That the offer offer is made in. What is an offer and a public offer according to the Civil Code of the Russian Federation (example, sample). Loan agreement with a bank

And much more.

Now we have on the agenda the already calloused eyes and the word that has set the teeth on edge for many "offer". You must have met him 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 in general and why it is so important for advertisers.

In fact, everything is quite logical here (and we will consider this a little lower as an example). But, unfortunately, this term belongs to the field of jurisprudence and finance, which means explanations of what an offer is in simple words you won't expect from such an audience.

Actually, that’s why this small 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 how does it differ from a contract?

The word itself comes from offertus, which in translation, depending on the context, can mean - a proposal, proposed, offer. The sentence is not in the sense of the structure of speech (a unit of language), but in the sense of “make an offer” (which cannot be refused).

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 clear right off the bat. They do not say that the groom made an offer to the bride. They say it's an offer. But I'm getting ahead of myself a little.

So, offer is an offer. Yes, yes, just a proposal in written or oral form, it doesn’t matter. For example, you (or you) suggest that your neighbors in a communal apartment make a schedule of duty for cleaning places common use. If they agree, then on the basis of this offer you conclude an oral contract, accepting the original conditions described in the offer, or making your own changes to them.

Those. in fact, this is a declaration of intent. They can send you an offer by mail on such and such conditions (for obtaining a loan, for purchasing goods from a company, for providing you with a service, etc.). In this declaration (offer), the conditions under which this (future) contract will be drawn up should be more or less detailed. You will only have to accept these conditions or refuse them.

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

It's like pre-contract(anticipation of the agreement, invitation to cooperation), i.е. a preliminary description of one of the parties (it is called the offeror) of the conditions on which this contract can be drawn up if the other party (its name is the acceptor) is satisfied. Those. contract and offer are not identical legal structures.

In simple words about offerors and acceptances

Well, now they have slipped down 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's then give a few definitions so that when you meet them you understand what we are talking about:

Offeror- a person (natural or legal) offering an offer. This may be a seller of goods or services, or a potential customer of your services or a buyer of your goods.
Acceptor- the person to whom the offer is addressed. Looking ahead, I’ll say that it can be either a specific person (or a 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 are buying bread. The price tag is an offer, the seller (or store owner) is the offerer, and those who bought the goods are the acceptors.
- the fact of acceptance of the offer on the terms on which it was offered (for example, the purchase of goods at the price that was indicated on the price tag is an 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 proposals of the offer, acceptance may be considered not the real consent of the acceptor, but certain actions. Such actions in the language of casuistry are called conclusive, i.e. acting as a substitute or written consent.

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

For me, for example, this is done on . In fact, all visitors to the site are my partners who agree with the terms of the above public offer, which is what they are warned about.

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

If something does not suit him, then he will need to answer already. new (counter) offer with the 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 do you know what an offer is?

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

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 offered you personally conditions for obtaining a loan. Or you received an email newsletter with an offer to all bank customers to receive a loan on these terms. Or you went to the bank and read a brochure with the conditions for obtaining a loan. Yes, or just went to the store and looked at the price tag.
The terms of the transaction must be clearly described. For example, the percentage paid to you on a loan is indicated, its size and conditions for obtaining are described. Or the price of the goods in the store is simply indicated, which is already quite enough for you to conclude an agreement for its purchase (by paying for it at the checkout).
It should be clear that they want to conclude an agreement with you on the proposed terms, and not just spam or someone signed the price with a marker under the shelf with the goods.

Why they do not want advertising to be taken as a public offer

Still more important is that offeror offering you an offer in essence imposes obligations on compliance with the conditions that are described there (terms of implementation, price, delivery conditions, etc.). This is important, because the acceptor will rely on these conditions and may incur losses, relying on the assurances of the offeror. In this case, he may well sue and win the case.

If the validity period of the offer offer is not specified, then this offer is considered to be valid within a couple of months from the moment it is received by the acceptor. That is, if you saw an advertisement on TV indicating the price of the goods and describing 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 the fulfillment of the promised (up to filing a lawsuit in court).

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 themselves room to maneuver with prices and conditions, because otherwise they can simply be sued or forced to comply with the conditions described in the advertisement (and in fact, the offer).

Although advertisers do not really like it and they try to avoid it, so that later they would not have claims from the law for unfair advertising. After all, when shooting an expensive video, it is beneficial to hide some information about a product or service so that the offer looks more tempting. For example, what this opportunity is not available in all trim levels of goods or the fact that a loan at zero interest is actually not such.

Public offer and its other varieties

There are different types of offers, the main of which can be represented as follows:

Solid- this is when you personally (as or an individual) are offered something. For example, to conclude a contract for a loan, an insurance contract or something else. Everything is as specific and targeted as possible. You just have to 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 within the specified period of validity of this offer.
irrevocable- here the offeror will no longer be able to reverse even if he wanted to. It can be concluded with either one or several persons (for example, shareholders of a company for a mandatory period after a certain period). Often this option is used even in the liquidation of bankrupt companies.
Free- in this case, the offeror is not bound by any guarantees that you will necessarily conclude an agreement with him on the conditions 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 just an offer to discuss a deal (to enter into negotiations) without obligations and specifics. Often this type of offer is used to probe the market for the effectiveness of certain marketing steps (promotions, bonuses, discounts, unique offers, etc.).
Public offer- this is what we encounter on a daily basis, but we simply do not know about it. Such an offer can be made in absolutely any way - in writing, orally or in the form of an action. The cafe offers you to get acquainted with the menu and this, in fact, is a public offer. It's the same with the goods on the counter of the store, with the catalog from Ikea, which was thrown into your mailbox, etc. (even if the prices are not indicated).

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

In this case, the offeror is most often responsible for the conditions stipulated in it. For example, at the checkout of a store, when paying for goods, you enter into an agreement on the basis of a public offer (price tag), and if they try to sell you goods at a higher price, then this illegal action is punishable by law (here you are in your right in the full sense of the word).

Hope this post was helpful...

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

See what "OFFER TO MAKE A DEAL" is in other dictionaries:

- (offer) The price, announcing which the seller announces his intention to sell. If his offer is accepted (acceptance of the offer), a contract is concluded, which has legal force. In accordance with the law, the offer differs from ... ... Glossary of business terms

price offer- an offer to conclude a deal The price at which the seller wants to sell something. If his offer is accepted (acceptance of the offer), a contract is concluded, which has legal force. In accordance with the law, the offer differs from ...

- (bid) 1. The price at which the buyer is willing to make a deal. If the seller has made an offer, the price of which the buyer considers too high, he can offer a lower price (or more favorable terms). After receiving an offer... Glossary of business terms

- (bid) 1. The price (often called the bid price) at which the market maker is willing to buy shares: the lower of the two prices quoted on the TOPIC screens in electronic system price information on the London ... ... Financial vocabulary

buyer's offer- 1. The price (often called the bid price) at which the market maker is willing to buy shares: the lower of the two prices quoted on the TOPIC screens in the electronic information system about ... Technical Translator's Handbook

Offer- an offer to conclude a deal; in certain cases acceptance of a firm written offer replaces the signing of a contract... Concise Dictionary basic forestry and economic terms

An offer to conclude a contract addressed to one or more specific persons, which contains the essential terms of the contract and expresses the intention of the person. who made the offer, consider himself to have concluded an agreement with the addressee, who will be ... ... Law Encyclopedia

Offer- (Offer) An offer is a preliminary stage of concluding an agreement. An offer agreement: examples and a sample, an acceptance, an offeror and an acceptor, a public offer Contents >>>>>>>>>>>>> … … Encyclopedia of the investor

Broker- (Broker) Broker is an intermediary person who facilitates transactions between interested parties Profession broker: types of brokerage, stock broker, insurance broker, credit broker, brokerage Contents ... ... Encyclopedia of the investor

treaty- (Contract) The concept of a contract, types of contracts, terms of contracts Information about the concept of a contract, types of contracts, terms of contracts Contents > Contents Concept and meaning. The treaty and its scope. Legislative regulation agreements... Encyclopedia of the investor

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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 - as individual as well as the firm.

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:

The seller receives a guarantee that the buyer has accepted the offer by giving him prior consent to the terms of the contract.
The buyer receives a guarantee that during the entire period of the offer, the seller will no longer be able to change the terms 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 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 these 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, Appliances, phones, 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 on 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 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 for reverse side there must be a seal of the store and the signature of 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 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.

As an offer - i.e. with a guarantee of the validity of the proposed conditions until a specific date.
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 customer. 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 is essentially the seller's offer. 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:

Comprehensive, reliable information about the product or service that is supposed to be sold (name, characteristics, quantity, cost, etc.).
Methods of concluding a deal (signing a contract).
Ways to transfer funds for the purchase, indicating the relevant contacts and details of the seller (cash, non-cash).
Liability for possible violation of the offer.

The form can be created independently, because unified form no.

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

Defining an offer: how to say it in simple terms

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

What is a public offer? in simple words? This is an offer made to an unlimited and yet indefinite number of recipients. Anyone can accept this offer. The form offers coincides with the form of the transaction being made, that is, it is possible both orally and in writing.

AT commercial practice offer often constitutes a draft agreement forwarded stakeholder potential counterparty. Sometimes they say what is an offer contract. 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. An example of an offer in everyday life there may be, for example, the appeal of the owner suburban area to a neighbor about selling surplus vegetables. Or an appeal to a friend with a proposal to lend some item (baby stroller, sled, etc.) for temporary use.

What legal requirements must offer? We list the main provisions about the offer of the Civil Code of the Russian Federation:

offer is of a certain nature, clearly expresses the intention of the offeror (the initiator of contractual relations) to conclude a deal;
sent to one or several subjects at once;
denotes all material terms of the future agreement (i.e. those without which this species transactions cannot be executed): for example, for a sale agreement, the condition for the sale of an object will be essential, and for a contract agreement, the conditions for the work performed and an indication of the deadline for its completion;
offer received by the addressee cannot be withdrawn during the period of time provided for a response to it (however, in the offer may be subject to revocation).

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 the execution of the agreement). Silence does not equate to acceptance GC offer RF. According to the code, an acceptance is required to conclude a contract, but the opposite practice is also found among entrepreneurs.

How to prepare an offer?

A written offer 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 treaty, in which even not very essential details are spelled out;
letter containing the most important conditions on which cooperation is possible;
a message that specifies only the essential terms of a future transaction.

A business letter with a proposal to conclude a deal includes the following components:

a header containing the addressee's data;
outgoing number and date;
details of the letter to which the answer 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 head);
body offers(this part of the document lists the conditions under which the author of the letter agrees to draw up a contract);
sender's signature with full name and position.

For information sample offer posted on this page.

Sample Letters of Offer to the conclusion of contracts for the provision of services and supplies

Offer to conclude a service agreement (form)

offer)

______________________________________________

(name of company)

« »___________ 20__ No. ____

On the conclusion of a contract for the provision of services

We invite you to conclude a service agreement

___________________________________________________________________

under the following conditions:

1) __________________________________________________________________;

2) __________________________________________________________________;

3) __________________________________________________________________.

Looking forward to your reply by “___” _______________ 20 __

Don't know your rights?

Product supply offer (form)

______________________________________________

(position of the addressee - to whom it is intended offer)

______________________________________________

(name of company)

« »___________ 20__ No. ____

to No. ________ dated "" ___________ 20__

About product delivery

Thank you for the inquiry from ""_________ 20__ and we inform you that we can offer you _____________________________ in the amount 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 variety this document is public offer. This term denotes a proposal to conclude a deal, addressed to an indefinite circle 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 the advertisement for the sale of goods or the provision of services explicitly states that it concerns only certain categories of citizens, then such a message public offer does not 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. Thus, the display of goods in trading floor, on shop windows and counters, the placement of product catalogs or descriptions in the store is also considered a public offer to buy these items at retail. The named actions are offer even in cases where the seller did not indicate the price of the offered goods.

As an example of a public offer to conclude a contract, we can name the information posted on the website of the online store:

about the range;
product prices;
terms and order of payment and delivery;
Store warranties and responsibilities.

Sometimes such information expressly states that it is offer.

Why is it marked “not a public offer” in advertising?

The law says that general rule advertising offer is not recognized. This is quite logical, because the purpose of advertising is to put 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 responding persons, then it is public offer.

Offer obliges the person who made it to conclude an agreement on exactly the conditions that were indicated 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 will no longer be possible to put it up for sale at a different price. Therefore, advertisers, as a rule, are not interested in the fact that the advertising they distribute has signs offers.

In this regard, the phrase " is not public offer” – in this way, advertisers expect to leave themselves an escape route. In fact, the addition of this mark does not play a significant role, since the legislator does not give the right, even with the help of such a clause, to turn an advertisement that is offer, to an advertisement that is not such.