A public offer is a targeted invitation to a deal! Offer. Public offer. Concept and examples Terms and definitions

We very often hear the words “offer”, “public offer”, “is not a public offer”, but we do not always understand their meaning. In fact, these concepts are not so far from us. Imagine the situation: a guy offers a girl a "hand and heart" and makes her an official proposal to marry him. But he said this not in jest between times, but in observance of all customs and traditions. The girl has time to think what to answer him, but the guy can no longer refuse his words, he has assumed certain obligations, he can no longer change his mind. This can be called an offer, only this concept is more often still applicable to business relations, and not personal ones. The legal concept of an offer is contained in the Civil Code of the Russian Federation. This is an offer by the offeror (some person) to the acceptor (a certain person, a limited or unlimited circle of persons) to conclude a deal (agreement) indicating all the conditions necessary for this. ( )

Public offer

« What then is a public offer? - you ask. The legal definition of a public offer is also enshrined in the Civil Code. According to a public offer is an offer of a product in its advertising, catalogs and descriptions addressed to an indefinite circle of persons, if it contains all the essential terms of the retail sale contract. From this definition, we can distinguish two features inherent in a public offer:

The public offer must be addressed to an indefinite circle of persons;

It specifies the main terms of the contract and expresses the intention to conclude a contract with everyone who responds to the offer.

Let's take an example. The Internet provider makes a mass mailing with an offer to provide its services, while indicating in this mailing all the main conditions of the future transaction (tariffs, discounts, speed, contact in case of malfunctions, etc.). In this case, such an offer will be considered a public offer. In any case, he is obliged to enter into a contractual relationship and provide the Internet services described in the newsletter to all those who respond to the offer.

Public offer in retail sale

On the other hand, if the goods are displayed on the shelves, showcases, then this is recognized as a public offer, regardless of the indication of the price and other essential terms of the retail sale contract, with the only exception when the seller has clearly independently determined that the goods are not subject to sale. It is worth mentioning one more essential condition: a public offer can only be called an offer that at a particular moment in time can be accepted by only one person. For example, selling drinks through vending machines. If the vending machine is turned on and filled with goods, then there is a public offer, and if a queue to the vending machine suddenly forms or the goods run out, then the offer is temporarily withdrawn and a certain time must pass, which the buyer must wait before the offer is renewed. It is for this reason that the Civil Code considers advertising and other offers addressed to an indefinite circle of persons only as an invitation to an offer. There is an exception to this rule. It refers specifically to the contract of retail sale. The offer of goods in the catalog, advertising addressed to an indefinite circle of persons are recognized as a public offer, but only if they contain all the essential terms of the contract. ( ). From this we can conclude that in this area such a proposal to conclude an agreement, which can be accepted by an indefinite circle of persons, can also be considered a public offer. It may happen that the seller does not have the required amount of goods, and he will not be able to execute many concluded transactions, in which case he will suffer losses that will be associated with the reimbursement of losses to the buyer.

Confusion in concepts

Unfortunately, many people confuse a public offer with advertising. These are different things. Advertising and similar offers are not a public offer. It does not contain the usual specific conditions for a deal to be made. She has a slightly different goal - to present her product in a more favorable light than competitors. Some write on product brochures that This offer does not constitute a public offer, but, by and large, in this case, this proposal does not carry any semantic load. The same can be said about the various offers on the sites. The information on the site is also not a public offer, since websites often do not specify specific conditions, for example, regarding the cost of products, the timing of the transfer of goods, etc., only a general description of the product and its characteristics is given, with an appeal to the client to come to the store and make a real deal.

Public offer agreement

The conclusion of a public offer agreement has a certain procedure. First, one of the parties sends to the second party a proposal to conclude an agreement, and the second party, in turn, accepts this proposal (accepts). In order for the contract to be concluded, an unconditional acceptance is required, but in the case when an offer is accepted with reservations, it is considered that the acceptor sends a counter offer to the offeror and the latter can accept it, and then the contract will be concluded or send its terms again. (

Public offer

Public offer (offer) of the SVESTA online store for the sale of goods

1. Terms and Definitions

1. In this offer, unless the context suggests otherwise, the following terms have the following meanings and are an integral part of it:

§ Salesman- IP Starchikova Svetlana Mikhailovna (Legal address: 127273, Moscow, Dekabristov st., 36 B, kv.52, OGRN 304770000164741; tel.: 8-800-775-81-05; email shop@ svesta. com).

§ Customer- any individual who has accepted a public offer on the terms of this offer.

§ Online store- the official online store of the SVESTA Seller, located at the Internet address https://www. svesta. com. Within the framework of this agreement, the concepts of an online store and a store, as well as Internet addresses and derivatives of svesta, are equivalent and are interpreted authentically, in the context of the offer.

§ Product- the object of the agreement of the parties, the list of assortment items presented in the official online store.

§ Selling Rules– Rules for the sale of goods in the online store "SVESTA" are published in the "PURCHASERS" section, direct link

§ promotional discount is a discount that is provided for a certain Product. The discount amount is indicated on the Product page. The price of the Goods is indicated taking into account the promotional discount.

§ Promo code discount is a discount that is provided for a certain group of Goods when a special code is entered when placing an Order in the Buyer's "Basket".

§ promo code is a special code that provides a discount on a certain group of Goods and has an expiration date. To receive a discount using a promotional code, the promotional code must be entered in a special field in the "Basket" of the Buyer when placing an Order.

§ Loyal Customer Discount is a discount provided by the SVESTA online store to the Buyer on certain conditions. Conditions for granting discounts are provided in the Cumulative Discounts section.

2. General provisions

1. This public offer (hereinafter referred to as the Agreement) is an official offer of IP Starchikov S.M. to the address of any natural person with legal capacity and the necessary authority to conclude with IP Starchikov S.M. the contract for the sale of the Goods on the terms specified in this offer and contains all the essential terms of the contract.

2. Relations in the field of consumer protection are governed by the Civil Code of the Russian Federation, the Law "On Protection of Consumer Rights" and other federal laws and legal acts of the Russian Federation adopted in accordance with it.

3. registration on the site

1. Only registered Buyers can place an Order in the online store, while the Buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account.

2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

3. The buyer who has registered in the online store receives individual identification by providing a login and password. Individual identification of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer and provides access to additional services. Transfer by the Buyer of the login and password to third parties is prohibited.

4. The buyer is solely responsible for all possible negative consequences in case of transferring the login and password to third parties.

5. You can use the regular customer discount only through your Personal Account. To do this, you need to place orders after entering the site under your login. The loyalty discount is tied to a specific Personal Account, as it is calculated on the basis of purchases made through it. In case of re-registration on the site, the purchase history and discount of a regular customer are not transferred from the old Personal Account to the new personal account. Order statistics in the new Personal Account are kept from scratch. You can use the discount only through the Personal Account in which it is generated.

4. Subject of the Agreement and the price of the Goods

1. The Seller transfers, and the Buyer accepts and pays for the goods on the terms of this Agreement.

2. Ownership of the Ordered Goods passes to the Buyer from the moment the Goods are actually transferred to the Buyer and the latter pays the full cost of the Goods. The risk of its accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are actually transferred to the Buyer.

3. The prices for the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store located at the following Internet address: https://www. svesta. com

4. The price of the goods is indicated in rubles of the Russian Federation.

5. The final Price of the Goods is determined by the successive effect of discounts on the Price of the Goods in the following order:
promotional discount
Promo code discount
Loyal Customer Discount

6. The final Price of the Goods is formed after the confirmation of the order.

7. The buyer is aware that the price of the goods on the site before confirming the order is approximate and not final.

5. The moment of conclusion of the contract

1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).

2. Acceptance of this offer (agreement) - the execution by the Buyer of an order for the Goods in accordance with the terms of this offer. The Buyer places an order for the Goods by performing the actions specified in the "Help" section, the "How to place an order" item, a direct link to the item:

3. By accepting this offer, the Buyer agrees that:

§ - registration data (including personal data) are provided by him voluntarily;

§ - registration data (including personal data) are transmitted in electronic form via open communication channels of the Internet network;

§ - registration data (including personal data) were transferred to the Seller for the purposes specified in this offer and may be transferred to third parties for the purposes specified in this offer;

§ - registration data (including personal data) can be used by the Seller in order to promote goods and services by making direct contacts with the Buyer using communication channels;

§ - for the purpose of additional protection against fraudulent activities, the registration data specified by the Buyer (including personal data) may be transferred to the bank that carries out transactions for payment for orders placed;

§ - the consent given by the Buyer to the processing of his registration data (including personal data) is unlimited and can be revoked by the Buyer or his legal representative by submitting a written application submitted to the Seller at the pickup point.

4. The agreement concluded on the basis of the Buyer's acceptance of this offer is an accession agreement to which the Buyer joins without any exceptions and / or reservations.

5. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer's consent to the Seller sending him SMS messages about the status of his order and surveys to improve the quality of customer service. The buyer who has made a purchase of goods in the Seller's online store (placed an order for goods) is considered as a person who has entered into a relationship with the seller on the terms of this Agreement.

6. Rights and obligations of the parties

1. The seller undertakes:

1. From the moment of conclusion of this Agreement, fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The Seller reserves the right to default on obligations under the Agreement in the event of force majeure circumstances specified in clause 6 of this Agreement.

2. Process the personal data of the Buyer in the manner prescribed by the current legislation and the "Policy of IP Starchikov" regarding the organization of processing and ensuring the security of personal data.

2. The seller has the right:

Change this Agreement, the Prices for the Goods and the Tariffs for related services, the methods and terms of payment and delivery of the goods unilaterally by placing them on the pages of the online store located at the Internet address: https://www. svesta. com. All changes come into force immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.

0. Record telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection" the Seller undertakes: to prevent attempts of unauthorized access to information and / or transfer of it to persons who are not directly related to the execution of Orders; timely detection and suppression of such facts.

1. Without the consent of the Buyer, transfer his rights and obligations to fulfill the Agreement to third parties.

2. Before delivery of the goods ordered by the Customer, the Seller has the right to demand from the Customer 100% prepayment of the ordered goods. The Seller has the right to refuse delivery of the goods to the Customer in the absence of such payment. The Seller has the right to demand from the Client 100% prepayment of the ordered goods in the following cases:
- if the Client has a low percentage of redemption of the goods ordered earlier;
- for other reasons, at the discretion of the online store.

3. The Seller has the right not to deliver the Goods to the Client by courier to the address indicated when the Client placed the order, and to transfer the Goods at the company pickup point agreed with the Client.

4. The Seller has the right to make restrictions on the Goods delivered to the Customer at the same time.

5.. This information is not used to identify the visitor and is not transferable to third parties.

6. The Seller has the right to send advertising and informational messages to the Buyer via e-mail and sms with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.

7. The Seller has the right to unilaterally cancel the Buyer's Order in case of violation by the Buyer of clause 6.2.3. of this Offer.

8. The seller has the right to impose restrictions on the amount of ordered goods for one day of delivery.

9. The Seller has the right to change the terms of the Promotions posted on the website of the online store, unilaterally without the consent of the Buyer, by posting such changes on the website of the online store

3. The buyer undertakes:

0. Before the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.

1. In fulfillment by the Seller of its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the buyer and sufficient to deliver the Goods he paid for to the Buyer.

2. Pay for the ordered Goods and its delivery on the terms of this agreement.

1. If the Buyer, when placing the Order, indicates a non-cash method of payment for the Order (by bank card or electronic payment system), then the Buyer is obliged to pay for his Order within 24 hours from the date of registration.

3. Comply with the Rules of sale.

4. Do not use the goods ordered on the website for business purposes.

4. The buyer has the right:

0. The buyer has the right to refuse to receive e-mail and sms mailings, for this he needs to click on the link in the letter “You can unsubscribe from the mailing list from your Personal Account” or go to the “My Mailings” page in the Personal Account.

7. Delivery of goods

1. Delivery of the Goods to the Buyer is carried out within the terms agreed by the Parties upon confirmation of the order by the Seller's employee and the conditions set forth in the Rules of Sale. If the buyer does not receive the order within the agreed period, the seller has the right to cancel the order without further informing the Client. If the order is paid in advance, the funds are returned to the buyer within the period established by law.

2. In case of courier delivery of the Goods, the Client puts his/her signature in the Delivery register against those positions of the Goods that the Client has purchased. This signature serves as confirmation that the Client has no complaints about the order, the quantity and appearance of the Goods.

3. After receiving the Order, claims to the quantity, completeness and type of the Goods are not accepted.

4. Courier delivery can be carried out to the address specified in the Personal Account. Transfer of the order to the Buyer and settlement with the Courier is possible only in buildings.

5. In the event that courier delivery is carried out in a public place (station, park, shop, restaurant, shopping centers, etc.), the transfer of the order and settlement with the Courier is possible only in the office part, otherwise, the transfer of the order may be carried out only after the Client makes a 100% prepayment.

6. Checking and trying on the ordered Goods, as well as all mutual settlements with the Courier, are made in no more than 20 minutes. Checking and fitting the ordered Goods at the pickup points is not limited in time.

7. You can find out the exact information about the cost of delivery to your region when placing an order.

8. The Seller has the right to engage third parties to deliver orders to the Buyer.

8. Offer withdrawal

1. Revocation of the offer (Agreement) can be carried out by the Seller at any time, but this is not a basis for waiving the Seller's obligations under already concluded agreements. The Seller undertakes to place a notice of the withdrawal of the offer in his online store, indicating the exact time (4th time zone (Moscow)) of the withdrawal of the offer, at least 12 hours before the event of the withdrawal (suspension) of the Offer.

9. Force Majeure

1. Any of the Parties shall be released from liability for full or partial failure to fulfill its obligations under this Agreement, if this failure was caused by force majeure circumstances that arose after the signing of this Agreement. "Force Majeure Events" means extraordinary events or circumstances that such Party could not foresee or prevent by the means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government agencies, as well as any other circumstances beyond the reasonable control of any of the Parties . Changes in the current legislation or regulations that directly or indirectly affect any of the Parties are not considered as Force Majeure Events, however, in the event of such changes that prevent any of the Parties from fulfilling any of its obligations under this Agreement, The Parties are obliged to immediately decide on the procedure for working to eliminate this problem in order to ensure the continued execution of this Agreement by the Parties.

10. Responsibility of the parties

1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

2. All textual information and graphic images posted in the online store have a legal owner, the illegal use of this information and images is prosecuted in accordance with the current legislation of the Russian Federation.

11. Other conditions

1. All disputes related to non-fulfillment, or improper fulfillment of their obligations under this agreement, the parties will try to resolve during negotiations.

2. If no agreement is reached during negotiations, disputes will be resolved in court in accordance with the current legislation of the Russian Federation.

This document is a public offer (offer) of an online store (hereinafter referred to as the Site) for the sale of goods

1. General Provisions

1.1. This public offer (hereinafter referred to as the "Offer") is an official offer of SPK APD LLC to any individual to conclude an agreement for the retail sale of goods on the Site remotely with SPK APD LLC and contains all essential terms of the Offer.

1.2. The order by the Buyer of the goods posted on the Site means that the Buyer agrees with all the terms of this Offer, the Privacy Policy and the User Agreement.

1.3. The site has the right to make changes to the Offer without notifying the Buyer.

1.4. The validity period of the Offer is not limited, unless otherwise specified on the Site.

1.5. The site provides the Buyer with complete and reliable information about the product / services, including information about the main consumer properties of the product, as well as information about the warranty period and shelf life of the product (if any).

2. Subject of the Offer

2.1. The Site undertakes to transfer to the Buyer the goods intended for personal, family, home or other use not related to business activities, on the basis of placed Orders, and the Buyer undertakes to accept and pay for the Goods on the terms of this Offer.

2.2. The name, price, quantity of goods, as well as other necessary conditions of the Offer are determined on the basis of the information provided by the Buyer when placing an order.

2.3. The ownership of the ordered goods passes to the Buyer from the moment the goods are actually transferred to the Buyer and the latter pays the full cost of the goods. The risk of accidental loss or damage to the goods passes to the Buyer from the moment the goods are actually transferred to the Buyer.

3. Cost of goods/services

2.1. The prices for the goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store located at the following Internet address:

2.2. The price of the goods is indicated in rubles of the Russian Federation and includes value added tax.

2.3. The final price of the goods is determined by the successive effect of discounts on the price of the goods in the following order:

promotional discount
Promo code discount
Loyal Customer Discount

2.4. Settlements between the Site and the Buyer for the goods are made in the ways indicated on the Site in the section "Working conditions", "Payment for the order".

4. Moment of conclusion of the Offer

4.1. The acceptance of this Offer (agreement) is the execution by the Buyer of an order for the goods in accordance with the terms of this Offer. The Buyer places an order for the goods by performing the actions specified in the "Order Conditions" section, the "How to place an order" item:

4.2. By accepting this Offer, the Buyer agrees that:

Registration data (including personal data) are provided by him voluntarily;

Registration data (including personal data) is transmitted in electronic form via the Internet communication channels;

Registration data (including personal data) is transferred to the Site for the purposes specified in this Offer, the Privacy Policy, the User Agreement and may be transferred to third parties for the purposes specified in this Offer;

Registration data (including personal data) can be used by the Site to promote goods and services by making direct contacts with the Buyer using communication channels;

For the purpose of additional protection against fraudulent activities, the registration data specified by the Buyer (including personal data) may be transferred to a credit institution, a paying agent, a bank that carries out transactions to pay for placed orders;

The Buyer's consent to the processing of his registration data (including personal data) is indefinite and may be revoked by the Buyer or his legal representative by submitting a written application submitted to the Site or sent to SPK APD LLC.

5. Return of goods and funds

5.1. Return of goods is carried out in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".

5.2. Refunds are made by returning the cost of the paid goods to a bank card or by postal order.

6. Delivery of goods

6.1. Delivery of the goods to the Buyer is carried out within the time period agreed by the Parties upon confirmation of the order by an employee of the Site.

6.2. Upon courier delivery of the goods, the Buyer puts his signature in the register of shipments (delivery) opposite those items of the goods that the Buyer purchased. This signature serves as confirmation that the Buyer has no claims to the packaging of the goods, to the quantity and appearance of the goods.

6.3. After receiving the goods, claims to the quantity, completeness and appearance of the goods are not accepted.

7. Validity period of the Offer

7.1. This Offer comes into force from the moment of its acceptance by the Buyer, and is valid until the moment of withdrawal of the acceptance of the public Offer.

8.Additional conditions

8.1. The Site has the right to assign or in any other way transfer its rights and obligations arising from its relationship with the Buyer to third parties.

8.2. The site and the services provided may be temporarily partially or completely unavailable due to preventive or other works or for any other technical reasons. The technical service of the Site has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.

8.3. The provisions of Russian law apply to the relationship between the Buyer and the Site.

8.4. In the event of questions and claims from the Buyer, he must contact an authorized employee of SPK APD LLC through the Website, by phone or in any other available way.

8.5. All disputes that arise, the parties will try to resolve through negotiations, if an agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Russian Federation, at the location of SPK APD LLC.

8.6. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.

9.Requisites

TIN 5050038866

PSRN 1035010202677

141101, Moscow region, Schelkovo, st. Zavodskaya, 15.

Any offer is an offer from one person to another, containing a certain intention (most often a contract), and containing all the essential, that is, the most important conditions for a future transaction. The predominant type of offer is written, less often oral. The one who makes the offer is called the offeror, the one to whom the offer is intended is the acceptor.

With a positive decision to accept the offer, they say about the acceptance of the offer. The offer must be accepted by the acceptor in full, under all conditions, otherwise, there is a counter offer.

"Offer" means - "offer"

The term "offer", like many others, came to Russian law from Roman law. In Latin, "offer" (offero) meant "to offer." There are several types of offers:

public
free
Solid
irrevocable

A free offer means an offer to enter into negotiations, and during the latter, the terms of the transaction may be modified. Upon reaching mutual agreement, a free offer is followed by a firm one (addressed to a specific person, on conditions specifically defined for him, possibly preferential). Irrevocable offer means with all comers without the right to cancel the submitted offer.

The greatest practical interest in everyday life is such a type of offer as a public offer. It occurs very often, and anyone can accept it.

What is a public offer

A product on a showcase or a menu in a restaurant is a public offer

According to the norms of the Civil Code of the Russian Federation (Article 437), a public offer is a proposal containing all the most important terms of the contract, addressed to any responding person. This type of offer has its own characteristics:

Directed specifically to an indefinite, non-personalized circle of people (that is, anyone who responds)
Describes the specific terms of the future contract and the clear readiness for its conclusion on the part of the offeror.

In addition, we can say that the respondent to the offer must be ready to fulfill the terms of the contract in full, without any reservations. An example of a public offer is considered to be the offer of any mobile operator, containing the basic conditions for connection: monthly tariff, cost of one SMS message, minutes of conversation, discounts, etc.).

Such an operator is obliged to conclude a service agreement with any person who has responded to the offer. Interestingly, the prices of goods or services cannot be considered a public offer, unless it is simultaneously explained what quality, volume, or at what time the goods can be sold. After all, the price itself is only one (but not all) of the essential terms of the contract of sale.

However, the Civil Code of the Russian Federation establishes that if goods are placed at the points of sale (on the counter, in the catalog, etc.), they are recognized as a public offer, even if the price or other terms of the transaction are not indicated. An exception is the case when the product sample indicates that this particular product is not intended for sale.

A public offer is a product on a showcase in a store, a list of dishes on the menu of a cafe or restaurant, the sale of goods through a vending machine.

An example of an offer is also the information of any online store, which, in addition to the price of the goods, contains information about the assortment sold, delivery conditions, seller's guarantees.

Advertising and public offer

Despite the quite specifically established concept of a public offer, it is often confused with both a commercial offer and advertising. Unlike an offer, a commercial offer is information of an entrepreneur only about the possibility of concluding a deal, submitted in free form and not containing some significant conditions.

So, even if the price is indicated, in the process of negotiations or preparation for the transaction, it may change, or only the approximate delivery / sale / delivery time of the goods is indicated, or only an approximate list of the goods offered.

Thus, the purpose of a commercial offer is to interest a potential consumer, while the specific terms of the transaction can and will be discussed in the future.

Often there is an identification of a public offer with advertising offers. It should be remembered here that the purpose of advertising is to promote a product / service to the consumer, present them in the best possible way, distinguish them from similar offers.

Article 3 of the Federal Law "On Advertising" expressly states that advertising is information of any form, distributed in a variety of ways and means, aimed at attracting the attention of an indefinite contingent of consumers in order to stimulate, maintain and form interest in a product, promoting it to the market. The essential differences between an offer and an advertisement, despite the fact that they are both addressed to the same circle of people, are:

Willingness to make a deal right now, not in the future
Clearly defined terms of the transaction at the time of submission of the offer.

Often on the websites of online stores, booklets and leaflets, they write that the information is not a public offer. Making such an inscription does not make much sense, because according to the norms of civil law, if specific conditions for price, delivery, quality are not indicated, but only general information and a call for / purchase is given, such information is not an offer in the literal sense of the word.

If in an advertisement addressed to everyone who sees or reads it, absolutely all the conditions of sale are indicated, then it is recognized as a public offer, and the advertiser is obliged to sell the goods on the terms contained in the advertising message.

Why do a household appliances store and a clothing store need a public offer? Find out by watching the video:

Public offer agreement

The concept of a public offer contract is closely related to the concept of a public offer. Since in order to conclude a contract, it is necessary in any case to have the agreed will of the parties, the conclusion of a contract has its own procedure:

Through an offer, one party proposes to conclude a deal;
Acceptance of the offer by the other party (means acceptance of all essential conditions);
Registration of the contract (the usual form is written), but it can also be different - oral, in the form of certain actions that unconditionally testify to the transaction.

The moment of the transaction is the time when the acceptor agreed to the offer. Payment for a product or service makes the transaction legally valid. If one of the parties has any reservations, it is considered that a counter offer has been sent. The second party may accept this proposal (acceptance), or continue to negotiate the terms until full consensus.

Thus, in order to conclude a public contract of an offer, the consent of the parties on all essential conditions is necessary. To separate the concept of an offer from an advertising offer or other commercial information, it should be clarified whether there is complete clarity: what the offerer offers, whether there is a real intention of the seller for the transaction, whether there is complete clarity in the terms of the transaction. If at least some of the questions are answered in the negative, most likely the seller did not place an offer, but an advertisement.

Liability for breach of contract

For violation of the contract of a public offer - punishment!

Despite the special nature of a public offer and a simplified procedure for drawing up a contract if the parties agree, Russian law establishes for violation of contractual obligations by the parties.

Violation of the public offer is any, even minimal deviation from the original terms of the offer of the offeror. If during the retail sale the seller names a price different from the declared one, this is a reason to believe that the public offer has been violated and require the seller to strictly comply with the terms of the public contract.

The most common example of this violation: when at the checkout in a supermarket it turns out that the price of a product is more expensive than indicated on the price tag on the store shelf. No assurances that the price has changed, but the price tag has not been removed, the promotion for the product has ended, etc., have no basis. The information on the price tag in the store next to the goods is recognized as a public offer, and the offeror is obliged to comply with it.

This situation is a reason to require the administration of the store to sell the goods at the originally declared price. Otherwise, the seller (legal entity or entrepreneur) who violates the public offer is allowed. There are several options:

Contact the store manager. With a correct and calm explanation of the situation and possible consequences, it is likely that the goods will be sold at the previous declared price.
If the negotiations did not lead to a positive result, you should leave a statement about the violation in the complaint book of the store.
Having a check in hand (with the indicated increased price), and photographing the previous price tag, you can support with these materials a statement about violation of trade rules and consumer rights in
. If the information is found to be true, a fine will be imposed on the trade enterprise.

Similar documents can be submitted to the court. Of course, few people will go to court because of the retail purchase of products, but in the case of an expensive product, this way of solving the problem is the most effective. It is important to remember that consumer protection claims are not taxed, and the courts most often take the side of the average buyer. Thus, knowing what a public offer is and the procedure for concluding a contract from a public offer, the buyer can defend his rights.

Expert legal opinion.

Offer: details for an accountant

An option to sell shares in a company. Practical aspects
It is a notarized irrevocable offer that allows the option holder to ... is a notarized irrevocable offer that allows the option holder to ... by a separate notarization of the irrevocable offer (including by ... subsequently notarizing the acceptance. Irrevocable the offer is considered accepted from the moment of notarial ... does not entail the invalidity of the acceptance of an irrevocable offer. To be fair, we note that ...
Online service instead of an accountant: how an individual entrepreneur lost 1.5 million rubles.
The services were agreed upon by accepting the offer located on the website, and an annex to the offer agreement was also signed with a description of the services that will be ... the basis of the relationship was regulated by the offer. According to clause 2.1 of the offer, "The Licensor undertakes to provide ... the capacity of the Service." In other words, according to the offer, the organization does not provide services for ...
Professional income tax: what an institution needs to know
2 tbsp. 437 of the Civil Code of the Russian Federation by an offer (public offer). At the same time, in accordance with ... the Civil Code of the Russian Federation, the commission by the person who received the offer, within the time period established for it ... by acts, or is not indicated in the offer. In view of the foregoing...
Purchase and sale of part of the business
The other party did not accept the irrevocable offer in the manner and within the time limits stipulated by ... . The court emphasized that if the offer was not accepted by the plaintiff (and ... the plaintiff did not accept the irrevocable offer of the defendant, respectively, as he rightly considered ... did not use, did not accept the irrevocable offer of the seller, accordingly, the option ceased ...
Model Articles of Association for an LLC? No thanks!
Reflect the real mechanism for sending an offer for its sale. According to the law... the offer is considered to be received by all participants... The law does not provide for a higher procedure for sending an offer by the director. Hence...
New realities of the formal struggle of banks against money laundering
A contract, even in the form of a public offer, protects you from being deceived. On ... (including a public offer agreement). Next, you need to check the bank details ..., indicating: “Payment under a public offer agreement for the goods. Without VAT". V...
A gift to an employee with money: tax nuances
It has been established that the commission by the person who received the offer, within the time period established for it ... acts, or is not indicated in the offer. personal income tax Upon actual receipt from ...
Option Agreement: Rights of an LLC Member
A. Lukiyanov issued an irrevocable offer to sell his share in ... , an option to conclude an agreement is an offer that the other party can accept ...
We include employees as co-owners - how not to harm ourselves?
Agreement) one party, through an irrevocable offer, grants the other party the right to conclude ... conclude an agreement by accepting such an offer in the manner, on time and ... days and is an irrevocable offer and is drawn up in a notarial form ...
An organization on the simplified tax system sells services to foreigners via the Internet, receiving payment on PayPal: accounting and taxation
... (acceptance) of a written proposal to conclude an agreement (offers) in the manner prescribed by paragraph 3 ... acts or not specified in the offer, the acceptance is recognized as the commission by the person who received ... the offer, within the time period established for it ...

It might be useful to read: