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Invitatio ad offerendum
Introduction
The term “Invitation ad offerendum” comes from Latin and literally means “invitation to make an offer”. In law, this term refers to an invitation to another party to submit an offer. In the context of online commerce, this is a particularly relevant concept. In this article, we will take an in-depth look at the concept of invitation ad offerendum, particularly with regard to online commerce.
What is invitatio ad offerendum?
Invitatio ad offerendum refers to a situation in which one party makes an invitation to receive an offer from another party. This is not a binding offer, but a non-binding invitation to submit an offer.
Invitatio ad offerendum in online trading
In online commerce, the invitation ad offerendum is a widespread phenomenon. When a merchant lists products or services on its website, it is usually an Invitation ad offerendum. The merchant thus invites potential buyers to make an offer to purchase.
Examples
- Product lists: If an online store lists products with prices, this is an invitation to the customer to make a purchase offer.
- Shopping cart: Adding items to the shopping cart is also an Invitation ad offerendum. Only when the customer completes the purchase process, he makes a binding offer.
Legal significance
The distinction between a binding offer and an invitation ad offerendum is legally significant. In the case of an Invitation ad offerendum, the merchant is not obliged to sell the product at the stated price. Only when the dealer accepts the offer made by the customer, a contract is concluded.
Special challenges in online retailing
In online commerce, there are some challenges related to the Invitation ad offerendum:
- Price errors: Sometimes incorrect prices may be displayed due to technical errors. In such cases, the merchant may decide not to accept the customer’s offer.
- Stocks: A dealer can receive more requests than he has stock. Even in this case, he is not obliged to accept all offers.
- International buyers: In online retail, customers from different countries can shop. This can lead to legal ambiguity, as laws may vary regarding contracts and bids.
Conclusion
Invitatioad offerendum is a central concept in online retail. It is important for merchants to be aware of the legal implications and understand that listing products on a website does not automatically constitute a binding offer. Likewise, customers should understand that adding an item to the shopping cart or filling out payment information does not necessarily mean they have entered into a purchase agreement. The contract is not concluded until the merchant accepts the customer’s offer, which is usually done by an order confirmation.