If a company regularly sells anything online, it is imperative to sign contracts. Otherwise, you may be fined or face claims from customers who did not understand what they paid for.
To sign a contract, it is not always necessary to meet with clients or conduct electronic document flow . You can use an offer, the agreement with which is equivalent to the conclusion of a contract.
What is an offer and what types are there?
An offer (Latin offero – “I offer”) in simple terms is a proposal to conclude an agreement, which specifies the essential and additional terms of the transaction. They are needed to inform the client about the content of the agreement.
What must happen for a legal buy bulk sms service transaction to be valid:
Essential conditions are specified. That is, information that is critical for the client. For example, for the sale of a service, this is its description, cost, payment options.
Agreement with the terms of the offer has been received. The client confirms this by acceptance (Latin acceptus – “accepted”). He accepts the offer, for example, by payment or another action specified in the offer. As soon as the client has accepted the offer, the contract is considered concluded.
An offer simplifies and speeds up the conclusion of a transaction. It is not considered a contract until acceptance occurs – then the parties have rights and obligations.
There are several types of offers: firm, free, irrevocable and public.
A firm offer is a one-time, time-limited offer to a specific person. If the person has accepted the offer within the specified time, the contract is considered concluded. Until that moment, the same offers cannot be made to other people.
A free offer is the opposite of a firm offer: it can be offered to several people at once, and it does not have many restrictions. But it cannot be considered a deal either – it is rather an invitation to cooperate, suitable for acquiring new clients or studying demand .
An irrevocable offer is an offer that cannot be refused once it has been accepted. However, it is not obligatory to accept it. For example, it is used to buy bonds.
A public offer is a document intended for a wide range of people. Such an offer has a universal text that is suitable for any user without taking into account individual conditions.
Most often, public offers are used on websites and in the public domain, so in this article we will analyze them.
What terms of the offer are considered essential?
It is impossible to accept an offer without agreeing on essential conditions. According to Article 432 of Federal Law No. 51 of the Civil Code of the Russian Federation , essential conditions include:
- subject of the agreement;
- information about the parties involved;
- conditions required for a contract by law. For example, for a purchase and sale contract, the subject of the contract, the price of the object australia cell numbers and the terms of sale are considered essential conditions.
There is no single list of essential conditions. When drafting an offer, it is necessary to take into account the legal requirements for a specific type of contract.
For example, when drafting an offer for the provision of paid services in Russia, one must be guided by the provisions of Article 779 of Federal Law No. 14 of the Civil Code of the Russian Federation . In retail trade, one must take into account the regulation on the rules for the sale of retail goods . One must also take into account the provisions of the law on the protection of consumer rights .
As a rule, the following are indicated as essential conditions in the offer:
- definition of seller and client;
- characteristics of a product or service;
- terms of purchase (cost, payment method, delivery, exchange and return conditions);
- terms of the offer (how acceptance is expressed when the terms may change).
Additionally, the offer may include references to laws that govern contractual relations between the parties.