What is a public offer: contract and offer law

In various advertising campaigns, you can often hear the expression - is not a public offer. What does it mean And is this information correct? An offer is an offer according to which a contract for the provision of any services or the sale / purchase of goods can be concluded. Usually it is made in writing and addressed to one buyer or group of clients.

The word "offer" in Latin means "offer". The legislation of the Russian Federation regulates this as follows: an offer is an offer by one of the parties to make a purchase from the other party. Moreover, this proposal can be presented both in writing and orally.

A public offer is an offer made not to a specific buyer, but to many people.

Note:the contract must specify the conditions for the provision of services or the supply of products, terms, prices and other information necessary for the client/buyer.

In most cases, the offer is the subject of the contract, although sometimes it precedes its signing. If the client likes the offer, then he agrees to cooperate and signs the contract. If something does not suit him, then he can develop a counter-offer and transfer it to the offeror. Amendments may include changes in delivery times, prices, quantities, etc. If the buyer ignores the offer, then the deal cannot be considered concluded.

Public offer

The public offer is advertising, which indicates the price of the product, the timing of its delivery and contains a call for cooperation. If any of the above is not in it, then this is considered an ordinary acquaintance or an invitation to conclude a contract for the supply of services or goods.

Some advertisers indicate that advertising is not a public offer. If such an addition is present, then this means that you will not be able to conclude an agreement on the conditions announced in the video or on the banner. Such advertising invites you to negotiate the terms of the transaction, and is not a guarantee of its conclusion. Also, the company that placed the advertisement may at any time change the terms of the transaction unilaterally.

Example

To remove all the questions that arise, consider an example of a public offer based on a classic online store. You select the item you want and add it to your shopping cart. In fact, by doing this, you conclude an agreement for the sale and further supply of the selected products. It does not matter to the seller whether you are an individual or a legal entity, an LLC or a company. Then you agree to the terms of the purchase, which spell out the responsibilities of the parties, the terms and conditions of delivery, various force majeure and the final price. When you place an order, you are deemed to have signed public offer agreement.

The public offer agreement can be terminated, but this is a violation

Question with prices

Most often, buyers have a question - are the prices indicated in the advertisement or on the pages of the online store a public offer? The answer is simple - they are not. The price is one of the parts of the offer agreement, that is, in fact, the usual advertising and an invitation to cooperate. The price does not imply a contract.

Question about the activities of online stores

If you went to the online store and saw a public offer on it, then this is also a proposal for cooperation and the subsequent conclusion of an agreement with the consent of the parties. To agree to the offer, you need to perform one of three actions (or all at once):

1. Register on the site by entering your data.
2. Select a product and add it to the cart.
3. Check the box next to "I agree with the terms" or similar and click on the appropriate button.

Violation of the offer

An offer is a contract. By agreeing to it, you become participants in the transaction and, accordingly, contractual relations, that is, you have certain obligations. It does not matter whether you signed a paper contract, put your consent on the site, or entered into a public offer in another way. If you do not comply with the terms of the contract, you are violating public offer law and bear responsibility in accordance with the Civil Code of the Russian Federation. Although in practice, non-compliance with the conditions usually leads to a break in the transaction and this ends it all.