- in this case, the draft agreement is developed by the parties after reaching agreement on all points. Example of an offer in everyday life there may be, for example, an appeal from the owner of a summer cottage to a neighbor regarding the sale of surplus vegetables. Or contacting a friend with an offer to give away an item for temporary use (baby stroller, sled, etc.).

What legal requirements must be met? offer? Let us list the main provisions about the offer of the Civil Code of the Russian Federation:

• offer is of a certain nature and clearly expresses the intention of the offeror (initiator of contractual relations) to conclude a transaction;
• sent to one or several entities at once;
• denotes all the essential terms of the future agreement (i.e. those without which this type transactions cannot be formalized): for example, for a sales agreement, the condition of the sale of the object will be essential, and for a contract agreement - the conditions of the work performed and the indication of the deadline for its completion;
• offer received by the addressee cannot be recalled during the period of time provided for giving a response to it (however, in the most offer the admissibility of its revocation may be stipulated).

If the subject who received offer, she is completely satisfied, he can accept it (for example, sign the received draft agreement, send a response letter of consent to formalize the transaction, actually begin execution of the agreement). Silence does not equate to acceptance GK offers RF. According to the code, acceptance is required to conclude a contract, but the opposite practice is also found among entrepreneurs.

How to prepare an offer?

A written proposal to conclude a transaction is sent both at the initiative of the offeror himself and in response to a request from the other party. It may be in the form:

• a detailed draft agreement, which contains even minor details;
• a letter containing the most important conditions under which cooperation is possible;
• a message that indicates only the essential terms of a future transaction.

A business letter with a proposal to formalize a transaction includes the following components:

• a header containing the addressee's details;
• outgoing number and date;
• details of the letter to which the response is given (if offer sent in response to someone’s question about the possibility of cooperation);
• title;
• appeal (if the document is addressed personally to the manager);
• body offers(this part of the document lists the conditions under which the author of the letter agrees to execute the contract);
• signature of the sender indicating his full name and position.

For information sample offer posted on this page.

Sample offer letters to conclude contracts for the provision of services and supplies

Proposal to conclude a service agreement (form)

offer)

______________________________________________

(name of company)

" "___________ 20__ No. ____

On concluding a service agreement

We invite you to enter into a service agreement

___________________________________________________________________

under the following conditions:

1) __________________________________________________________________;

2) __________________________________________________________________;

3) __________________________________________________________________.

We are waiting for your response until “___” _______________ 20 __.

Don't know your rights?

Offer for supply of products (form)

______________________________________________

(position of the addressee - who is intended offer)

______________________________________________

(name of company)

" "___________ 20__ No. ____

on No. ________ dated ""___________ 20__

About product delivery

Thank you for your request dated " "_________ 20__ and we inform you that we can offer you _____________________________ in the quantity of _______________.

(Name of product)

Quality: _______________.

Package: _______________.

Price: _______________.

Delivery time: _______________.

Terms of payment: _______________.

This offer is valid until " "_________ 20__.

Sincerely, __________________________________________________________

(position, signature and full name of the addressee)

(Name of organization, seal)

In what cases is a public offer used to conclude a contract?

A special type of this document is public offer. This term refers to an offer to conclude a transaction addressed to an indefinite number of subjects. The law names the following signs public offer:

• contains the essential terms of the expected transaction;
• from its text it is obvious that any person who applies can enter into a contractual relationship.

If an advertisement for the sale of goods or the provision of services directly states that it concerns only certain categories of citizens, then such a message public offer doesn't count.

It should be noted that public offer can be presented not only in written or oral form, but also in the form of certain actions. So, displaying goods in trading floor, on display cases and counters, the placement of product catalogs or descriptions in a store is also considered a public offer to buy these items at retail. The named actions are offer even in cases where the seller has not indicated the price of the product offered.

An example of a public offer to conclude a contract is information posted on the website of an online store:

• about the assortment;
• product prices;
• terms and procedure of payment and delivery;
• guarantees and responsibility of the store.

Sometimes such information expressly reflects that it is offer.

Why do advertisements include the note “not a public offer”?

The law says that general rule advertising offer is not recognized. This is quite logical, because the purpose of advertising is to present goods and services in a favorable light, and not to convey to consumers all the conditions for their purchase.

However, if the text of the advertisement includes all the essential terms of the future contract, then the advertisement is considered offer. And if such an advertising offer is designed for all persons who responded, then it is public offer.

Offer obliges the person who made it to enter into an agreement precisely on the conditions that were specified in it. For example, if we are talking about selling a refrigerator of a certain model at a price of 15 thousand rubles, then it can no longer be put up for sale at a different price. Therefore, advertisers, as a rule, are not interested in the advertising they distribute having signs offers.

In this regard, the phrase “ is not public offer”—in this way, advertisers expect to leave themselves an escape route. In fact, adding this note does not play a significant role, since the legislator does not give the right, even with the help of such a clause, to turn advertising, which is offer, into advertising that is not such.