Offer and its types. Offer: its meaning and use in international trade in goods and services Indicates offer

09May

Hello! In this article we will tell you what an offer is and how it differs from a regular contract.

Today you will learn:

• What is an offer;
• What types of offer are used to offer goods and services;
• How to make an offer correctly.

What is an offer

Many citizens have heard the mysterious word “offer” but have absolutely no idea what it means. What does offer mean? In fact, everything is very simple and translated from Latin, this is an ordinary sentence.

Offer – this is an alert through which the client can learn about a profitable offer. You can make an offer to clients either verbally or in writing. Moreover, in practice, the second method is in great demand, since all the requirements and conditions of each party are specified in the contract.

In simple terms, an offer is an invitation to a regular transaction that is concluded between the seller and the buyer. As a result of the transaction, the seller undertakes to provide a product or service of appropriate quality, and the buyer guarantees payment.

It is worth considering that the one who makes a proposal to conclude an agreement receives the status of an offeror, and to whom such a proposal is sent is called an acceptor.

For clarity, a simple example of providing a written offer at an enterprise. To make a profit from the sale of their product, law firms prepare an offer and send it to an affiliate or potential client. The offer clearly states the cost, delivery time and payment options. You can send an offer either by email or by mobile courier.

The acceptor, having received such an offer, must prepare a response letter in which he either agrees to all the conditions or makes adjustments. It is the final version of the offer that will be the contract, which will spell out the requirements and obligations of each party.

In conclusion, we can once again note that an offer is just a proposal, and not a familiar contract. The service offer can be used wherever there is supply and demand.

Types of offer

We have figured out what an offer is, it remains to find out what it is like.

The type of supplier offer includes 4 types:

• Public;
• Closed;
• Solid;
• Free.

If the first two types are more or less clear by name, then with the latter it is not at all clear what they are. Let's look at each type in more detail.

What is a public offer in simple words

It is worth noting that this is the most popular and simplest type, which is used by many sellers. A public offer is an offer to formalize an agreement sent to a large number of citizens at once.

A clear example of the terms of an offer is the price tag for a product in a supermarket. The seller sets the price for a specific product. The consumer either agrees and purchases the product, or goes to another store and compares the price. In this case, the cash receipt will be an agreement drawn up under an offer between the store and the consumer.

Anyone who is interested in the terms of cooperation can agree to the public offer. In practice, such proposals can be seen on TV, on the Internet and glossy magazines. For sellers, they distribute catalogs, organize various tastings and distribute leaflets in high-traffic areas.

It is not an offer and does not offer specific conditions so that the consumer can understand under what conditions the deal is being offered. It allows you to get conditions and find out why the advertised product is better than competitors. Thanks to advertising, you can simply increase the chances of signing a contract and attracting a large circle of consumers.

The same can be said about advertising goods on the World Wide Web. The client can carefully study the characteristics of the product, find out its distinctive features, but not receive a specific offer that will spell out the obligations of the buyer and seller.

Closed or irrevocable offer

In this case, we can say that jewelry work is being carried out, and an offer is made for a specific person or group of people. In most cases, it is due to confidential information. As an example, we can note an offer for cellular communication services indicating the cost of a tariff plan for a VIP client.

Firm offer

This type involves an offer to a specific person. The offer also specifies the exact time frame within which the consumer can agree to the terms and conditions and purchase the offer.

For example, a law firm prepared a commercial proposal in which it indicated that the cost of the goods would be 1,250 rubles, but only until a specific date. If the buyer applies after the specified period, the amount may change not only up, but also down.

As for individuals, a clear example of a firm offer is an offer from a bank. The bank values ​​regular and decent customers, who are offered services on attractive terms.

In this case we are talking about an individual offer:

• with an increased interest rate;
• Apply for a loan or credit card at a reduced interest rate.

In this case, a loan or deposit offer is an offer from a bank, which clearly states: the rate, conditions and validity period of the promotion for a specific client. Such proposals are not widespread and are isolated. Whether to accept the offer and enter into an agreement or not is up to everyone to decide for themselves.

Free offer

This is an offer that a company can send to several buyers at once. As a rule, this type of offer is sent directly to obtain an accurate answer: whether a product or service will be purchased or not.

The essence of this type of offer is that it is not limited in time. Having received a free offer, citizens can think, study other offers on the market and only then make a decision.

In addition to the listed types, do not forget about oral and written offers. It is clear from the name that in the first case the proposal is made orally, in words.

This could be a regular presentation, in which a company representative not only tells all the advantages of his proposal, but also diagrams it diagrammatically. Presentations are made immediately to a large circle of people. A written offer is presented on paper and sent to the addressee personally by mail or courier.

What is the difference between an offer and a contract?

It is no secret that for most citizens the concept of an offer and a contract are no different. In fact, these are completely two different concepts. We have already figured out what an offer is and realized that this is an offer familiar to everyone.

As for the contract, this is a civil agreement on the basis of which the official terms of cooperation are established. Confirmation that the transaction has been concluded will be a signature on the contract from each party.

While the parties are simply discussing working issues and trying to create conditions that will suit both parties, they do not bear any responsibilities to each other.

It turns out that the contract is an official document concluded between the buyer and the seller, which clearly stipulates the responsibilities and requirements of each party.

As a result of this, we can conclude that the main difference between a product offer and a contract is that it is not an official document and is drawn up solely for informational purposes. To make it clearer, here is a comparison in the table:

When an offer becomes a contract

An offer is not an official document; it is necessary only for an invitation to conclude it. For example, you come to a hardware store and see a new phone that costs 20,000 rubles. While it is on the counter with a price, it is an offer. But as soon as the client carefully studies the characteristics and decides to buy it, the offer immediately becomes a contract.

In this case, it means that agreeing to the terms of the offer means signing an agreement. In this case, confirmation of acceptance of the conditions and conclusion of the contract will be any action on the part of the client: payment for goods or registration on the official website of the store in order to submit an offer via the Internet. In legal terms, this is an “acceptance” of a contract.

While in the store, you probably heard phrases like these:

• By depositing funds into the store’s cash register for a specific product, the client automatically agrees to the terms of the offer agreement;
• comes into force only after the buyer officially notifies the client that funds have been credited for the product or service under the offer. The seller can notify about the receipt of funds either by email or by sending a notification letter.

In conclusion, it is worth noting that an offer will turn into a contract only in one case, if the consumer pays for it. Therefore, everyone decides for themselves what to immediately offer the client, an offer or a contract.

Benefits of the offer

Let us note the most basic advantages of the offer:

1. No edits.

The main advantage of the offer is that various types of amendments are not made to it. To simply make any changes, the offeror must prepare a new offer, according to Art. 443 of the Civil Code of the Russian Federation.

If the offer is sent and the buyer agrees to the terms, then the contract is drawn up on the previously stated conditions.

1. With the offer you will receive money faster.

Compared to a contract, the advantage of an offer is that it does not need to be signed in person. All you need to do is simply pay for the goods.

Let's look at a simple example how you can get quick money. Let's say Masha recorded a training video for beginning programmers and decided to sell it online.

She decided to work with all clients exclusively on a contract basis. In this case, she can make a profit in the following way. Let’s say that 100 people sign up for her video lesson. Maria must request personal data from each person and draw up an agreement, which the courier will deliver to the specified address. Since the contract was drawn up in two copies, one must be returned to Maria. Total: 100 clients and expenses of about 40,000 rubles, because for courier services you will have to pay at least 400 rubles per delivery.

But if Masha decides to work under an offer agreement, then she will simply post a training course on the World Wide Web and introduce payment in real time. A client who is interested in this offer makes a payment on the site and gets access to the video, and Maria, in turn, makes a profit. The benefit is obvious - saving effort, time and the opportunity to quickly reach the desired income.

1. The offer protects against risks.

An offer is an official document in which you can specify any requirement and condition. For example, if you indicated that you only answer phone calls from 9 am to 7 pm and the client signed this, you may not answer calls that come earlier or later than the specified time.

It is thanks to the offer agreement that you can clearly establish your rights and obligations: what the seller is obliged to do, and what obligations are assigned to the buyer.

Example. Selling food products online. Ivan decided to open production and sell pizza with home delivery. On the official website, he indicated that the pizza may contain allergy-causing products. To do this, Ivan prescribed the composition of each pizza so that the buyer could study it carefully before placing an order. If a client is allergic to seafood and he orders seafood pizza, then Ivan will not compensate the client for the costs associated with treatment.

It turns out that thanks to the offer agreement, it is possible to resolve disputes that have arisen between the seller and the buyer.

How to make an offer

You need to know that since there is no single template, you should consider the following points in your proposal:

• What product or service does the client buy;
• How the paid offer will be delivered to the consumer;
• Price;
• Possible payment options.

Lawyers argue that all of the conditions listed are essential, and without them the offer is illegal. The only problem is that there is no generally accepted form of offer. Each seller makes an individual offer.

It is worth considering that the offer does not need to be notarized. Let's consider what should be taken into account when drawing up an offer.

Terms of the offer:

1. Salesman.

You must clearly write down all the information about the company that is making the offer.

Be prepared to report:

• Contact phone number:
• Legal address;
• Full name of the director or head of the department;
• Bank details.

You shouldn’t write everything down on half a page; it should be clear and concise – this is the first success of a correctly drawn up offer.

1. Client.

You must clearly define the circle of people who can agree to your tempting offer:

• Individuals;
• Large organizations.

Just under no circumstances should you make restrictions based on nationality, marital status or skin color.

1. Product.

The purpose of the offer is so that the client can immediately understand what product he can receive as soon as he makes payment.

You must clearly indicate all the characteristics of the product:

• Size;
• Color;
• Storage conditions;
• Warranty period;
• Peculiarities;
• Characteristics;
• Certificate of quality.

1. Price.

When indicating the price, it is worth taking into account that the client must know what the cost for this proposal consists of:

• Product cost;
• Delivery services;
• Installment fee;
• Additional fee for warranty.

If next day delivery costs several times more than delivery 5 days later, then the customer should know this. Everything in the offer must be clearly stated or, as they say, “sorted out.”

1. Payment.

You must indicate all possible payment methods:

• Exclusively in cash at the company office;
• By bank transfer;
• Payment to the courier upon receipt and inspection of the goods;
• Payment in installments.

1. Delivery terms.

The client must clearly understand in what time frame and how he will receive the goods:

• By mail;
• Personally by courier to your home;
• Self-pickup.

Therefore, indicate in the offer all the options available to the client.

1. Return.

The seller must think through all controversial issues and indicate in the offer how the product will be returned if it turns out to be defective. According to the law, the client can refuse the goods within 14 days from the date of payment.

All of the above points must be taken into account when drawing up an offer.

Sample offer

Not a public offer

You can often see the phrase “is not a public offer”. But, as practice shows, no one knows what this means.

For example, advertising is not an offer, since it is intended solely for the quick sale of a product or service. The main purpose of an advertising video is to “deliciously sell” a product or service. Therefore, advertising offers never talk about the true terms of the contract.

For example, on TV they constantly offer to issue cards with a 0% credit limit. This, of course, is good, but the client learns about the mandatory commissions, fines and conditions when he contacts the bank. But if the advertising video stipulates all the conditions, then this is already an offer.

Surely many of you also noticed the following phrase on the banners: “prices are not a public offer.” What does this company statement mean? In fact, everything is simple and the seller is simply making digressions.

Thus, to summarize, we can once again note that an offer is a regular invitation in which you can receive an interesting offer at an attractive price.

The main purpose of the offer is to attract a client to purchase the offer. And don’t forget that according to the law, you have every right to buy goods in a store at the price indicated on the counter, even if it has changed and the employees did not have time to change the price tags.

Response to offer proposal

If you study the rules of business etiquette, you can conclude that providing a response to an offer is a mandatory condition. Receiving an offer is like a formal proposal to which you must give a clear answer.

The response is prepared by the potential client and sent to the seller of the goods or services. Even if you are not interested in the terms of cooperation or the products of the proposed category, do not be afraid to write a refusal.

How to respond to an offer:

1. If you have received an offer, have carefully studied it and wish to purchase a product or service, then a positive response is drawn up. The consumer simply indicates that he is satisfied with all the points, and he is ready to make payment and conclude a transaction.
2. However, in practice, you can meet consumers who are interested in the offer, but some items do not suit them. In this case, it is necessary to set out in writing all the points that you are not satisfied with and indicate how they can be corrected. It is better to discuss the terms of cooperation in person and find the so-called “golden mean”.
3. If the proposal is not relevant, then you can simply prepare an answer that the deal will not take place, since this proposal is not interesting. Finally, you can add when you can send a repeat offer.

For convenience, all suggestions and responses are sent by email. This not only saves time significantly, but also allows you to get a response and agree on a deal as quickly as possible.

An offer is a specific proposal for a contractual relationship, which can be addressed to one person or several persons. By submitting the form, the representative of one party confirms consent, the second party agrees by placing an acceptance on the form. Violation of such an agreement is fraught with unpleasant consequences.

What is an "offer"?

Today such forms are very popular, but not all people understand the intricacies of such a transaction. An offer is a pre-stage of signing an agreement, a proposal about the intentions of one of the parties, where all the conditions are included. Compiled both orally and in writing. The term is also deciphered as a written offer from the seller to the buyer to sell products on specified terms.

The offer must meet the following requirements:

1. Targeting. Sent to one circle of people.
2. Materiality. The document should set out all the important terms of the transaction.
3. Certainty. The text is drawn up in such a way that the intention of the offeror to draw up an agreement on certain conditions is clearly visible.

What is a “public offer”?

There are four types of offer:

1. Free. The proposal is sent to several consumers to study the market.
2. Public. Agreement for a large team.
3. Solid. The offer comes to a specific client.
4. Irrevocable. Sent to anyone who wants to make a deal.

What is a public offer agreement - this is an offer to draw up an agreement, which is not addressed to specific persons, their number is also not specified. The exception is when the text clearly states that the offer is available only to a certain circle, or if the online store did not bother to note the delivery order. Then such a document is not a public offer agreement, but an order of cooperation.

Characteristic manifestations of a public offer:

1. Price tags in stores. Anyone can take advantage of the offer, which is allowed both orally, in writing, and by the actions of the seller.
2. Data on website pages that list assortment, prices and guarantees.

What are “offer” and “acceptance”?

Offer and acceptance are important concepts of procedure that have their own rules. Concluding a deal under an offer consists of two stages:

1. One participant makes a proposal for an agreement.
2. The second participant accepts the conditions and signs acceptance.

Acceptance of an offer is agreement with all points of the transaction with the signing of an agreement. If the second party wants to change the conditions, then, from a legal point of view, we are talking about abandoning the contract. The representative can also put forward his own demands. Only when both parties come to an agreement will the process be called an “unconditional offer.” A document is considered legally concluded after payment or fulfillment of obligations under the contract, and seals and signatures are affixed by agreement of the parties.

How does an offer differ from a contract?

Many people believe that an offer is a contract, but there are some differences in the essence of the terms. Experts note the following points:

1. An offer is a document that is drawn up and submitted by one party, and the agreement is formed by both participants.
2. The offers spell out more responsibilities than the rights of the representative who drew up the document; the second participant is only charged with paying for the purchase. And in the contract, obligations are distributed evenly.
3. In many other respects, an offer is similar to a contract because it presupposes all key points, and acceptance is equivalent to confirming the contract with a signature.

How to terminate an offer agreement?

A very important point is that the offeror can withdraw the offer before acceptance. This will not be an official termination of the contract, since the deal has not yet been concluded. Refusal of the offer is recorded when the second participant does not accept the terms. The offeror puts forward certain deadlines in the text; when the agreed amount of time passes and no response is received, the offer is considered invalid. With a public offer the situation is somewhat more complicated, since it is concluded without signatures on paper. Termination can only be made by revoking the agreement.

Violation of a public offer - liability

The offer agreement implies a transparent relationship between the participants; if one of them violates the terms, this is subject to liability under the Civil Code. A violation of the offer is considered to be a change in the terms of the transaction. A public offer is an example of purchasing a product at a price tag that does not correspond to the amount written on the receipt. Such a discrepancy is a violation of the offer in trade.

Offer - what does it give to participants? Such a document provides freedom of action to the second party, which has the right to ignore the transaction or make its own adjustments. It is less profitable for the offeror, since this participant depends on the decisions of other persons and takes on more obligations. This form is most often used in retail trade, nationwide; in international trade it is used extremely rarely.

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An offer is a proposal addressed to a certain or indefinite number of persons, containing all the essential terms of the proposed transaction and clearly expressing the intention of the initiator to conclude an agreement with the addressee. Such a capacious definition of this term is not easy to understand, so we will look at what an offer is in simple words, what its types are, why it is incorrect to say “offer agreement” and, finally, what the phrase “is not a public offer” means, which can often be found on advertising goods and services, modestly hidden somewhere in the lower corner of an advertising poster?

Offer. What is this in simple words? Real life example

The ancestor of the word “offer” is the Latin “offero”, which means “I offer”. First, this word migrated to the French language, transforming it into “offrir” - “to offer a price, to transfer.” The Russians borrowed this term in the 19th century from the French and gave it the meaning of “offer to conclude a deal.”

In simple terms, an offer is an appeal from a supplier (contractor, seller), sent in writing or orally to a specific person or group of persons with an offer to purchase goods or services. Moreover, the one who approaches you with such an offer (he is called the offeror) undertakes to conclude an agreement subject to the consent of the addressee, even verbal. The addressee (to whom the proposal is sent) is also called an acceptor, and his consent is called acceptance.

An offer, for example, will be a business letter (commercial offer) from one legal entity or individual entrepreneur to another with an offer to buy a batch of goods in such and such a quantity, at such and such a price, with delivery at such and such time and terms of payment (immediately or with). Acceptance will be a counter letter with acceptance of this offer or a telephone call with consent to formalize the transaction (in the form of an agreement).

An even simpler example is the proposal you made to your neighbor in the vestibule to buy light bulbs one by one after they burned out. If the neighbor agrees (he accepted your proposal), then your offer was successfully completed by an oral or written agreement (contract) that arose between you.

A real life example can be seen below.

Pay attention! The acceptor's silence is not recognized as his automatic consent to accept the offer, unless other conditions are specified in the text of such an offer (Article 438 of the Civil Code of the Russian Federation).

Any offer has its own validity period - the time that is given to the acceptor to make a decision and give a response.

The offer must satisfy the following principles:

• targeting, i.e. targeting a specific circle of people;
• materiality – the mandatory content in the text of the document of the essential conditions on which the transaction will be concluded. In our example, the essential conditions are unambiguous information about the cost of the product, its quantity, conditions and delivery time;
• certainty – it must clearly follow from the text of the appeal that the offeror intends to conclude an agreement on the proposed terms.

During the period allotted to the addressee to make a decision, the offer cannot be withdrawn (Article 436 of the Civil Code of the Russian Federation). But if the possibility of early withdrawal is spelled out in the text of the proposal itself, then premature withdrawal will be possible.

“Offer Agreement”. Is it correct to say this?

Sometimes in the business environment you can hear the phrase “offer agreement”. It is important to know that an offer in itself is not considered a contract. This is just a prelude to it, a preliminary invitation to cooperate - nothing more. The contract itself is concluded later, but on the conditions that were specified in the offer.

The official interpretation of the term, as well as the main nuances of its application in practice, are spelled out in the civil legislation of the Russian Federation (Article 435 of the Civil Code of the Russian Federation) and are regulated by it.

Samples for review and download

You can view and download a sample offer (a ready-made form to fill out) below.

Types of offer

There are 4 main types of offer:

1. Free - the offer is sent to several persons who are consumers of a certain group of goods. Such an offer is always aimed not at sales, but at studying demand in a certain market segment. An example would be a newsletter from an Internet provider to its customers with information about new additional services and tariff plans.

2. Public – for a wide range of people (but more on that a little later).

3. Solid. Here the offer is aimed at a specific citizen who has every chance of becoming a client of the seller-offerer. An example is sending information to depositors about preferential lending programs for existing bank clients.

4. Irrevocable. Aimed at anyone who wishes to enter into an agreement. At the same time, the offeror cannot cancel the offer he made, i.e., withdraw it. This type of offer is most common in the area of ​​securities trading. Example: a large company that issued shares offered to buy these securities from its shareholders.

The form of the offer can be oral or written.

Public offer

What is a public offer? This is a proposal to conclude an agreement, which is addressed to an indefinite number of persons. Moreover, the number of such recipients is also unknown in advance.

The simplest example of this type of offer is an ordinary price tag in any store. The store, represented by its director and sellers, offers you to buy the product for the price indicated in the price tag, and cannot refuse you if you have agreed to purchase this product. You say that you want to buy it and give the cashier money, i.e. you make an acceptance (accept the offer), and at the same time become an acceptor.

An important condition of a public offer is that anyone can take advantage of the offer.

The word “public” itself says a lot. For example, that such offers are distributed, as a rule, through sources with a wide range of users - media, Internet resources, print publications, etc.

A public offer can be expressed not only orally or in writing, but also in specific actions of the seller. This includes displaying goods in store windows, distributing catalogs, various demonstrations and tastings, and even restaurant menus. All these actions will be considered an offer even if the merchant does not indicate the price of the goods.

Another example of a public offer can be information posted on the web page of an online store:

• range of goods;
• their cost;
• terms of delivery and payment;
• seller's guarantees.

BUT if the disseminated information indicates that only a certain segment of the population can take advantage of a special offer or the same online store does not indicate the delivery procedure or the range of its guarantees, then such an offer will not be considered a public offer. This is just a call for cooperation and nothing more. Thus, a public offer is only if the offer of goods or services contains essential conditions! (Article 437 of the Civil Code of the Russian Federation)

The phrase “is not a public offer” – what does it mean?

Strictly speaking, advertising, unless it contains specific conditions for the sale of a product or service, is not recognized as an offer. This is understandable, because the main goal of any advertising is to present your product favorably and thereby outshine your competitors. Therefore, sometimes (or rather, often) advertising brochures are silent about the true terms of the transaction. For example, “famous” loans at 0%, which, in fact, in most cases are not like that (Why? Read).

In some advertising brochures and banners you can find the phrase “prices are not a public offer.” What does it mean? It's simple - the seller simply leaves himself the opportunity to retreat. It is unprofitable for any advertiser to have his advertisement classified as an offer, because in this case he is obliged to sell the product only at the stated price and with the stated characteristics. Therefore, the advertisement clearly states that this offer is not a public offer or makes reservations. For example, in a car advertisement it may be stated that this offer is only available in a certain configuration.

As a rule, advertising is an invitation to an offer, but again we add that if it contains essential conditions, it is a public offer, i.e. the seller advertising the product is obliged to sell it exactly on the terms specified in the advertisement. Otherwise, he will have problems with the law; in other words, he can be sued for false advertising. By the way, according to Art. 11 of the Federal Law “On Advertising”, if an advertisement is recognized as an offer in accordance with the Civil Code of the Russian Federation, then such an offer is valid for two months from the date of distribution of the advertisement, provided that a different period is not specified in it.

Thus, an offer is an invitation to cooperation, which entails the conclusion of a corresponding contract or agreement. How this agreement is concluded - verbally or in writing - does not matter. And if at the store checkout they try to sell you a product at a cost exceeding the price tag, know that this is a violation of the public offer agreement and is punishable by law.

An offer is an offer to carry out a transaction to one person or group of persons, whether individuals or legal entities. An offer can be ordinary or public, depending on the agreement submitted for agreement.

The offer has the form of a draft agreement to the desired counterparty or the form of a business letter; in this case, the draft is drawn up when the parties meet after agreeing on all points of the future agreement.

An example of an offer in everyday life could be an offer from one neighbor to sell him this or that agricultural product to another, that is, an offer can also be in the form of an oral offer (in words).

An offer with foreign partners must be drawn up and regulated in accordance with the international UN Vienna Convention of 1980. It is very important to initially determine the normative acts - the Civil Code of the Russian Federation or the UN Vienna Convention, which will be used as a regulator of further actions.

So, an offer is necessary to make an offer to a counterparty or circle of addressees you are interested in.

If you need parental leave, this information will help you find out everything.

In international practice, the offer is divided into several types:

1. Public is a contract sent to several addressees or an unlimited number of people. For example, an offer of Internet services or lending. Any person who has access to this document can accept the offer, for example, on the official website of a credit institution, accept the offer and receive funds on the card online. If, for acceptance, it is necessary to perform a number of actions, for example, submit an application, then such a person receives the right to demand fulfillment of the terms of the contract.
2. Free– takes place in world practice, intended for a certain number of counterparties, carries a proposal for further negotiations. It does not have a clear time limit and does not oblige the offeror to anything.
3. Firm – the letter is addressed to only one client, consists of clear clauses of the contract, has time limits for the acceptor. If the buyer does not respond in a timely manner, the offer can be offered with the same conditions to another counterparty.
4. Irrevocable – an example of this would be a company’s appeal to its shareholders. The name itself suggests that the offeror will not be able to withdraw the offer back, unless in writing by sending a review along with the offer.

Requirements under the Civil Code of the Russian Federation

The main provisions on the offer in accordance with the Civil Code of the Russian Federation are as follows:

• The offer must contain clear intentions of the offeror to complete the transaction;
• Sent, depending on the type, to a specific or several addressees;
• Contains all the basic terms of the agreement inherent in certain actions, depending on the type of offer made - sale or certain works;
• An offer cannot be withdrawn before the deadline given to the addressee for a response has expired. Of course, the right of revocation can be specified in the offer itself;
• According to the Civil Code of the Russian Federation, the defendant’s silence is not a sign of consent;
• If the acceptor liked everything and the terms of the transaction were suitable, he can sign the agreement, thereby putting it into effect, and also send an official letter to the offeror.

Interesting: despite the fact that, in accordance with the requirements of the code, acceptance is required to begin an action, among businessmen the opposite practice is also practiced, when acceptance is not waited for.

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In what cases and how is a public offer used?

A public offer is a proposal made to an unlimited number of persons for the purpose of drawing up an agreement.

In accordance with Art. 437 of the Civil Code of the Russian Federation, an offer can be accepted for an offer:

• Goods;
• Services;
• Work.

And all this for an indefinite circle of addressees.

Also, according to the law, a public offer must contain:

• Delivery times;
• Delivery procedure;
• Price;
• Guarantees.

This type of document is found in:

• Advertising products;
• Catalogs of companies offering services and goods;
• Store price lists;
• Product descriptions, etc.

It comes in various forms, the main thing is that this document contains all the necessary aspects of the contract.

If the buyer agrees, then the offeror enters into an agreement with him, and the procedure for this event is also prescribed in the offer.

Interesting: the Vienna Convention does not define a public offer, which means that the circle of addressees is immediately limited. And even in this case, if there is a clear intention in the contract, it can be subjected to the rules of the Convention.

How does a public offer differ from a regular offer?

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A public offer carries an offer to a wide range of people and clear terms of the contract, while:

• A regular offer is intended for a certain circle of people;
• Advertising does not carry specific offers, but only invites you to the desired store, where a public offer is drawn up;
• A commercial proposal is a document for a limited contingent and does not have clear contract clauses.

Important: a commercial offer may contain the price of the product and the terms of the contract, but it has a clause stating that it is not a public offer.

3 nuances of preparing a public offer

When drawing up a public offer, there are details that you should have a clear understanding of:

• Price – should the indicated prices be taken as a public offer? No, it’s not worth it - the price on the price tag is one of the points of the contract and cannot guarantee the quality of the goods, it is rather advertising, an accelerator for the implementation of the contract between the seller and the buyer;
• A public offer on the website is more of an offer to conclude an agreement, and not the agreement itself. Consent to accept this offer may be the user’s registration on the site or ordering any product;
• Shop– in accordance with Art. 494 Civil Code of the Russian Federation, the goods displayed at the places where they are sold have a public offer, unless the seller states that the samples are not for sale.

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What is an offer agreement in simple words and where can I get a sample?

An offer agreement is a document that requires a time period for proposal and signing. That is, if the parties proposing and accepting the contract cannot be in the same place to discuss it.

Download a sample document

If people interested in the contract cannot gather in one place, then the document may consist of several papers - an offer and acceptance by the counterparty.

The offer can be in the form of any document for example, a building design that contains clear intentions of the tenderer.

The response of the acceptor is of decisive importance in this case, since the contract contains the will of only the offeror, and is concluded according to the will of both parties. The response can be any actions of the customer provided for in the proposal.

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Important: the text of the offer agreement is a legal document and should contain signatures and seals only if they are necessary for the accounting report.

How to draw up and conclude an offer agreement?

When forming an offer agreement, the following nuances must be taken into account:

• Compliance of document clauses with legal requirements;
• Using a simpler procedure for drawing up a contract;
• Take into account the requirements of tax authorities and financial risks;
• Give a clear and clear position to the commercial side;
• Ensure a compromise of the interests of the signatories.

When drawing up an offer agreement, the following steps are performed:

• The exact details of the subject of the contract and other terms of the transaction are analyzed;
• The most acceptable method of concluding a contract is determined - one-time, frame with additional orders, public offer or customer’s choice;
• A more detailed consideration of the procedure for executing the contract and preparation of documentation for reports;
• Coordination of the project with the buyer;
• Resolving liability issues under the contract;
• Further support.

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After such a detailed study of the document, the customer will receive a full-fledged offer document.

There are several types of written proposal for cooperation:

• A detailed draft agreement with a description of all, even the smallest details;
• Writing with more important details in mind;
• Messages taking into account only the most necessary conditions.

You can find a sample proposal for cooperation

A business letter is composed as follows:

• All addressee data is written in the header of the document;
• Serial number and date;
• In case of a response to someone’s commercial proposal, the details of the received letter are indicated;
• Title;
• If the letter is addressed to the manager, an appeal is written;
• Body of the offer – indicates the conditions under which signing the contract is possible;
• Signature of the offeror with a full transcript and indication of position.

Conclusions

To be completely sure of what kind of document is in front of you and how to act correctly in a given situation, you need to arm yourself with all the knowledge about the intricacies of drawing up similar documents.

The main thing is to understand that an offer is not a document obligatory for acceptance, but only an invitation to cooperation.

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