“The information is not a public offer!” - we often hear this phrase in radio advertisements and see it on TV. The first thing that comes to many people’s minds is that there are “pitfalls” hiding somewhere or that we are being deceived and not being told something. In fact, such thoughts are not far from the truth. In the article we will answer the question of what “is not a public offer” means. We’ll also talk about the purposes for which this phrase is needed in advertising messages and what will happen if you don’t use it.

Concept

So, we saw or heard the phrase “is not a public offer.” What does it mean? First, you need to understand the concept itself.

An offer is an offer by one of the parties to make a purchase to the other party. This is how Russian legislation interprets this concept. In other words, an offer is an offer from the seller (offeror) to the buyer (acceptor).

The acceptor may not necessarily be one person. By this concept, the Civil Code also includes an unlimited circle of persons. It is the latter circumstance that gives rise to such a concept as a public offer. Let's look at it in more detail.

What is a public offer?

Under what conditions is an offer not a public offer? This question can be answered from the definition.

Public offer- this is an offer of a product in its advertising, catalogs and descriptions addressed to an indefinite number of people, if it contains all the terms of the contract retail purchase and sale.

For example, you saw a catalog with cosmetics. It contains all the information about the product: price, characteristics, composition. You responded to the offer, but you received a response from the manufacturer: “We apologize, but this offer is not a public offer.” Next, you learn that the manufacturer is testing the price of a new product on the market, and he realized that the initially announced price was lower than what he could sell it at.

In this example, the phrase “offers are not a public offer” will not help him. Art. 494 of the Civil Code obliges the seller to complete a transaction with anyone. In this case, you can safely contact Rospotrebnadzor and the court for compensation. moral damage.

However, it is worth noting that if the seller refers to the limited availability of the product, then in this case it is useless to contact the regulatory authorities and the court. The seller will not bear any responsibility if the warehouses simply run out of goods. Therefore, you may receive an answer with an apology that this product simply does not exist from the catalog, despite the fact that no one was going to sell it to you. It will be extremely difficult to prove otherwise.

Signs of a public offer

Sometimes the explanation “is not a public offer” is illegal. Article 437 part 1 of the Civil Code gives us clear parameters of the offer:

• availability of all essential terms of the agreement in the information;
• the advertiser’s clear desire to sign an agreement with everyone on the specified conditions;
• unlimited number of persons.

For example, if the advertisement contains an announcement: “We will give a second refrigerator of the same kind to anyone who buys the first one,” then in this case the information can be classified as a public offer, and not as an informational announcement, even though somewhere there will be a warning message to the contrary.

Public offer in retail stores

Almost all people go to regular stores for shopping. Products on store shelves are a clear example of a public offer, even though they do not have price tags. However, this rule has one very significant exception: if the seller independently determines that the product is not subject to sale, then it will not be possible to buy it.

Is the price a public offer?

There is one sore point in many shopping centers - the discrepancy between the real price and the declared one. In other words, you take the goods for 50 rubles, and at the checkout they tell you that there was a revaluation in the morning, and the employees did not have time to change the price tags. Now this product costs 60 rubles. This situation happens all the time at every step. Sometimes such disagreements between the seller and the buyer are resolved peacefully, but there are also conflicts on this basis. Often the situation is aggravated by the cashiers themselves, declaring that the prices are not a public offer. In fact, this is not so: prices according to the Civil Code Russian Federation, are a documented proposal. If the seller has set a condition for the sale of a product - a price, then he is simply obliged to sell it according to this condition (price).

Advertising and public offer: what is the difference?

Many citizens cannot distinguish ordinary advertising from a public offer. These are different things. And the phrase “a public offer is not an offer” is not always legal and justified. Also, the absence of such a phrase does not mean the opposite. Let's look at this in more detail.

Advertising - an information offer - is informational information with the aim of conveying the advantageous characteristics to the mass user. They may not contain the inscription “not a public offer.” However, this will not mean that the seller is obliged to fulfill everything he promised. As a rule, advertisers often play it safe because arbitrage practice shows that courts often punish dishonest people.

Let's give an example. In advertising you can see information about discounts on products up to 90%. Such a marketing ploy is no longer new. Many have already learned to block such information on a subconscious level. The key word here is “Before”. It means that up to 90% is both 1% and 89%. Even if there is one piece of chewing gum in the store with a 90% discount - this is what marketers mainly do - the seller already has the right to write such an advertisement on all windows.

Let's look at another example related to price. Retail outlets can write something like the following announcement on street posters: “Three days only! Cabbage for 6 rubles per kilogram.” This price serves as an invitation to visit the store and try to purchase a vegetable at the declared price. However, in practice, the store brings only a few kilograms of a certain type of product, and it is usually sorted within one hour. All other cabbage of a different variety is available at market prices. And the arriving buyer has no choice but to purchase the goods at the current price, at the same time buying something else and at the same time scolding the store with bad words for false promises.

Online stores

Information, including prices in the online store, is not a public offer. This is due to the fact that the sites do not indicate specific conditions, for example, the period for transfer of goods, delivery conditions, etc.

An online store is not an ordinary store where a buyer can enter, take a product, pay for it and leave. Selling in it involves whole line actions: order acceptance, preparation, payment, sending, receiving. Therefore, the price in online stores, like any other information on it, is not a public offer. It may depend on conditions transport company, from an individual discount, from a payment method, etc.

What action in the online store will be considered an offer?

Despite the fact that the price on the online storefront is not a public offer, this does not mean that buyers do not have any rights. After site visitors select an item to add to their cart, a link to checkout appears. It is here, as a rule, that all final cost purchase, as well as additional conditions: calculation, delivery time, guarantees, return methods, etc. By clicking on the “place an order” button in the online store, both parties sign an agreement, which will be interpreted as an offer. Next, one party must pay for the order, and the other must fulfill the conditions for its transportation.

What does the indication “not a public offer” mean?

So, we have covered the concept of a public offer. Examples were given with explanations. Now let's look at it in practice. Let’s say we saw the inscription “not a public offer.” What does this mean for consumers? In practice this could mean the following:

1. There is a possibility that the consumer will not be able to make a purchase on the terms stated. You need to understand that advertising is just information that only encourages people to visit the advertiser's outlet. She bears no obligation to conclude an agreement for the latter.
2. Conditions, as a rule, are designed for a limited number of people. It's usually written in small print that no one reads. For example, if the advertisement says approximately the following information: “we will approve a loan at 13.9% per annum,” then you can definitely read below whole list conditions. This includes the down payment, the maximum loan term, the minimum income of the borrower, etc.

Violation of offer

An offer is a contract. By agreeing to it, each party becomes a party to the transaction. Failure to comply violates the law on public offers. The defendant may be held liable under the Civil Code of the Russian Federation. For buyers, this violation usually results in the deal being broken and that's the end of it. But for the seller, violation of a public offer can lead to significant fines from regulatory authorities, as well as compensation for moral damages and other negative damage that is possible in case of non-compliance. Therefore, we advise novice online store owners to be very attentive to their responsibilities and comply with all the terms of the public offer.

Public offer what is it? Nice to see you again! My mother began studying online stores and, realizing that there was more choice there and prices were lower than in retail outlets, she completely switched to online shopping.

But imagine her indignation when one of the online stores did not give her any forms, neither warranty nor return.

At this point I came to the rescue and began writing letters to the administration demanding compliance with all the rules of the public offer. Since then, all forms have arrived intact and safe. So that you can quickly understand this situation, I recommend reading this article.

Imagine that a guy makes a formal marriage proposal to a girl. That is, he did not blurt this out casually as a joke, but invited relatives and followed all the required customs and traditions. The girl will still think about whether to answer him yes or no.

But the guy has already signed up and has an obligation, so he can’t take back his words and change his mind. This is what an offer is, only this concept is used not in personal relationships, but in the business world.

Warning!

In essence, an offer is a clearly expressed, most often written, intention to enter into an agreement. The intention must be completely definite, that is, the offer is addressed to a specific person or persons, contains a clear willingness to enter into an agreement and indicates the specific conditions under which it will be signed. The offer can be sent in the form of a letter, fax, telegram, as well as in the form of a draft agreement.

The person who sent the offer becomes bound by certain conditions. This means that if the addressee accepts the offer, the seller is obliged to fulfill contractual obligations. An offer is a document that has full legal force, which comes into force upon receipt by the addressee.

An offer is considered not received only if, simultaneously with it or before its receipt, a notice of its withdrawal is received. An offer cannot be withdrawn by the person who sent it before the expiration of the period for obtaining consent specified in the document, or if the possibility of revoking it is not provided for by the offer itself.

A firm offer is offered to one specific person. It establishes a certain period during which the initiator of the proposal is bound by a contractual obligation - the consent of the addressee must be obtained within this period.

A free offer is offered to several potential buyers at once. As a rule, it is sent as an offer to begin negotiations and serves the purpose of preliminary market research.

A public offer differs in that it is addressed to an indefinite number of persons. It specifies the basic terms of the contract and clearly expresses the intention to conclude it with everyone who responds.

For example, if an Internet provider sends a mass mailing offering its services, and 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 respondents, unless otherwise provided by the offer itself.

Attention!

source: http://setadra.ru/

What is a public offer

IN Everyday life We receive various offers every now and then. And quite often we accept them. Let's figure out how this happens and how an offer differs from a contract. Offer is a term that is derived from the Latin verb “to offer.” Thus, an offer is an offeror's proposal to enter into a transaction with an acceptor.

The offeror is the initiator of the offer. He can formulate his proposal in writing or orally. However, only written acceptance can be considered evidence of acceptance of an offer. An offer is the first stage of concluding an agreement. If the acceptor (the one to whom the offer is addressed) agrees to enter into a transaction, he must put it in writing.

He has the right to draw up a counter-offer regarding the terms of the transaction (for example, timing and volumes of supplies). The offeror, having considered the counter-offer, can either agree to fulfill the conditions or declare the impossibility of concluding a deal.

The recipient of the offer (acceptor) can simply ignore the offer received from the offeror if the deal is not interesting to him. After a certain period of time (specified by law), the offeror can make a new attempt to come to an agreement - this time with another acceptor.

The offers are:

1. solid (addressed to a specific person);
2. free (focused on several acceptors);
3. public.

A public offer is an offer to sell a product/provide a service addressed to an unlimited number of persons. In other words, anyone can act as an acceptor of a public offer.

Advertising placed in the media, the Internet and print publications can be considered an offer of this type - but only if its text contains all the terms of the contract. In reality, sellers rarely list all the details of the deal in advertisements, and therefore the latter are just a “hint” of the offer.

Advice!

In addition, the seller can make adjustments to his offer if it is beneficial to him.

Public offer of an online store

A clear example of a publicly available offer is an offer from an online store. The page of such a store contains all the information the acceptor is interested in: characteristics of the product, its price, delivery time and payment methods.

By making a purchase (placing an order) in an online store, the client simultaneously gives acceptance (agrees with the offer) and enters into an agreement with the offeror. Thus, the store's offer is both an offer and a contract.

Warning!

Typically, the seller notifies the buyer of this fact before he makes the payment. An offer agreement can be concluded with both individuals and legal entities, and does not require specification.

The offer agreement contains sections and clauses devoted to the conditions and terms of provision of services, prices for them, responsibility of both parties, force majeure circumstances and special conditions.

Can prices be considered a public offer?

The price of a product/service is just one of the conditions for concluding a contract. Therefore, it cannot be perceived as a public offer. Price tags in online stores, on supermarket shelves, in advertising brochures are an invitation to an offer, and not an offer as such.

Posting a public offer on the Internet

By posting his offer on a particular website, the seller invites all interested parties to complete a purchase and sale transaction.

In addition, the offeror's proposal may consist of performing some joint actions. The acceptor confirms his agreement with the terms of the offeror by registering on the site, placing an order or paying for a purchase.

Sanctions for violating a public offer

The offer expresses the will of only one party, therefore the offer is considered by lawyers as a one-sided transaction. For a contractual relationship to arise, it is necessary that the other party accepts the offer.

After this, each party assumes certain obligations. Violation of such entails liability provided for by the Civil Code of the Russian Federation, if the actions of the violator are not dictated by the desire to commit a crime.

It is important to note that an offer that the addressee has already received is irrevocable unless otherwise stated in its text. But, one way or another, an offer is not a contract yet, but just an invitation to complete it. The contract, in turn, can simultaneously be a public offer.

source: http://www.temabiz.com/

How to understand that this is a public offer An offer is an offer to enter into an agreement for the supply of goods or the provision of certain services. The offer is made in writing. It may be sent to one or more persons.

The offer must set out the conditions for the supply of goods or the provision of services, as well as deadlines and other information that can attract the attention of the buyer.

An offer usually precedes a contract if required by law. In other cases, the offer itself can serve as a contract. The recipient of the offer can agree to the proposal, then the consent is formalized in writing.

He may, upon accepting an offer, send a counter-offer to the supplier, i.e. his proposals for delivery, terms and conditions. In this case, the parties either agree on the terms or refuse to complete the transaction.

Warning!

In addition, the buyer can simply remain silent after receiving an offer. This means that the potential buyer is not interested in the transaction and after the time established by law, the supplier can send its proposals (offer) to another possible buyer.

An offer is called firm if it is directed to one specific person. An offer is called free when it is sent to several persons.

There is also such a form of offer as a public offer.

Public offer - what is it?

A public offer is considered to be an offer for the supply, sale or provision of certain services sent to persons, the number of whom is not determined or specified.

That is, the buyer in this case can be any person who responds to the offer. An example of a public offer is an advertisement that contains the supplier’s conditions, delivery dates, prices and an offer to conclude an agreement in one form or another.

Sometimes the seller specifically states in his advertisement that it cannot be considered a public offer. This means that there are additional terms and conditions that the seller will lay out when concluding the contract or negotiating the deal. The seller also reserves the opportunity to change the terms of the transaction if compliance with them turns out to be unprofitable for him.

As an example of a public offer, we will give an offer from an online store. Actually, it does not differ in anything special from generally accepted contracts for the sale and supply of certain goods.

The difference is that the seller directly indicates in the introductory part that this agreement is both a contract and an offer, and also that it is sent to any persons: both individuals and legal entities, without specific indication to whom exactly .

This is followed by standard chapters and paragraphs talking about the conditions and terms of delivery, prices, responsibilities of the parties, force majeure circumstances, special conditions etc. If the buyer places an order, this means that he agrees with the terms of the offer.

Are prices a public offer?

This question comes up very often. Let's try to answer it. Prices for certain goods are one of the conditions of the offer agreement. The prices themselves are not a public offer. The cost of goods indicated on price tags in retail stores or online stores are only advertising, an invitation to a transaction or conclusion of an agreement.

Public offer on the website

A public offer posted on a particular website is nothing more than an offer to conclude an agreement, for example, for the supply or performance of certain actions, either by the person who published the offer, or for joint actions.

Advice!

Such agreements include transactions agreements purchase and sale, and for holding joint events. Consent with the proposed offer can be expressed by registering on the website of the person who proposed the offer or by ordering a particular product.

Violation of a public offer

Both the person who offered his offer and the person who accepted it enter into certain contractual relations. These relationships can be either formalized by an agreement or remain sealed by an offer.

If either party violates its contractual obligations, liability arises within the framework of the Civil Code of the Russian Federation. Unless, of course, there is intent to commit a crime in the actions of the party that violated the contract.

source: http://delatdelo.com/

Distinctive features of the offer

According to Russian law, the offer must:

1. be sufficiently specific;
2. express the person’s intention to consider himself or herself to have entered into an agreement with the addressee;
3. contain all essential terms of the contract.

Features of the offer:

• The offer must contain the essential terms of the contract
• 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.

An offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise specified in the offer itself or follows from the essence of the offer or the situation in which it was made.

Public offer. Signs of a public offer

• Advertising and other offers addressed to an indefinite number of persons are considered an invitation to make offers, unless otherwise expressly stated in the offer.
• A proposal containing all the essential terms of the contract, from which the will of the person making the proposal is discerned, to conclude a contract on the terms specified in the proposal with anyone who responds, is recognized as an offer (public offer).

Acceptance of offer

1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.
2. Acceptance must be complete and unconditional.
3. Silence is not acceptance, unless otherwise follows from the law, business custom or from previous business relations sides
4. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract 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 revocation of acceptance was received by the person who sent the offer earlier than the acceptance or simultaneously with it, the acceptance is considered not received.
• When the offer specifies a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer within the period specified in it.
• When a written offer does not specify a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer before the end of the period established by law or other legal acts, and if such a period is not established, within the time normally required for this.

When an offer is made orally without specifying a time limit for acceptance, the contract is considered concluded if the other party immediately declares its acceptance.

1. In cases where timely notice of acceptance is received late, the acceptance is not considered late unless the party sending the offer immediately notifies the other party of the late receipt of acceptance.
2. If the party that sent the offer immediately notifies the other party of the acceptance of its late acceptance, the contract is considered concluded.
3. A response indicating consent to conclude an agreement on terms other than those proposed in the offer is not acceptance; such a response is recognized as a refusal of acceptance and at the same time a new offer.
4. If the contract does not indicate the place of its conclusion, the contract is recognized as concluded at the citizen’s place of residence or location legal entity who sent the offer.

source: http://infa24.narod.ru/

What is an offer? An offer is an offer to one or more persons to enter into an agreement on predetermined conditions.

In Russia, the offer is regulated by Art. 435-449 of the Civil Code.

According to current legislation, “an offer is an offer addressed to one or more specific persons, which is sufficiently specific and expresses the intention of the person making the offer to consider himself to have entered into an agreement with the addressee who will accept the offer.”

In this case, the offer must necessarily contain the essential terms of the contract. In order to conclude an agreement on the basis of an offer, it must be accepted.

In practice, an agreement in the form of a public offer is used by a number of banks offering, for example, their loan products. The official website contains essential conditions, and also states that the proposal serves as an offer and filling out the loan application form is an acceptance.

After a potential client has filled out an application, from the point of view of the law, it is considered that he has accepted the offer - accepted it - and the contract has already been concluded on the terms specified in the offer. Thus, credit institutions act in order to protect themselves from useless work - reviewing applications, establishing the client’s creditworthiness, etc.

In a number of cases, there is another approach: on the contrary, the bank considers a client’s request for a loan to be an offer, and if a financial institution, after checking the borrower’s data, decides to issue a loan, then by law it accepts this offer. A special account is opened for the client, into which the requested amount is credited - without signing any additional agreement.

In order to avoid misunderstandings in the future, it is always necessary to clarify which document the client is filling out and whether his actions constitute the preparation of an offer for the bank or the acceptance of a particular offer.

Advice!

In addition, dealer activity in the market is based on the offer principle. valuable papers. When a market participant puts up quotes on an exchange or over-the-counter market - an offer to buy or sell a certain number, for example, of shares, this is an offer.

By sending a counter application, the other participant accepts it, and the transaction is considered concluded. The Forex currency market operates on the same principle, as do bank quotes for precious metals.

source: http://www.banki.ru/

Public offer - what type of contractual relationship is this?

What is a public offerKnowledge of the laws is a real guarantee of security in ensuring your legal rights. Unfortunately, many people face difficulties in everyday life, precisely because of ignorance in some legal aspects. Which often also entails financial losses.

Every day, we make transactions, accept offers and enter into public offer agreements, without even knowing it! How does this happen? Let's look into these issues.

What is an offer

Every day we hear that many companies publicly offer us their goods or services under certain conditions, hoping to interest us in their offer. If we are satisfied with any of these offers, then we can respond to a profitable deal.

This type of relationship is called an offer. A specific person (the offeror) makes a formal offer to another person, or group of people (the acceptors), to enter into a legal contract under certain conditions.

This type of contract comes into force only at the moment the acceptor accepts the terms of the contract, that is, when purchasing a product or service. If the product or service is not purchased, then the offer is not accepted, in which case no one is under any obligation.

What is a public offer

We constantly hear advertisements on TV, or read advertisements in newspapers, visit stores with various demonstrations and advantageous offers, study many sites that invite us to make “our choice” - all these offers, if they stipulate any specific conditions for completion of a transaction are proposals to make a public offer.

According to Article 437 of the Civil Code of the Russian Federation, a public offer is:

That is, a public offer is an offer addressed to an indefinite circle of persons, which contains all the conditions for concluding an agreement, such as:

1. warranty obligations
2. delivery times and so on
3. and which publicly invites anyone to enter into this contract for sale or service.

What is necessary to conclude a public offer agreement

The law clearly states and explains what is necessary for legal relations in this area. The contract itself must contain everything prerequisites for his legal conclusion. It should contain:

• Full open information about the terms of the agreement.
• The product, its characteristics and fixed price are indicated (unless otherwise specified).
• Delivery method, payment.
• Method of concluding an agreement.
• Responsibility of the parties.
• Details of the parties.

The law insists that an offer can be drawn up in any document that will reflect the necessary conditions to conclude a deal.

Remember that this document or oral communication must indicate the person’s intention to enter into a contractual relationship with you - that is, the public offer must be addressed to you.

And you, in turn, can respond to a “tempting” offer by placing an application for a product or service and pay for your order. At the same time, accepting the terms of the offer.

Warning!

If you have performed such actions, you become a party to a contractual relationship, that is, you undertake responsibilities for their implementation. Just like the organization that offered you the offer, now also has obligations to you to fulfill the terms of the public offer agreement.

What you should pay attention to when concluding a public offer agreement

Public offer Study all the terms and conditions of the offer agreement Never rush to accept a lucrative offer without studying all the nuances and hidden motives.

You, in turn, can respond and study the terms of the “agreement”. And when you paid for it, or submitted an application for purchase, you became a party to the agreement. After all oral form agreements are not against the law!

Read the conditions, it may indicate that the organization can replace the product or increase the price. And if you agreed, then you accepted their terms!

Or, for example, you received a letter from a bank that offered you to use their money (for example, credit card), and you, in turn, were very happy, but did not read the terms of the agreement - the bank made an offer.

If you withdrew money, that is, took advantage of the offer, you accepted the terms of the offer. This is a public offer agreement that gives rise to your rights and obligations to the party who offered it. If you ignored it, having read the contract to the end and realizing that it was not beneficial for you, the conclusion of a legal relationship does not occur.

Any public “invitation” to make a transaction that you have not responded to or accepted is not a public offer specifically for you! It does not give rise to the rights and obligations of a citizen towards a trading or service-providing organization!

In what cases is a public offer agreement not considered concluded?

There are cases when an agreement is proposed, you accept it, and the party tries to add clauses to the agreement or completely change its terms - in this case, you can go to court to protect your rights!

Attention!

For example, you receive a catalog with products, you select the product and pay for it, that is, you confirm your acceptance of the offer and agree to the terms. The owner tells you that you need to purchase a number of more products in order to get the one you like.

Such actions are illegal and violate your rights (unless, of course, this was spelled out in small letters in the agreement).

You must clearly know in which case the offer agreement is not concluded:

1. If the offer does not specify the terms of the agreement.
2. It does not comply with current legislation.
3. You did not respond to the offer and did not take any action to confirm it.
4. You have been provided with false information
5. In a world of information flow, even knowing our rights, it can be difficult to understand what truly triggers our obligations and what confers legal rights.

We use the Internet, make purchases and order services. Are advertisements a public offer in this case?

Offers to use services or purchase a necessary product are a written “invitation” to take action. That is, the seller clearly indicates his intention to conclude an agreement, addressing messages to a wide range of users. These conditions must be specified in user agreements, where it is clearly stated that this is an offer.

By clicking on the “I Agree” button, you give your consent to enter into a legal relationship.

But if you are involved in retail trade - buying or selling your goods, you become a “party” to the contractual relationship. They offer you a product, you can negotiate the price, find out about the quality of the product, agree on the terms of such an “agreement” and make a purchase - this is an oral offer in which you have become one of the parties to the contract. The receipt confirms the legality of the transaction, and in case of non-compliance with quality requirements, you are protected by law.

However, in the case when you are offered something, but the following are violated:

• agreement conditions
• price not specified
• terms of purchase are not clear
• there is no clear expression of will to make a deal with you

then this offer is not a public offer!

Is advertising a public offer? Advertising is not a public offer if it does not contain an offer to conclude a transaction. In this case, she only informs about the availability and advantages of the product, but does not offer to conclude a deal on this basis. She just invites you into the store so that the deal can take place there.

I’ll get ahead of myself a little, but everything will quickly fall into place. There are the concepts of “public offer” and “public contract”. The word "offer" comes from the Latin adjective offertus, which translates as "offered". A public offer is when someone (for example, a seller of that same chewing gum) offers everyone, anyone, that is, an indefinite circle of people, to buy their product. So in bazaars, markets, shops. This is not an appeal from IP “Pupkin” to IP “Pukhlomakukhin” with an offer to buy an aircraft from him in order to fly “to where we are not.” This is an appeal from the individual entrepreneur “Pupkin”, which sells chewing gum, “pinzhak”, crumb collector or torsion field accelerator, to everyone around (potential buyers, consumers) with an offer to buy his product. This sentence in principle contains (must contain by law) all the essential terms of the contract. If someone (a passerby) accepts this offer (and he accepts it, of course, not with a nod of his head or a wave of his hand, but with an action, a purchase), then he thereby already enters into a public contract. Such an agreement is usually concluded orally. Millions of such oral agreements are concluded in Russia every day.

The seller of the product (or service), for his part, offers, announces a public offer. What about the consumer? The consumer agrees or disagrees. If he agrees and enters into a relationship with the offeror, then... in Latin law this was called the simple Latin word “acceptance,” that is, “consent.” “Accepting” a proposal means “giving consent to the proposal.”

There are sellers and there are consumers. But is there a possibility of buying milk that turns out to be sour? Eat. That is why the law “On the Protection of Consumer Rights” exists.

What if you go to a store to buy bread, and the seller doesn’t want to sell it to you? This is illegal. He has no right to interfere with your desire to buy anything, he is obliged to sell you what you asked to sell, because he, his store and his product are an expression of a public offer. Who is the seller? This is a representative of the seller as such, this employee. Hired by whom? Well, for example, the hired LLC “On a penny of nickels”. You have the right to insist that the goods be sold to you, and to complain to the management of this seller - the management of this LLC “On a penny of nickels”. If the management does not want to sell you the product (which, of course, does not happen in reality), then you should write a complaint to Rospotrebnadzor. Of course, there is also the right to file a lawsuit... But let’s not get into the weeds yet...

The Code puts it all this way:

Article 492. Retail purchase and sale agreement

1. Under a retail purchase and sale agreement, the seller engaged in retail sales of goods undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to the retail activity.

2. A retail purchase and sale agreement is a public contract (Article 426).

3. Laws on the protection of consumer rights and other legal acts adopted in accordance with them apply to relations under a retail purchase and sale agreement with the participation of a citizen buyer not regulated by this Code.

Article 435. Offer

1. An offer is a proposal addressed to one or more specific persons, which is sufficiently specific and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer.

The offer must contain the essential terms of the contract.

2. 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.

Article 438. Acceptance

1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.

Acceptance must be complete and unconditional.

2. Silence is not acceptance unless otherwise follows from the law, agreement of the parties, custom or from previous business relations of the parties.

3. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided law, other legal acts or not specified in the offer.

Article 426. Public contract

1. A public contract is an agreement concluded by a person engaged in commercial or other income-generating activities, and establishing his obligations for the sale of goods, performance of work or provision of services, which such person, by the nature of his activities, must carry out in relation to everyone who applies to him ( retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc.).

A person engaged in commercial or other income-generating activities does not have the right to give preference to one person over another person in relation to the conclusion public contract, except for cases provided for by law or other legal acts.

2. In a public contract, the price of goods, works or services must be the same for consumers of the corresponding category. Other conditions of a public contract cannot be established based on the advantages of individual consumers or the provision of preference to them, except in cases where the law or other legal acts allow the provision of benefits to certain categories of consumers.

3. The refusal of a person engaged in commercial or other income-generating activities to conclude a public contract if there is an opportunity to provide the consumer with the relevant goods, services, or perform the relevant work for him is not allowed.

In the event of an unjustified evasion by a person carrying out commercial or other income-generating activities from concluding a public contract, the provisions provided for in paragraph 4 of Article 445 of this Code are applied.

4. In cases provided for by law, the Government of the Russian Federation, as well as federal executive bodies authorized by the Government of the Russian Federation, may issue rules binding on the parties when concluding and executing public contracts ( standard contracts, provisions, etc.).

5. The terms of a public contract that do not meet the requirements established by paragraphs 2 and 4 of this article are void.

Dmitry Usoltsev

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

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

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

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

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

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

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

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

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

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

Offer and contract

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

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

Examples of offers from everyday life

Any 2 citizens, firms, public associations can send a proposal 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 a store and purchasing a product, you give the seller your consent in advance to the terms of the purchase and sale agreement that is expected to be concluded between you. Legally, this consent is expressed in the fact that you purchase a product of established quality, weight, volume at a certain price.

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

The price tag is a guarantee that all information provided about the product is reliable. Ideally on back side There must be a store seal and the signature of the person in charge, since the price tag is not just paper, but a full-fledged legal document.

Offer in advertising offers and product catalogs

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

Loan agreement with the bank

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

Types of offer

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

• hard;
• irrevocable;
• free.

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

Public offer

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

A public offer is characterized by several features:

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

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

Firm offer

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

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

Irrevocable offer

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

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

Free offer

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

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

How to make an offer

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

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

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

In our lives we often have to deal with expressions, words, names, the meaning of which is unknown to us. Well, for example: what does “is not a public offer” mean? But this expression is regularly found on billboards or in blocks of advertising on TV.

Let's take a closer look at the concept of an offer

Offer means “to offer” in Latin. With the help of a public offer, it is proposed to conclude transactions, sell, supply or provide services. At the same time, any interested person can become a buyer of goods, services, etc. A typical example of a public offer is an advertisement listing all the conditions of the supplier of the offered goods, services, etc. As a rule, in a public offer to potential clients companies are appealing to them to conclude contracts indicating prices for goods or services, as well as delivery times.

So what is not a public offer?

This phrase from advertising projects can be regarded as an attempt by the advertising company to take action own safety from dissatisfied customers. It's about that advertising often uses methods of attracting customers such as “free cheese”, which is, as a rule, a marketing ploy. Simply put, not everyone can take advantage of the promised favorable conditions mentioned in the advertisement. That is, the offer (proposal) is not available to the general public.

To make it clearer, let's look at examples.

1. The bank made an advertising offer for a loan with an 8% annual rate, but in reality only clients of this bank who have an open account can take advantage of it.
2. The advertisement offers the purchase of a product that has a 70% discount. There may be many people interested, but only those customers who have already made a purchase in this month have the right to purchase products. point of sale for a certain amount.

The seller (offerer) tries to provide the most accurate and truthful information, but may make changes to the offer without the need to notify potential clients/buyers.

Small or large-scale changes that are not notified by the offeror in a timely manner may come as a surprise and mislead to the audience.

If you are attracted by an advertisement and you decide to purchase the offered product only on the basis of advertising information, you need to contact the seller and clarify all the information so as not to get into trouble. Good luck with your offers and purchases!