An offer is a specific offer for contractual relations, which can be addressed to one person and several persons. By submitting the form, the representative of one party confirms the consent, the second party agrees, putting on the form an acceptance. Violation of such a treaty is fraught with unpleasant consequences.
What is an "offer"?
Today, such forms are very popular, but not all people are guided by the intricacies of such a transaction. An offer is a proposal for signing an agreement, a proposal on the intentions of one of the parties, where all conditions are entered. It is made both in oral and in written form. The term is still deciphered, as a written offer of the seller for the buyer on the sale of products on specified terms.
The offer must meet the following requirements:
- Targetedness . It is directed to one circle of persons.
- Materiality . The document should set out all the important terms of the transaction.
- Certainty . The text is drawn up so that the intention of the offeror to draw up a contract on certain conditions is clearly traced.
What is a "public offer"?
There are four types of offer:
- Free . The proposal is sent to several consumers to study the market.
- Public . Contract for a large team.
- Solid . The offer comes to a specific client.
- Irrevocable . It is sent to anyone who wants to make a deal.
What is a public offer contract is an offer to draft a contract that is not addressed specifically to individuals, the number of them is also not specified. The exception is cases where the text clearly states that the offer is available only to a certain circle, or if the online store does not take care to note the order of delivery. Then such a document is not a public offer contract, but a prescription for cooperation.
Typical manifestations of the public offer:
- Price lists in stores. The offer can be used by all those who wish, which is allowed both verbally, and in writing, and actions of the seller.
- Data on the pages of websites where the range, value and guarantees are listed.
What is an "offer" and an "acceptance"?
The offer and the acceptance are important concepts of the procedure that have their own rules. The conclusion of a deal on an offer consists of two stages:
- One participant makes a proposal for an agreement.
- The second participant accepts the conditions and makes an acceptance.
The acceptance of an offer is the agreement with all points of the transaction with the signing of the agreement. If, on the other hand, the second party wants to change the conditions, then, from the legal point of view, it is a question of renouncing the contract. The representative can also put forward his own requirements. Only when both parties come to an agreement, the process will be called "unconditional offer." A legally concluded document is considered after payment or fulfillment of obligations under the contract, and seals and signatures are placed by agreement of the parties.
What is the offer different from the contract?
Many believe that the offer is a contract, but there are some differences in the essence of the terms. Experts note the following points:
- An offer is a document that is drawn up and transferred by one party, and the contract is formed by both parties.
- The offers prescribe more responsibilities than the rights of the representative who drafted the document, the second participant is only paid the purchase. And in the contract obligations are distributed evenly.
- In many other aspects, the offer is similar to a contract, because it assumes these key moments, and acceptance is equated to the confirmation of the contract with the signature.
How to terminate the offer contract?
A very important point is that the offerer can withdraw the offer prior to acceptance. This will not be an official contract break, as the deal has not yet been concluded. Refusal of the offer is fixed when the second participant does not accept the conditions. The offerer specifies certain dates in the text, the agreed amount of time passes the code, and there is no answer, then the offer is acknowledged not held. With a public offer, the situation is somewhat more complicated, since it is concluded without signatures on paper. You can terminate only by revoking the agreement.
Violation of the public offer is the responsibility
The offer contract implies transparent relations between the participants, if one of them violates the terms, it falls under the responsibility within the framework of the Civil Code. The violation of the offer is considered to be a change in the terms of the transaction. The public offer is an example, such as buying a product by price tag, which does not correspond to the amount indicated in the check. Such a mismatch is a violation of the offer in the trade.
Proposal - what does this give the participants? Such a document provides a free hand to the other party, which has the right to ignore the transaction or make its own adjustments. For the offeror, it is less profitable, since this participant depends on the decision of other persons, and assumes more obligations. More often this form is used in retail trade, on a national scale, in international trade is used extremely rarely.