Offer. Public offer. Concept and examples. Public offer what is it in simple words

The word "offer", sometimes found on various Internet sites or in the press, makes us think for a moment about its meaning, then something distracts us, and we forget about it. Let's understand once and for all what it is in simple words.

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

This term is derived from the Latin "offero", which means "I offer", so the correct spelling of this word is "offer".

Offer - what is it?

This is the name of the offer to conclude a contract. This is a written or oral offer of cooperation, which contains a list of conditions that are then prescribed in the bilateral agreements concluded or observed when concluding transactions. The official definition of this term is spelled out in Art. 435 of the Civil Code of the Russian Federation.

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

Offer types

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

• free;
• hard;
• irrevocable;
• public.

Free

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

Solid

A firm offer is called an offer, in which a proposal for cooperation is prescribed with clear conditions for the transaction. It always indicates certain periods during which the seller binds himself with an obligation. It is always directed to a specific person.

irrevocable

An irrevocable offer is typical for the banking environment and the sphere of circulation of securities. As the name suggests, it does not have the ability to recall at all. It is commonly used by issuing companies that offer shareholder buybacks.

public

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

Public offer - what is it in simple words?

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

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

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

If the advertisement stipulates prices and clear terms of cooperation, then it is a public offer. This means that if the seller does not sell the goods exactly on the conditions specified in such an advertisement, then he will face problems with the law. The inscription “Not a public offer” allows overly cautious or unscrupulous advertisers to avoid many troubles.

What should the offer contain?

As mentioned above, the offer must contain certain clear conditions for concluding a contract or making a transaction that the offeror offers to the acceptor, and also have such features as completeness of information (all aspects of the future transaction must be indicated in it) and targeting (it is drawn up for a specific person or for a certain group of people).

Important: the offer must contain an unambiguously interpreted intention of the offeror to conclude an agreement or make a deal with the acceptor.

Offer and acceptance

The offer reflects the will of one of the parties who wants to conclude an agreement or deal. During the period indicated in it, the acceptor must either accept the offer or reject it. In case of full agreement with the proposed conditions, the acceptor must respond with an acceptance. If there is no answer with consent, it means refusal.

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

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

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

Offer validity period

The offer may or may not indicate the time for receipt of acceptance. If it is specified and the possibility of withdrawal is not provided, then it is not possible to do this before the expiration of the acceptance period. If the term is specified, but the possibility of withdrawal is stipulated, then, if necessary, the offeror has the right to withdraw it. If no time period is specified, it shall be valid for the period of time established by laws or legal acts, which is considered normal for obtaining acceptance of such an offer.

Offer - examples for review

The offer may be:

• a letter with an offer from one entrepreneur to another to purchase a consignment of goods with a clear indication of the price, terms of payment and delivery time (acceptance in this case will be a letter or a phone call in which agreement with the proposed conditions will be expressed);
• an invoice, in which, in addition to the name of the goods, its cost and quantity, the terms of payment and delivery, as well as the terms of shipment of the goods are prescribed (by sending an invoice-offer, the offeror makes an offer to the acceptor, and if the acceptor pays for it, this means that he fully agrees with the terms of the transaction specified in the invoice);
• the range of goods published on the site, the cost, terms of delivery and payment (but if it is indicated that the offer can only be used by a certain circle of people or the online store does not describe the delivery procedure and the seller's guarantee, then such an offer is not considered an offer).

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Offer - a proposal to conclude an agreement or a transaction. Depending on who it is intended for, there are several types. If the acceptor accepts the terms of the offer, then the contract with him must be concluded on the terms proposed earlier.

In contact with

Quite often, in advertisements on TV or on the Internet, you can hear the words “is 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 law, it is defined as follows: an offer that is sent to 1 person or a group of persons. At the same time, such an offer contains some initial conditions of the contract, and if a citizen accepts the offer, it is considered that he has concluded such an agreement.

Thus, in simple words, an offer is an offer of certain conditions from the seller to the buyer (goods or services), which is sent in writing or orally. When the buyer purchases the goods, he accepts the offer, and hence all the terms of this contract.

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

• the offeror is the seller himself, represented by a firm, a company and any other legal entity, as well as an individual entrepreneur or a 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 consent of the buyer with the terms of the offer is called acceptance - it is he who gives it 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 a proposal to conclude it on certain conditions. When the addressee accepts the offer, it means that he agrees to these conditions. In this case, each side receives its own advantages:

1. The seller receives a guarantee that the buyer has accepted the offer by giving him prior consent to the terms of the contract.
2. The buyer receives a guarantee that during the entire period of validity of the offer, the seller will no longer be able to change the terms of his offer: price, conditions of the promotion, 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 from itself.

There are several types of offer, 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 an offer always reflects the intention of the parties to conclude a contract;
• 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 for the final decision (during this time the seller is not entitled to withdraw the offer of goods);
• the offer always has a targeting - it is directed to a specific circle of individuals or legal entities.

Offer and contract

All of the above conditions allow you to see many similarities between the offer and any contract 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 conclude an agreement on certain conditions and within a specific period of time; and any contract is an agreement that the parties are signing at the moment.

NOTE. Often, when making a purchase of an expensive product (for example, household appliances, telephones, cars, etc.), the buyer signs several documents without looking. Some of them may contain the word "offer". This should be understood in such a way that when signing, the citizen has already agreed to the terms of the future contract, so you should carefully watch what exactly you are signing.

Examples of offers from everyday life

Any 2 citizens, firms, public associations can send an offer and accept it - 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 the store and purchasing goods, you give the seller your consent in advance to the terms of the contract of sale, which is supposed to be concluded between you. Legally, this consent is expressed in the fact that you are purchasing a product of the established quality, weight, volume at a certain price.

That is why if at the checkout it turns out that the price in the check does not match 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 from the price tag. Otherwise, the seller violates his offer.

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

Offer in promotional offers and product catalogs

Another example is catalogs with products, as well as advertisements that contain a clause that the specified promotion is related to the offer. A special clause may also be given, stating that the promotional offer does not apply to the offer. There are also cases of making a remark that the offer is relevant only if the goods are available. Sellers thus insure themselves against undesirable consequences.

Loan agreement with a bank

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

Varieties of the offer

The most well-known 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 those to whom they are addressed, as well as in the specifics of their implementation in practice.

Public offer

The name of this proposal explains its essence: it 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 verbally, and the buyer does not have to sign additional documents in order 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 web, on television, catalogs and in ordinary stores.

1. As an offer - i.e. with a guarantee of the 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, which can also be an individual or a legal entity. This type of agreement is called firm, since a number of specific conditions are met:

• the offer specifies a specific product or service;
• the duration of the offer is always agreed in advance;
• if the buyer has agreed, then the transaction is considered automatically completed - i.e. The sales contract is no longer signed.

Irrevocable offer

In many cases, the offeror can withdraw his offer exactly as long as the buyer has not accepted it. Those. before the purchase is made, the seller can 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 irrevocable.

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 purchase the company to commercial partners. Such an offer is valid indefinitely - until the company is bought.

Free offer

Such an offer is very common in cases where a company enters a new market for it (or a new region of presence). Wishing 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. By the number of responses, the seller judges the possibilities of the market.

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

How to make an offer

A written offer essentially represents a seller's offer to a potential buyer. However, the offer has the legal force of the 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 supposed to be sold (name, characteristics, quantity, cost, etc.).
2. Methods of concluding a deal (signing a contract).
3. Ways to transfer funds for the purchase, indicating the relevant contacts and details of the seller (cash, non-cash).
4. Liability for possible violation of the offer.

The form can be compiled independently, since there is no unified form.

Violation and termination of the offer

Like any agreement, the offer may be terminated early. Legal termination (which does not entail legal consequences) is possible only in 2 cases:

1. The seller withdrew the offer until the buyer took advantage of it.
2. The buyer did not take advantage of the offer, and its validity expired.

In other cases, termination of the offer, as well as a change in its essential conditions, is a violation.

Therefore, when signing any documents, it is important to pay attention to the following points:

1. Whether there is an indication of a public offer or not.
2. What are the terms of the offer.
3. What are the terms of the contract, which will be considered concluded after the acceptance of the offer.

Detailed comments on the public offer can be seen here.

An offer is a preliminary stage of concluding a contract.

Offer agreement: examples and sample, offeror and acceptor, public offer

An offer is a definition

Offer-this is a preliminary stage of concluding any agreement, this is a clearly stated intention to conclude concessions. Offer- this is a very specific intention addressed to a specific person or group of persons, containing a clear readiness to conclude treaty and specifying the necessary conditions for its signing.

Offer -this is pre-deal official sentence to conclude this, the offer preliminarily describes all the conditions for concluding the contract.

Offer-this is sentence(written or oral) of one person to another specific person or persons to conclude a civil law contract.

Offer -this is written by the seller, sent to a potential buyer, about the sale of a political batch of a product with a list of certain seller conditions.

Offer (Offer) is

What is an offer?

Offer is an offer to make a deal or conclude an agreement. The most famous example of an offer is sending letters to the home addresses of potential customers with a proposal to activate a credit card of a bank. This is the offer. It meets all the requirements of Article 435 of the Civil Code of the Russian Federation. That is, the letter is addressed to one or more specific persons, quite definitely indicates the purpose, expresses the intention to conclude an agreement with the addressee, and contains almost all the essential terms of the proposed agreement.

Offer (Offer) is

The addressee who received it may react differently to such a letter. One person will be happy to sign a contract with bank, and the other one will grin and throw it in the trash can. Both will be absolutely right, since the offer entails liability only for jar who sent this letter. has no right to refuse to provide a credit card to a person even if the addressee provides a passport and a written offer, but does not confirm his income. But the offer does not entail the obligation for the bank to conclude an agreement if he managed to send another letter with a notice of the withdrawal of the offer. If an additional letter is received by the addressee earlier or simultaneously with the offer itself, then it has the right to refuse the person to provide his services.

Offer (Offer) is

The form of the offer can be very different: letter, telegram, fax, etc. A draft of such an agreement developed by the party proposing to conclude an agreement can also serve as an offer. At its core, an offer is not just a proposal, but a proposal that distinguishes a number of individualizing features and which entails legal consequences established by law both for the person from whom it comes (offer) and for the addressee (acceptor). Since the consequences in question are very significant for both - the offeror and the acceptor, very strict requirements are imposed on the offer. If they are not observed, no legal consequences follow from it.

Offer types

In international practice, two types of offers are distinguished: firm and free.

Firm offer is a document that contains a written proposal for sale certain political party product sent seller one possible buyer, indicating the period during which he is bound by his offer.

The term of the offer depends on the demand in the market of the proposed product: the more , the shorter the term of the offer.

Offer (Offer) is

If he agrees with all the terms of the offer, he sends the seller a written response to the offer or counter-offer indicating his conditions and term for an answer. If the seller agrees with all the terms of the counter-offer, he accepts it and notifies him in writing buyer. In case of disagreement, he either considers himself free from his obligations under the offer, about which he notifies his obligations in writing, or sends him a new offer, taking into account the proposed buyer conditions or on new terms different from those offered by the buyer. Failure to receive a response from the buyer within the period specified in the offer term, is tantamount to his refusal to conclude a contract on the proposed terms and releases the seller from the offer made by him.

Offer (Offer) is

Only after the buyer's refusal can the product be offered to another, but on the same terms on which the first firm offer was issued. The buyer's consent to the conditions set forth in such an offer is confirmed by a firm counter-offer. After confirmation (acceptance) of the counter-offer by the seller, the transaction is considered concluded.

Free offer is a document that can be issued for the same political party product to several potential buyers. He does not bind the seller with his offer, does not set a deadline for a response.

It is desirable to limit the number of issued free offers, otherwise market it may give the impression that there is a lot of product on offer and they want to sell it as soon as possible. In essence, this proposal to enter into negotiations. The buyer's agreement with the terms of the offer is confirmed by a firm counter-offer, which sets out its conditions. Counteroffer- a response to a proposal to conclude an agreement containing additional or different conditions compared to those specified in the proposal. If the seller accepts the counter-offer and notifies the buyer in writing, the transaction is considered concluded, and the parties are obliged to fulfill all the conditions set forth in the counter-offer. Until the contract is concluded, the offer may be withdrawn by the seller, if the offer does not indicate that it is unanswered, until such time as the confirmation of acceptance has been sent. If an acknowledgment of acceptance is sent late, it may remain valid if the seller is satisfied and he will notify the buyer in writing.

Distinctive features of the offer

Content of the offer define the following elements of the proposed concession (Article 432 of the Civil code Russia): 1) the subject of the transaction; 2) the conditions that are named in law or other legal acts as essential or necessary for contracts of this type; 3) the conditions on which an agreement must be reached by one of the parties. However, not any proposal to conclude an agreement is recognized as an offer. Signs of an offer: 1) addressed to one or more specific persons (with the exception of a public offer); 2) definitely; 3) expresses the intention of the party offering the transaction to conclude an agreement.

Offer (Offer) is

According to Russian law, an offer must: be sufficiently specific; express the intention of the person to consider himself or herself to have entered into an agreement with the addressee; contain all the essential terms of the agreement. Offer Features: the offer must contain the essential conditions of the concession; 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. The offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise stipulated in the offer itself or follows from the essence of the offer or the situation, in which it was made.

Terms for responding to an offer

The deadline for receiving acceptance by the party that sent the offer is important; it can be made with or without a deadline for a response. In the case when the offer specifies a period for acceptance, the contract is considered concluded if acceptance received by the person who sent the offer within the period specified in it. At the same time, it should be borne in mind that it is the date of receipt of the acceptance by the offeror that is taken into account.

Offer (Offer) is

In cases where a timely notice of acceptance is received late, acceptance not considered late. However, the party that sent the offer has the right not to accept such an acceptance by immediately notifying the other party of the receipt of the acceptance late. If the party that sent the offer immediately informs the other party of the acceptance of its acceptance received late, the contract is considered concluded. made without specifying a deadline for a response, its legal effect depends on the form in which it is made. When an offer is made orally without specifying a deadline for acceptance, the contract is considered concluded if the other party immediately declared its acceptance. If there is no such acceptance, then the offeror is in no way bound by the offer he made.

Offer (Offer) is

When the offer is made in writing without specifying the period for acceptance, the contract is considered concluded if the acceptance is received by the person who sent the offer before the expiration of the period established law or other legal acts, and if such a period is not established, during the time normally necessary for this (Article 441 of the Civil Code). Normally necessary is considered the time sufficient for the run of this type of correspondence in both directions, familiarization with the content of the proposal made and compiling a response to it. If a response arrives within this period of time, the contract is considered concluded. In the event of a dispute, this period will be determined by the court based on the specific circumstances of the case. If the acceptance is received late, then the fate of the transaction depends on the offeror, who may ignore the late response and agree to conclude an agreement or refuse to conclude an agreement due to a delay in responding to his proposal.

If the offeror, who received the late acceptance, immediately informs the other party of the acceptance of his late acceptance, the contract is considered concluded. Article 442 of the Civil Code also provides for the case when the response of consent to conclude an agreement (acceptance) arrived late, but it can be seen from it that it was sent on time. Only the offeror knows about the late arrival of the acceptance in such a situation. The acceptor, believing that the response was received by the offeror in a timely manner and the contract was concluded, may proceed to its execution and incur the corresponding costs. In order to prevent these costs, the offeror, who does not want to recognize the contract as concluded, is obliged to immediately notify the other party of the receipt of the acceptance with a delay. In case of failure to fulfill this obligation, the answer is not recognized as late, and the parties are considered bound by the contract.

Signs of a public offer

A special type of offer is public offer. A public offer is understood as a proposal containing all the essential conditions of the concession, from which the will of the person making the proposal is seen to conclude an agreement on the conditions specified in the proposal with anyone who responds (paragraph 2 of article 437 of the Civil Code). In this case, the proposal to conclude an agreement is addressed not to an indefinite circle of persons, but to anyone and everyone. Therefore, the first person who responds to a public offer accepts it and thereby withdraws the offer. Thus, the legal consequences of recognizing an offer as a public offer are that the person who has performed the necessary actions in order to accept the offer (for example, sent an application for the relevant goods) has the right to demand that the person who made such an offer fulfill contractual obligations.

Offer (Offer) is

A public offer is different in that it is addressed to an indefinite circle of persons. It specifies the main terms of the deal and clearly expresses the intention to conclude it with everyone who responds. For example, if an Internet provider makes a mass mailing with an offer of its services, while it contains all the basic conditions (tariff plans, speed, Discounts, etc.), then this is a public offer. He is obliged to enter into contractual relations and provide Internet services to all who responded, unless otherwise provided by the offer itself. It is easy to confuse a public offer with advertising. However, advertising and similar offers do not constitute an offer. Advertising, as a rule, does not contain sufficiently specific conditions for concluding a contract, its purpose is to present its products and services in a favorable light compared to competitors.

Offer (Offer) is

The offer expresses the will of only one party, and, as you know, the contract is concluded by the will of both parties. Therefore, the answer of the person who received the offer about his consent to conclude the contract is of decisive importance in the execution of contractual relations. A public offer is considered advertising product or service in the media, i.e. appeal to an indefinite circle of persons. Thus, a public offer is: advertising and other offers addressed to an indefinite circle 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 agreement, from which the will of the person making the proposal is seen to conclude an agreement on the conditions specified in the proposal with anyone who responds, is recognized as an offer (public offer).

Offeror and acceptor, acceptance of an offer

The person making the offer is called offeror, the person who accepted the agreement - acceptor.In the case when the acceptor accepts the invitation, a written notification is sent to the offeror and the offer is considered accepted, the agreement acquires bilateral force and implies the fulfillment of obligations. Any offer contains a certain period of validity during which the acceptor has the right to accept the agreement, thereby binding itself to the offeror bilateral obligations.

Acceptance is a response to an offer. An acceptance is the response of the person to whom the offer is addressed about its acceptance. The acceptance must be complete and unconditional. Silence is not an acceptance, unless otherwise provided by law, customary business practice or previous business relations of the parties. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the conditions of the agreement 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 withdrawal of acceptance was received by the person who sent the offer before the acceptance or simultaneously with it, the acceptance is considered not received. within the period specified in it. When the period for acceptance is not specified in the written offer, the contract is considered concluded if the acceptance is received by the person who sent the offer before the expiration of the period established by law or other legal acts, and if such a period is not established, - within normally required for this time. When an offer is made orally without specifying a deadline for acceptance, the contract is considered concluded if the other party immediately declared its acceptance.

In cases where a timely notice of acceptance is received late, the acceptance is not considered late unless the party that sent the offer immediately notifies the other party of the receipt of the late acceptance. If the party that sent the offer immediately informs the other party of the acceptance of its acceptance received late, the contract is considered concluded. the same time with a new offer. If the contract does not indicate the place of its conclusion, the contract is recognized as concluded in the place of residence treaty Danina or the location of the legal entity. the person making the offer.

In accordance with paragraph 1 of article 438 of the Civil Code, acceptance is the response of the person to whom the offer was addressed, about its acceptance. Such acceptance must be complete and unconditional. The acceptance expresses the will of the person to the same extent as the proposal. The requirements for acceptance follow from its features as a reflex expression of will. The standard situation is that an acceptance becomes valid if it is complete, i.e. expresses approval of everything that is indicated in the offer, and unconditional, i.e. does not contain any additional conditions. If the answer is given on other terms than those proposed in the offer, it is not an acceptance. This is just a counter offer (Article 443 of the Civil Code). However, the actions of the acceptor can be considered as a counter offer only if they have the indicated features of an offer.

Since this kind of counter-offer is sent to the original offeror, it is necessary to retain all the essential terms of the concession in such a counter-offer. Therefore, a response to an offer, in which at least one of the essential conditions is excluded from it, cannot be considered as a counter offer. Such a response is a refusal to conclude the transaction proposed by the offeror and an invitation to conclude another agreement. Acceptance on other terms is usually formalized by a protocol of disagreements, which is sent to the other party. The contract is considered concluded only after the settlement of all disagreements between the parties. The rules of law governing the offer are fully applied to the protocol of disagreements sent to the counterparty. The absence of a response to the offer (silence of the offeree) is not an acceptance, unless otherwise follows from the law, business custom or from previous business relations of the parties.

Silence is subject to special regulation. By its very nature it can only be an acceptance. At the same time, there is a common presumption for all civil law that silence is not a legal fact at all. Such a presumption is included in the general rule on the meaning of silence. It means Art. 158 of the Civil Code on the form of transactions. This article, like Art. 438 of the Civil Code, provides for those exceptional cases when silence acquires a law-forming (law-changing or law-terminating) value. From paragraph 3 of Art. 158 of the Civil Code, it follows that silence can be recognized as an expression of will to make a deal only in cases where this is provided for by law or by agreement of the parties, while according to paragraph 2 of Art. 438 of the Civil Code, silence acquires force if this agreement reno either by law or customary business turnover, or follows from the previous business relations of the parties. In this case, paragraph 2 of Art. 438 of the Civil Code means that in these three cases we are talking only about acceptance. This removes the question of the possibility of using silence as an offer.

By their legal construction, the acceptance and the offer coincide to a certain extent. In this connection, some of the provisions that apply to an offer also apply to acceptance. It is understood that the acceptor may revoke the acceptance made until the moment the offeror receives notice of the acceptor's refusal to conclude an agreement, or simultaneously with such notice. In this case, the acceptance is recognized as not received. Accordingly, the refusal of acceptance is not considered made even when the moments of receipt by the offeror of the acceptance itself and the notification of its refusal coincide. After the offeror receives the acceptance, the contract is considered concluded. from Art. 310 GK. A special case is acceptance on other terms.

However, if the person who received the offer within the period established for its acceptance took any actual actions to fulfill the conditions of the concession specified in it (shipment of goods, provision of services, performance works, payment of the appropriate amount, etc.), the offer is considered accepted, unless otherwise provided by law, other legal acts or specified in the offer itself. The response of the person to whom the offer is addressed (the acceptor) about its acceptance is called the acceptance of the offer. The acceptance must be complete and unconditional, as well as definite. It should clearly indicate the intention of the party to conclude an agreement on the terms proposed to it. In practice, the acceptance of an offer is words or corresponding actions (shipment of goods, provision of services, performance works, payment of the corresponding amount, etc.) made in the manner prescribed or indicated by the offeror.

When concluding a transaction, the intention of the acceptor to accept the offer must be expressed in such a way that there is no doubt either about the fact of acceptance or about the coincidence of the terms of the acceptance with the terms of the offer. That is, for a contractual obligation to arise, it is necessary that the offer not only be accepted, but that the acceptance be communicated. obligations who has received an offer and agrees to conclude an agreement on conditions different from those set out in the offer, must report any disagreements. In particular, if a draft agreement was sent to her, she returns it with a statement of the disagreements. The protocol of disagreements drawn up by the addressee of the offer is actually a counter offer (counter offer), which must be unconditionally accepted in order to conclude an agreement. If the party that sent the offer does not indicate its consent to the change in the conditions proposed by it, the contract is considered not concluded.

Sample contract offer

The contract published below is simple an example of writing a concession offer.

Offer (Offer) is

Offer requirements

The first requirement is sufficient certainty of the offer. This assumes that from it the addressee is able to draw the correct conclusion about the will of the offeror. Any uncertainty regarding the various elements of the future transaction - the indication of the parties, their rights and obligations, as well as the subject of the agreement, causes the possibility of a different understanding of the content of the offer. This may entail the loss of the offer of its purpose. The second requirement relates to the direction of the offer: it must express the intention of the person who makes the offer to consider himself to have entered into an agreement on the terms specified in the agreement with the addressee, if the latter accepts the offer. This requirement means that the offer must be drawn up in such a way that the recipient of the contract can conclude that in order to conclude an agreement, it is sufficient to express the will that coincides with the offer by himself - the addressee.

The third requirement relates to the content of the offer: art. 435 of the Civil Code suggests that the offer should cover all such conditions that are clearly defined as essential in Art. 432 of the Civil Code or follow from it. The set of conditions specified in the offer is the maximum. Therefore, after the addressee accepts the offer, the offeror will not be able to change the set of conditions contained in the offer. Ultimately, the meaning of this most important requirement for an offer is that it must be so specific that it is possible, by accepting it, to reach an agreement on the entire contract. The fourth requirement is related to the targeting of the offer. In other words, it should be clear from it to whom exactly it is addressed.

In the absence of any of the above signs, the offer can only be considered as a call to an offer (an invitation to make an offer). An offer becomes binding for the person who sent it from the moment such an offer is received by the addressee. As a general rule, an offer received by the addressee is irrevocable, that is, not may be withdrawn during the period stopped for its acceptance, unless otherwise provided by the offer itself or follows from the essence of the offer or the situation in which it was made (Article 462 of the Civil Code). However, if the notice of withdrawal of the offer was received earlier or simultaneously with the offer itself, then the offer is considered not received (paragraph 2 of Article 435 of the Civil Code.

Offer guarantee

offers — guarantee issued by the bank at the request of the trading participant (principal) in favor of the party that declared bargaining(beneficiary), by virtue of which the guarantor undertakes to pay to the beneficiary the guarantees a sum of money in the event of the principal's refusal to fulfill the terms of the tender he won. Providing a tender guarantee in favor of the organizers bidding is often one of the conditions for consideration of a bidder's proposal. The tender usually ensures the fulfillment by the participant of the following obligation: the offer will not be changed or withdrawn until the deadline specified in the terms of the auction; obligations contract and a guarantee of its performance and other guarantees, if any, are provided.

The use of guarantees can be recommended: to organizations participating in auctions (competitions) for the performance of work or supply; to organizations working on a contract basis (possibly with the condition of deferred payment or deferred supplies goods (works, services)). The guarantee of the offer is submitted together with the offer and ensures the payment of the guaranteed amount: when the offer is withdrawn before the expiration date; if the order after receiving it at the auction is not accepted by the submitter of the offer; unless this guarantee is replaced by a performance guarantee upon receipt of the order at the auction. Usually the offer guarantee amount is 1-5% of the offer amount. The term of the guarantee is until the signing of the concession.

PAMM account offer for a trader

PAMM account offer is an agreement between an investor and a trader that defines the terms of cooperation between both parties. In most cases, the offer agreement includes such parameters as the minimum investment amount, manager's remuneration, and withdrawal of funds. In addition, the offer can determine the protected - the time during which investor does not see transaction details manager in the report. The offer can also be prescribed for early withdrawal of funds investor. The minimum investment amount is the amount required by the investor to conclude a transaction. In addition, the offer may provide for a minimum allowable amount for withdrawal of funds. For his work, the trader receives from the profit - the higher the level, the less manager

Offer (Offer) is

Manager's offer, offer agreementThe offer agreement fully regulates the terms of the employee% rateon. Determining the terms of the offer may be the exclusive right trader or an investor. In the first case, the contract will be called the manager's offer, and in the second - the investor's offer. After drawing up the agreement, he must find a manager who is satisfied with the terms of the manager's offer. PAMM account offers can be public and non-public. The offer, which is available for viewing to investors and allows you to create new accounts, as well as replenish existing ones, is a public offer. Unlike a public offer, a non-public offer does not make it possible to create new accounts. It is important to know that one PAMM account can have many non-public offers and only one public offer.

Offer (Offer) is

In most cases, the offer agreement is multi-level. When creating a multi-level offer, the following rules must be observed: the amount of investment of each subsequent level must be greater than the previous one; percent remuneration at the next level cannot be more than at the previous one; the protected period can be less than or equal to the value of the previous level; the transition to the next level should be carried out automatically - as soon as the balance corresponds to this level. We can say that the offer contract is a document authorized by the parties that conclude it, in order to regulate and regulate the relationship between the parties, and in particular, the manager and the investor in the field of trust management of the foreign exchange market.

Offer (Offer) is

Bond Offers

A very interesting strategy for working on a bond market market is the use of offers for bond money issues. In world practice, two main types of offers are common, which can be conditionally called the "issuer's offer" (the redemption of bonds occurs on the initiative issuer bonds) and an "investor's offer" (the investor is the initiator of the redemption of securities). In our country, "offers issuer» are practically not used: as a rule, the redemption of bonds occurs at the initiative of the bond holder. In this case, an offer for an investor is an opportunity to require the issuer to buy back the bonds at a predetermined price within a predetermined period.

Offer (Offer) is

It is worth paying attention to the fact that the investor has a real choice: he can either use the offer, or leave the bonds in his investment portfolio. In addition, he can submit for redemption all the bonds he owns or only a part of the securities. Key parameters of the offer (offer date, price redemption of bonds, the list and deadlines for submitting documents, etc.) are determined in the process money issue and cannot be changed later. The owner of the bonds can find information about the terms of the offer in the issue documents - the decision on release bonds or the prospectus (electronic versions of these documents are available on the website of the bond issuer or on specialized resources, in particular, www.cbonds.ru or www.rusbonds.ru).

Offer (Offer) is

With independent exchange trading, the offer procedure, in contrast to the payment of coupons and the redemption of nominal cost bonds, suggests that the investor must take certain actions. First, the investor pre-blocks securities and receives an extract from the depository confirming this operation. Secondly, he fills out a demand for the redemption of bonds (sometimes notarization of this document is required) and sends it by mail along with an extract from the depositary to the issuer or his authorized person. Thirdly, on the date of the offer, the investor (through his broker) places an order for sale bonds at the price of the offer. In case of trust management, all necessary actions in order to submit bonds for an offer on behalf of the investor can be performed by the trustee.

Offer (Offer) is

In any case, the cost of submitting bonds to an offer will be from 500 to 2000 rubles and will take about 2-4 days, so the use of this strategy is justified with sufficiently large investment amounts (from 1 million rubles or more). investors the opportunity to “go into” and use new investment opportunities that open up on the stock market and bonds. interest rates on the money market. The point is that between interest rates and bond prices are inversely related (when interest rates rise, bond prices fall, and vice versa).

Offer (Offer) is

When forming an investment portfolio, a private investor cannot accurately predict the future interest rates rates, however, he has a real opportunity to quickly revise the structure of his investment portfolio, taking into account market realities. Suppose that an investor has purchased a bond with perfect accuracy in 2 years, and it has an offer in 1 year (at a price equal to 100% of the nominal value paper). At the time of purchase, the bond to the offer was 12% per annum. If in a year (by the time of the offer) interest rates rise (and the prices of bonds, respectively, decrease), the investor can present the bonds to the offer and use the released funds to buy debt instruments with a higher yield .If interest rates remain at the same level or if they fall (in the first case, bond prices will remain unchanged, and in the second they will rise), the investor will not take advantage of the offer and will own the bond until redemption.

Offer (Offer) is

An investor who adheres to a moderate strategy and distributes his funds between shares and bonds can act in a similar way, however, in this case, the decision to implement the offer will be made by him depending on the market situation of the shares. With a decrease stock market the investor will present papers for an offer and gradually increase the share of shares in the portfolio, and with positive dynamics stock exchange the share of bonds in the portfolio will increase (in this case, the investor will most likely not present bonds for an offer). the level of risk that the investor takes on, especially if he prefers to work with medium-term bonds, and the high level of predictability of investment results.

The second significant “plus” is the ability to quickly respond to changes in market conditions, including by including bonds with different Offer Terms in the portfolio. Another advantage of this strategy is low trading activity and, accordingly, small time costs required to implement this strategy. A private investor can form a bond portfolio in such a way as to be able to submit bonds to the Offer with a certain frequency (for example, once a quarter). unchanged) and the need to timely provide documents to the Issuer or paying agent and submit an application for the Sale of bonds (for example, if the Investor violates the deadlines for submitting documents, he has the right not to execute the offer).

Sources for the article "Offer"

accountancy-edu.ru - basics of accounting

ucheba.ru - educational portal №1

en.wikipedia.org - the free encyclopedia Wikipedia

youtube.com - YouTube video hosting

images.yandex.ua - Yandex pictures

google.com.ua - Google pictures

dictionary-economics.ru - economic dictionary

dic.academic.ru - dictionaries and encyclopedias on Academician

setadra.ru - site for people

financial-lawyer.ru - news agency Financial lawyer

advokat-avtomonov.ru - website of the Bar Association

pammforex.org - all about pamm investments

gaap.ru - theory and practice of management accounting

Encyclopedia of the investor. 2013 .

• - (from lat. offero offer) a written or oral offer of one person (offer) made to another person (acceptor), containing a message about the desire to conclude an agreement with him. If the offer is accepted (accepted), about which the acceptor must notify ... Economic dictionary

OFFER- [lat. offertus offered] economy. a formal offer to a certain person to conclude a deal, indicating all the conditions necessary for its conclusion. Dictionary of foreign words. Komlev N.G., 2006. offer (lat. Olfertus proposed) formal ... ... Dictionary of foreign words of the Russian language

Offer- - an offer to one or more persons to conclude an agreement on predetermined conditions. In Russia, the offer is regulated by Art. 435 449 of the Civil Code. According to the current legislation, “an offer is recognized as addressed to one or ... ... Banking Encyclopedia

Offer- (offer) an offer addressed to one or more specific persons, which quite clearly expresses the intention of the person who made the offer to consider himself as having entered into an agreement with the addressee, if he accepts it. The offer must ... ... Economic and Mathematical Dictionary

Offer- a tender proposal sent by the applicant, containing the consent to participate in the auction on the conditions set forth in the tender documentation, and registered by the tender committee.

Offer, offer... What is it? Many people, listening to the radio or reading magazines, come across this word. But not everyone understands its meaning. And therefore, your attention is invited to an article that tells in detail about the nature of the offer, its types, proper execution, and also about what happens for non-fulfillment of the points specified in this document.

Offer - what kind of "beast" is this? In simple words

Simply put, an offer is a contract of sale. But the contract is not quite ordinary. In an offer, unlike a contract, only the most essential conditions for its conclusion are unilaterally prescribed. Whereas the contract contains very complete information about the services provided or the goods offered and is concluded by both parties.

However, if in Russia and European countries the essential conditions of the offer are prescribed without fail, then Anglo-American law says that if the consumer has a clear idea of ​​the terms of the transaction, then these conditions may not be reflected on paper.

Another feature of such an agreement is that it enters into force immediately after the consent of the consumer, his acceptance, is received. In the same Anglo-American law, the unspoken "rule of the mailbox" operates. It consists in the following: an offer can be considered concluded when the consent to it is dropped directly into the mailbox of the person who submitted this offer.

By the way, silence, which is considered to be a sign of consent, is not considered consent in the case of an offer. That is, if the document itself is presented in writing, then the consent must be drawn up accordingly. However, due to the fact that different countries have slightly different traditions and laws, most often the offer clearly indicates the period during which an agreement of this type can be concluded.

How to make an offer?

Naturally, there are generally accepted rules for drawing up an offer, prescribed in the legislative framework. They are guided by all individuals and legal entities constituting an agreement of this type.

• Immediately before drawing up an offer, you need to thoroughly consider all the conditions. It is better to start with a draft, put the necessary marks on it, and then just proceed.
• In general, according to the type of preparation of the offer, there is a written and oral one. When using the first option, the offer can be presented both on the letterhead of the company, and in any form. Very often this is done: a blank sheet of paper / form is taken, the addressee is indicated in the upper right corner, and at the very bottom of the sheet, in the center, write “Offer”.
• Next is written, in fact, the commercial proposal itself.
• Then, which is a very important point, the terms of the contract are indicated. It is on them that the final result depends. If this is some kind of service, then you need to describe its merits and why it is needed by the person who is offered the offer. If this is a product, then its name must be indicated (preferably according to GOST) and the main characteristics.
• After everything written in the document, the conditions for the provision of the service / delivery of the goods and the methods of payment are prescribed - non-cash or cash.

Main types of offers

Many believe that the offer is only public. This comes from the very frequent use in the media of the phrase "is not a public offer." This type of contract will be discussed later. People close to business and sales distinguish three more types of offers:

I would like to say a few words about the irrevocable offer, or rather about how the issuing companies use it. This is done in order to enable the shareholder to redeem the value of the security he has acquired.

With the help of irrevocable offers, by the way, both the issuer and the shareholder can control the value of 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 procedure for its redemption are determined by the investor and the issuer.

Public offer rules

The public offer differs significantly from the previous ones. It can be distinguished from the flow of documents according to three main features:

• in an offer of this type, all essential conditions are included without fail;
• persons interested in concluding such an agreement must understand what responsibility they take;
• the person signing the offer fully agrees with all its conditions, without discussing them.

What does not apply to a public offer?

In the laws of almost all countries, advertising of any products and services is not considered a public offer, as it does not contain specific proposals. If there are any, then such advertising is recognized as an offer and, according to the law, is valid for two months from the date of its creation (however, the advertiser himself can set any period of validity of the offer). With such a formulation of the question, an agreement of this type can be concluded, but all responsibility for its execution lies with the advertiser / seller.

Once again about acceptance

As already mentioned, acceptance is the consent of a potential buyer of a product / service. Acceptance can be presented both on paper and orally. Also, acceptance is any action on the part of the buyer of the goods/services that partially meets the terms of the offer.

But legally, an offer can be concluded if the parties fulfill all the clauses of the offer in full. As for any seals and stamps, they are affixed only at the request of the parties.

What are violations of a public offer?

In general, any offer, including a public offer, is interpreted by the laws of different countries as a legal document. And therefore, for violation or any non-compliance with the conditions specified in the public offer, it is subject to rather severe sanctions.

Violation of the offer may be a banal overestimation of the cost of goods. That is, if goods are taken at the retail premises at the same price, and a check with a completely different price breaks through at the checkout, then the buyer has the right to contact the store administration in order to resolve the situation.

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

If it “didn’t grow together” with the management of the store, then there is an option to report 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, attach a cashier's check to it with the very statement about the violation of the Rules of Trade and send it all to Rospotrebnadzor.

But, as a rule, such drastic measures do not reach: the administration meets halfway, and the goods are sold at the original price. With expensive goods, the situation is a little more complicated. This is where the case could go to court. In most cases, representatives of Themis take the side of the consumer and satisfy the claim. Here the deceived buyer wins doubly: not only is he returned the cost difference of the goods, they also compensate for moral damage in material terms.

Conclusion

So, with knowledge of the signs and rules of a public offer, you can always defend your rights in any organization. By the way, it also happens that persons who have violated the contract of a public offer begin to "swing rights" and threaten. If such things happen, it is only from impotence: the offending side understands that it is not right, and indulges in "everything bad". There is no need to be afraid of this: the law will be on your side in any case, because the main rule of trade and the provision of services is that the client is always right.

Except, of course, in cases where any conditions in favor of the seller of goods / services are clearly and very clearly spelled out in the offer agreement.

In contact with

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

What is an offer?

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

The offer, as a rule, fixes the main terms of the transaction. First of all, this is the cost of a product or service, their main characteristics, terms of delivery, maintenance and other options offered by the organization to accompany the transaction.

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

The offer happens:

1. public;
2. closed;
3. solid;
4. free (actually not an offer, but in demand - further we will consider this feature).

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

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

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

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

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

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

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

If the firm that issued the offer changes its mind about entering into a deal on the terms that are reflected in the document, then it has the right to withdraw it. But in this case, information about the withdrawal of the offer must reach its addressees before they become familiar with the provisions of the document. In addition, the source sometimes contains a provision that the offer can be withdrawn - in this case, the fact of its acceptance before the cancellation by the supplier does not matter.

What is a contract?

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

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

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

Comparison

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

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

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

In many aspects, an offer can be very similar to a contract: it is supposed to reflect all the main terms of the transaction, and its acceptance is actually an action similar from a legal point of view to signing the contract.

Having determined the difference between the offer and the contract, we fix the conclusions in the table.

Table