What is the difference between an offer and an invitation to treat?
Broadly speaking, an invitation to treat is when you invite someone else to make you an offer. For example, when you advertise your products that is usually an invitation to treat rather than an offer: it is up to the customer to offer to buy. The contract comes into existence only when you then accept the customer's offer.
Making an invitation to treat, rather than an offer, protects you from finding yourself having agreed to a contract you cannot fulfil. Instead you can refuse the customer's offer to buy if necessary - for example, if you have run out stock.
This can be an important protection for you if you sell at a distance: for example, through your website or a catalogue. Take advice to ensure that any website, marketing material, quotation etc make it clear that you are only making an invitation to treat, not an offer.
