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Effectiveness of the Offer
An offer will become effective when it reaches the offeree. Article
24 provides that an offer will reach the addressee when it is orally
made to the addressee, or delivered in any way personally to his place
of business, or to his mailing address or to his habitual residence. In
cases where the contract is formed through electronic messaging, the
ICC’s eTerms, 2004, Article 2, states that the addressee accepts an
electronic message when it enters the addressee’s information system,
and in order to apply this provision, the addressee must have an infor-
mation system. If the electronic message is sent to another information
system designated by the addressee, the message is deemed to be
received when the addressee becomes aware of the message
2
.
Withdrawal and Revocation of the Offer
In order for an offer to be withdrawn, Article 15 states that the
withdrawal should reach the offeree before or at the same time as the
offer. It should be noted that revocation and withdrawal are distinct
terms from each other, having different meanings under the CISG.
Revocation of an offer is regulated under Article 16 of the CISG.
An offer is revocable when it reaches the offeree before the acceptance
is dispatched. In some instances, the offer cannot be revoked if there is
a fixed time, or it has been established that it is not irrevocable, and if
the offeree relies on the offer and has acted in reliance thereof, the offer
cannot be revoked.
Rejection of an Offer
Rejection of an offer is stipulated under Article 17; accordingly, a
rejection must reach the offeror in order to terminate an offer, even if
the offer is irrevocable.
Acceptance
Acceptance is regulated under Articles 18 to 22 in line with the
Turkish and Swiss laws of obligation provisions. An acceptance can be
made as a statement or by other conduct. It is important to note that
LAW OF OBLIGATIONS
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2
See also UN Convention on Electronic Convention Article 10 (2).