home Audience 6 What does offer confirmed mean? How to understand that this is a public offer

What does offer confirmed mean? How to understand that this is a public offer

A public offer is an offer by a legal entity or individual to enter into a certain agreement. It implies a proposition addressed to specific subjects that clearly expresses the intentions of this legal entity or individual who is offering a product or service.

Any agreement must be concluded in the following order. One party sends the other a proposal to conclude an agreement (or offer), and the other accepts this proposal or refuses. Sometimes these actions can happen simultaneously. Then the parties get together and sign an agreement, which already means agreement to the proposal.

But this is not always the case. Therefore, there is a certain time gap between acceptance and offer.

Signs of the offer:

It must have certainty;

Must demonstrate the person’s commitment to concluding an agreement;

A person who has performed the necessary actions to accept this type of contract (for example, a person who sent an application to receive a particular product or service) may require the offeror to fulfill

A public offer contains only the will of one party directing the offer. Therefore, the opponent’s answer is of decisive importance. In order for a contract to be considered concluded, the absolute consent of that person is required. Otherwise it will have no effect.

An offer agreement for the provision of services can be “accepted” by a person. Acceptance is a person’s positive reaction to an offer addressed to him; it is a response that he has accepted it. It can be unconditional or complete.

Silence cannot be taken as acceptance, except in cases provided for by law. It happens that previously existing business relations between the parties are taken into account. Acceptance is also considered the performance by the person who received the offer of the actions specified in (this could be unloading goods, performing various works, providing services, paying any amount of money, etc.).

The performance of actions described by a public offer under acceptance is considered sufficient to determine the contract as concluded. Thus, payment for a service (or fulfillment of other terms of the offer) together with the text of the offer agreement are recognized as a legally concluded agreement. There are usually no seals or signatures on the offer, but one of the parties may require this for accounting purposes.

An example of an offer: advertising, as well as other offers addressed to a vaguely defined circle of people. The offer agreement must contain all essential characteristics. In addition, the will of the person offering the service must be clearly visible. Such an offer is also prescribed. It is valid for two months from the start of promotions, unless the offer provides for a different period.

09May

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

Today you will learn:

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

What is an offer

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

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

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

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

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

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

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

Types of offer

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

The type of supplier offer includes 4 types:

Public;
Closed;
Solid;
Free.

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

What is a public offer in simple words

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

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

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

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

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

Closed or irrevocable offer

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

Firm offer

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

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

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

In this case we are talking about an individual offer:

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

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

Free offer

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

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

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

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

What is the difference between an offer and a contract?

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

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

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

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

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

When an offer becomes a contract

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

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

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

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

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

Benefits of the offer

Let us note the most basic advantages of the offer:

No edits.

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

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

With the offer you will receive money faster.

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

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

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

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

The offer protects against risks.

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

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

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

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

How to make an offer

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

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

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

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

Terms of the offer:

Salesman.

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

Be prepared to report:

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

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

Client.

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

Individuals;
Large organizations.

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

Product.

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

You must clearly indicate all the characteristics of the product:

Price.

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

Cost of goods;
Delivery services;
Installment fee;
Additional fee for warranty.

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

Payment.

You must indicate all possible payment methods:

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

Delivery terms.

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

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

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

Return.

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

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

Sample offer

Not a public offer

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

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

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

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

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

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

Response to offer proposal

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

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

How to respond to an offer:

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

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

The word “offer”, sometimes found on various Internet sites or in the press, makes us think for a moment about its meaning, then something distracts us and we forget about it. Let's figure out once and for all what it is in simple words.

“Offer” or “offer” - which is correct?

The term comes from the Latin "offero", which means "I offer", so the correct spelling of the word is "offer".

Offer - what is it?

This is the name of an offer to conclude a contract. This is a written or oral proposal for cooperation, which contains a list of conditions, which are then prescribed in concluded bilateral agreements or observed when concluding transactions. The official definition of this term is stated in Art. 435 of the Civil Code of the Russian Federation.

Typically, an offer is made in writing, after which the offeror (the one who wrote it) sends it to the acceptor (the one for whom it is intended). If the acceptor accepts the terms offered to him, then this is the reason for concluding a bilateral agreement or completing a transaction.

Types of offer

Depending on who they are sent to, offers are divided into:

free;
hard;
irrevocable;
public.

Free

A free offer is an offer that is a reason to begin negotiations, during which the proposed conditions can be supplemented or changed. It applies to a limited circle of people and can be used by the offeror to study market dynamics.

Solid

A firm offer is a proposal that specifies a proposal for cooperation with clear terms and conditions of the transaction. It always specifies certain periods during which the seller binds himself. It is always sent to a specific person.

Irrevocable

An irrevocable offer is typical for the banking environment and the sphere of securities circulation. As the name suggests, it has no recall option at all. It is usually used by issuing companies that offer shareholders the redemption of securities.

Public

A public offer is an offer in which any person can act as an acceptor (this type is considered the most common). It clearly states prices, terms of the transaction and terms.

Public offer - what is it in simple words?

In simple words, a public offer is intended for a wide range of people. The simplest examples are the price tag on a product in a store, the display of a product in a window, a menu in a restaurant, etc.

“Not a public offer” - what does it mean?

Often on Internet sites and in printed publications under advertising texts there is the inscription: “This is not a public offer.” This means that the published text should not be considered an offer to enter into a contract. In fact, such texts offer to buy something, but there are no clear conditions for concluding a transaction.

If the advertisement specifies prices and clear terms of cooperation, then it is a public offer. This means that if the seller does not sell the product exactly on the terms specified in such advertising, then he will face problems with the law. The inscription “Not a public offer” allows overly cautious or unscrupulous advertisers to avoid many troubles.

What should the offer contain?

As mentioned above, the offer must contain certain clear conditions for concluding an agreement or completing a transaction that the offeror offers to the acceptor, and also have such features as completeness of information (it must indicate all aspects of the future transaction) and targeting (it is drawn up for a specific person or for a certain circle of people).

Important: The offer must contain an unambiguously interpreted intention of the offeror to conclude an agreement or make a transaction with the acceptor.

Offer and acceptance

An offer reflects the will of one of the parties who wants to conclude an agreement or transaction. Within the period specified therein, the acceptor must either accept the offer or reject it. In case of full agreement with the proposed conditions, the acceptor must respond with acceptance. If there is no answer with consent, this means refusal.

There may be cases when the one to whom the proposal is sent carefully studies the document and draws up a protocol of disagreements on unacceptable points, and then sends it to the offeror. In this case, the offeror can draw up a new offer, which will take into account the information sent to him, and send it again to the acceptor.

Acceptance with immediate effect is typical for oral offers. This possibility is provided for transactions that are concluded orally.

Important: if the offer is accepted, it serves as the basis for VAT deduction.

Validity period of the offer

The offer may or may not indicate the period for receiving acceptance. If it is indicated and the possibility of revocation is not provided, then it is not possible to do this before the expiration of the period for receiving acceptance. If a period is specified, but the possibility of revocation is stipulated, then, if necessary, the offeror has the right to revoke it. If the period is not specified, then it is valid for the period of time established by laws or legal acts, which is considered normal for obtaining acceptance of such a proposal.

Offer - examples for reference

The offer may be:

a letter with an offer from one entrepreneur to another to purchase a consignment of goods with a clear indication of the price, terms of payment and delivery time (acceptance in this case will be a letter or telephone call expressing agreement with the proposed conditions);
an invoice in which, in addition to the name of the goods, its value and quantity, the terms of payment and delivery, as well as the terms of shipment of the goods are specified (by sending an invoice, the offeror makes a commercial offer to the acceptor, and if the acceptor pays for it, this means that he fully agrees with the terms of the transaction specified in the invoice);
the range of goods published on the website, cost, terms of delivery and payment (but if it is indicated that the offer can only be used by a certain circle of people or the online store does not describe the delivery procedure and the seller’s guarantees, then such an offer is not considered an offer).

Save the article in 2 clicks:

An offer is an offer to conclude an agreement or complete a transaction. Depending on who it is intended for, there are several types. If the acceptor accepts the terms of the offer, then the contract with him must be concluded on the previously proposed conditions.

In contact with

Any citizen almost always enters into some kind of contractual relationship. Such civil relations may take the form of an offer or a contract. In essence, an offer and a contract are types of agreements that represent civil legal relationships that arise in the presence of certain obligations. The rights and obligations stipulated in this case are binding in accordance with the current Codes.

Main differences between an offer and a contract

The offer assumes unilateral obligations, the other party is free to accept, not accept the offer, or ignore it altogether. Unlike an offer, a contract obliges all parties involved to fulfill the terms, that is, there is a certain equality of rights between the parties in the distribution of responsibilities.
The offer specifies only the supplier's responsibilities, which he is obliged to comply with from the moment the offer is published, the recipient of the service is vested with obligations only after taking actions indicating acceptance of the offer. The agreement defines in detail in advance the responsibilities and rights of all participants. All parties have obligations from the moment the contract is signed.

Offer

The offer represents invitation to receive a service, which the consumer can receive, refuse it, or ignore it altogether. Moreover, the terms of provision and cost of the service are determined by the offeror independently, in connection with which the supplier assumes certain obligations unilaterally. In addition, the expressed proposal for the subsequent signing of the contract is also a type of offer.

Civil relations that arise during an offer are regulated by Chapter 28 of the Civil Code. According to the meaning of the Law, from the moment the recipient (acceptor) has received the offer, the offeror cannot withdraw it, unless otherwise specified in the terms of the offer. In case of failure to fulfill the obligations stated in the offer, the offeror is liable in accordance with the Law. An offer will be considered not received if the acceptor receives a notice of its cancellation earlier or simultaneously with the offer. The acceptor is the recipient of the service who has accepted the terms of acceptance. Acceptance is any action aimed at receiving a service.

Types of offer

In contractual relations there are the following types of offer:

Public offer- this is a document or price list with the help of which the offeror offers all citizens any goods and services, while stipulating the conditions of purchase and the cost of these services. This could be a menu, or detailed advertising.
Firm offer– this is an offer that is made to a specific person indicating the cost and timing of the service. An example would be an offer to issue a credit card.
Closed offer– this is an offer of services to a specific group of persons, legal or natural persons, for example issuing an invoice for payment. The closed nature of such an offer may be due to trade secrets or contractual relations with certain clients.
Free offer- this is a kind of proposal to enter into a contractual relationship, that is, it is a preliminary form of an offer that offers to enter into negotiations on the purchase of a particular service. During these negotiations, the terms of the offer may change.

Agreement

The contract is agreement between several persons, both physical and legal, concluded orally or in writing on a voluntary basis. All persons participating in the contract are responsible for violation of contractual obligations. Depending on the method of violation, liability can be material, disciplinary, administrative and criminal. The legal basis of contractual relationships is defined in Chapter 27 of the Civil Code of Russia.

According to the law, contracts are based on the freedom and voluntariness of participation in the contract. The terms, obligations and rights are determined by the participants, unless any specific provisions are prescribed by law. Coercion to sign a contract is prohibited, except in cases expressly provided by law.

If the provisions of the agreement do not comply with current legislation, this agreement has no legal force. All relationships represent contracts in one form or another, and therefore it is impossible to list all types of contractual relations, but they can be classified into main types.

Types of contracts concluded

Preliminary agreement- involves the subsequent signing of the contract in its final form.
Final agreement— it sets out the conditions in final form.
Unilateral agreement– responsibilities are assumed by one of the participants. The rest only use rights.
Mutual agreement– all participants are equal in rights and responsibilities.
Free contract- one of the participants secures the contract with his property.
Compensatory agreement– all participants provide the contract with their property.
Free contract– signed based on the wishes of the participants.
Binding contract– one of the participants is obliged to sign and fulfill the obligations agreed upon earlier.
Mutually agreed upon agreement– compiled by all participants.
Agreement of accession- is made by one party, the rest join by accepting the provisions of the agreement.

In the Russian legal system, in order to formalize commercial legal relations, the use of such sources as an offer and a contract is provided. What are their specifics?

What is an offer?

Under offer It is customary to understand an open (published somewhere), documented proposal of a commercial company to conclude an agreement with it and addressed to potential clients, partners, and buyers.

The offer, as a rule, sets out the main terms of the transaction. First of all, this is the cost of the product or service, its main characteristics, terms of delivery, maintenance and other options offered by the organization to accompany the transaction.

An offer is an offer formed by a supplier of products or services, which a potential client, partner or buyer has the right to accept, refuse or completely ignore. But the company, in turn, may have obligations associated with the release of the document in question.

The offer is:

public;
closed;
hard;
free (actually not an offer, but in demand - we will consider this feature later).

An offer classified as public is a document through which the supplier of a product or service offers to buy it to an indefinite number of persons. Such a source reflects the characteristics of a product or service, its cost, as well as the conditions for its provision.

Descriptions of goods in catalogs of online, and in many cases also offline stores, in which the above information is indicated, can be considered as examples of public offers. But it is necessary to distinguish the corresponding document from advertising, which usually records a limited list of product characteristics, and this is not enough to recognize the banner as a public offer.

A closed offer is a document through which a company offers to buy its goods or services to a specific group of people. As a rule, the need for this arises due to the confidentiality of the information contained in the document. An example of an offer of this type is an invoice for payment for a product or service.

A firm offer is a document that a company offers to an individual and specifies in it the terms during which it undertakes to sell its goods or services at the price indicated in the source.

A free offer is understood as a document that a company offers to several buyers, and as a rule, targeted, in order to obtain from them a fundamental answer regarding the prospects for purchasing the proposed product or service. Usually its text explicitly states that this is not an offer. Or it becomes obvious due to the content of the document. Therefore, the word “offer” is used informally in this case.

Regardless of the specific type of offer (except for a free one, for the reasons noted above), its execution by the company that issued the document is mandatory - if the corresponding offer is accepted by the buyer or client. That is, it was accepted in the prescribed manner. An accepted offer is legally equivalent to a full-fledged contract.

If the company refuses to enter into an agreement with a partner on the terms set out in the offer, it will be held liable in accordance with the norms of the Civil Code of the Russian Federation. In particular, this may be the payment of a penalty to the person who accepted the offer, as well as compensation for losses, if any.

If the company that issued the offer changes its mind about entering into a transaction on the terms reflected in the document, then it has the right to withdraw it. But in this case, information about the revocation of the offer must reach its addressees before they become familiar with the provisions of the document. In addition, the source sometimes contains a provision that the offer can be withdrawn - in this case, the fact of its acceptance until the cancellation by the supplier does not matter.

What is a contract?

Agreement is a civil law agreement through which its parties establish the terms of cooperation, purchase and sale, lease of property and other nuances of legal relations. Until the contract is signed by both parties, they have no obligations to each other.

The terms of the agreement in question may be agreed upon verbally or through the exchange of messages that are not legally binding documents before the transaction is formalized. They may initially contain all the conditions that are subsequently enshrined in the contract, but this will not matter. The key point in giving the document in question legal force is its signing by the parties.

An exception is if any of the messages through which the details of the contract are discussed contain signs of an offer. If it is accepted, it will acquire the status of a contract. Let us note that in practice, concluding an agreement in an appropriate way involves an offline exchange of documents - with signatures and seals of the parties. Or online - in compliance with the requirements of the legislation of the Russian Federation on the protection and confirmation of data accuracy.

Comparison

The main difference between an offer and a contract is that it is a document, the preparation and publication (or address transmission) of which is carried out by only one subject, while a contract, as a rule, is formed by at least two parties.

Offers usually spell out significantly more responsibilities than the rights of the company that issued the corresponding document. For example, these could be responsibilities related to the supply of goods or services, or their maintenance in the case of electronic equipment. The obligations of the accepting party, as a rule, are limited only to payment for the goods.

In a contract, in turn, rights and obligations are usually more or less evenly distributed between the parties. It is a more balanced document in this sense.

In many aspects, an offer can be very similar to a contract: it is supposed to reflect all the main terms of the transaction, and its acceptance is actually an action similar from a legal point of view to signing a contract.

Having determined what the difference is between an offer and a contract, we will record the conclusions in the table.

Table

Offer	Agreement
What do they have in common?
An accepted offer is similar in legal nature to a contract (considered as its variety)
What is the difference between them?
Drawed up by one subject, the rest - only accepted (subject to agreement with the conditions contained in the document)	Compiled by at least two entities that are parties to the agreement
As a rule, it implies the emergence of a greater volume of responsibilities for the party that issued the document, and not for the entity that accepted the offer.	As a rule, it assumes a relatively equal distribution of rights and obligations between the parties to the transaction