The media and the Internet are replete with new words and concepts. One of these "Public Offer". However, in fact, almost each of us has a matter of it very often. So, we'll figure it out ...
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Offer means to make someone's offer to conclude a contract. At the same time, the offer will be considered a proposal that contains certain terms of the contract. In the legislation, "Public Offer" found the equivalent "Public Agreement". Offer becomes public when the offer is made in a wide range of persons. It is worth noting that only an entrepreneur (LLC, PE, FL-P and others) can make a public offer.
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An example of a public offer may be a price tag in a supermarket. So, you have a secret offer to purchase goods at the specified price here and now, paying it at the checkout. The same with the goods in the online store - the object of sale and its cost is defined.
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There are important requirements for public offer. So, for example, you will not be able to refuse the service or product while complying with the terms of the offer to anyone. In other words, you have no right to choose customers. You can refuse only if the reason is objective and equally affects each potential client. An example of such a failure is the lack of goods or other force majeure circumstances. This may be a signal to not conclude an offer contract. If you have already done it, but to fulfill the requirements of the contract not in a state, the examples of the examples are not the reason for exemption from responsibility.
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Among other requirements for a public offer, the inability to provide special benefits when concluding a contract to anyone. If the client has some legal grounds for obtaining benefits - no problem, but you yourself do not have any rights to solve.
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The adoption of the Public Offer Agreement is called acceptance. That is, a positive client's decision. If a potential client does not express explicit consent, in other words, silent, it is not an acceptance. As an exception, there may be cases that are provided for by the legislation or the "tradition of" business relations. So, if both sides have previously had business connections - it may be important as an acceptance. Also, the acceptance may be considered a party that has received an offer, certain actions aimed at carrying out the terms of the contract. The person can unload the goods, pay the amount of money or perform other similar actions. As soon as the person fulfilled the terms of the contract, that is, the acceptance of the person, the Public Offer Agreement is concluded. Legally, the transaction is consolidated by the payment of goods or services and in coordinating the parties to the station of the seals and signatures.
It should be remembered that the public offer should be legally binding, significant conditions of the transaction should be indicated. For example, the timing, method of calculation, contacts, the procedure for presenting claims and so on.
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2021
