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Public offer for an online store: what it must contain

A public offer is the contract a buyer accepts by placing an order. Here are the legal grounds, the sections it needs, how to place it on the site and which mistakes to avoid.

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What a public offer is

An offer is a proposal to conclude a contract addressed to an indefinite circle of people. The Civil Code of Ukraine governs the public contract (Art. 633), the offer (Art. 641) and its acceptance (Art. 642). For an online store this means the terms are the same for every buyer, and the contract is concluded when the buyer does what the offer says — for example, places an order and agrees to the terms.

Concluding contracts online is governed by the Law «On Electronic Commerce». Buyers’ rights in distance sales are protected by consumer protection law.

Required sections

  • Seller details: FOP full name or company name, tax number or EDRPOU code, address, e-mail and phone.
  • Subject: sale of the goods shown on the site.
  • When the contract is concluded: which buyer actions are acceptance.
  • Price and currency: prices on the site, who pays for delivery, whether the price can change before confirmation.
  • Payment: card online, payment on delivery, bank transfer.
  • Delivery: carriers, times, inspecting the parcel and what to do if it is damaged.
  • Returns and exchanges: periods, conditions, who pays return shipping, how and when money is refunded.
  • Warranty and claims: how to complain about a defective product.
  • Personal data: a link to the privacy policy.
  • How the offer changes and how disputes are resolved.

The 14-day right of withdrawal

For distance contracts, consumer protection law gives the buyer the right to withdraw within 14 days without giving a reason, with exceptions for some product categories. An offer cannot limit consumer rights guaranteed by law — such terms are void.

The list of goods of proper quality that cannot be exchanged or returned is approved by a Cabinet of Ministers resolution. In 2023 a new Law «On Consumer Protection» No. 3153-IX was adopted — before publishing your offer, check on zakon.rada.gov.ua which version is in force on your launch date.

How to place the offer on the site

  1. Publish the offer as a separate page with a permanent address.
  2. Link it from the footer and from the checkout form.
  3. Add a consent checkbox next to the order confirmation button.
  4. State the version date and keep previous versions: the terms in force at the time of the order apply.
  5. Send the buyer an order confirmation e-mail with a link to the terms.

A new Tobto.shop store already has these pages from templates: public offer, privacy policy, delivery and payment, returns and exchanges, contacts. They are linked from the footer and the checkout, where the buyer agrees to the public offer and the privacy policy. A template is only a starting point: the admin reminds you to review the texts, and your FOP details and store terms are yours to fill in.

Common mistakes

  • Another store’s offer copied with its details or delivery terms.
  • A «no returns» clause for goods the law allows to be returned.
  • No seller details, or details that do not match the receipt and the «Contacts» page.
  • The offer not updated after payment or delivery methods change.
  • No privacy policy although the store collects names, phones and addresses.

Why payment services check the offer

Before enabling acquiring, a bank or payment service usually checks the site: seller details, contacts, delivery and return terms, the offer. A complete and current set of pages speeds up card payment approval.

See also: monobank payments, Opening a store as a FOP

Offer checklist

  • Full seller details match the receipt and «Contacts»
  • The moment of acceptance is described
  • Price, payment, delivery and returns match the store settings
  • 14 days to withdraw and the exceptions — without limiting consumer rights
  • A link to the privacy policy
  • A version date

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This article is for information only and is not legal advice. Agree your store’s offer text with a lawyer and check current versions of laws on zakon.rada.gov.ua.

Sources

Frequently asked questions

Is a public offer mandatory for an online store?

A contract with the buyer is concluded anyway; the offer fixes its terms the same way for everyone. Without it, acquiring is harder to get and sale terms are harder to prove in a dispute, so stores publish one almost always.

Can I copy an offer from another site?

As a starting point, yes, but the seller details, payment, delivery and returns must match your store. Someone else’s terms are a common cause of disputes and payment service refusals.

Can I refuse to take back goods of proper quality?

Only for goods on the official non-returnable list and in cases set by law. Otherwise the buyer may withdraw from a distance purchase within 14 days.

Does Tobto.shop have an offer template?

Yes, a new store gets templates for the offer, privacy policy, delivery and payment, returns and contacts. Review and complete them before launch.

Try it on your own store

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