These General Terms and Conditions are established by Pluxee Bulgaria EOOD in accordance with Art. 298 of the Commercial Act and together with the Agreement regulate the conditions under which the Merchant services in his Commercial Sites users of Ordinance No 7 Food Vouchers and Ordinance No 1 Food Vouchers.

1. Definitions

Terms and phrases used under these General Terms and Conditions shall have the following meaning:

“Agreement” is the individual Agreement for cooperation with Merchants accepting Food Voucherson electronic carrier concluded by and between Pluxee and the Merchant, together with all appendixes, amendments and supplementary agreements thereto. 

“Operator” or “Pluxee” is the company Pluxee Bulgaria EOOD, UIC 131085380, VAT No BG131085380, with seat and registered address in Sofia, 1766, Mladost District, residential area Mladost 4, 2 Samara Street, “Advance Business Center” 2 building, 7th floor, office 02.

“Merchant” is the company described in detail and individualized in the Agreement, which is a contractor of Pluxee under the Agreement.

“Ordinance No 7 Food Vouchers” are the food vouchers on electronic carrier issued by Pluxee in accordance with art. 209a of the Corporate Income Tax Act and with Ordinance No 7 of 09.07.2003 of the Ministry of Employment and the Ministry of Finance (“Ordinance No 7”)

“Ordinance No 11 Food Vouchers” are food vouchers on electronic carrier issued by Pluxee Bulgaria EOOD in accordance with Ordinance No 11 on the terms and conditions for providing free food and/or supplements to it („Ordinance No 11”).

“Vouchers” refers to each or both of the two categories of Ordinance No 7 Food Vouchers or Ordinance No 11 Food Vouchers.

“Commercial Site” is any place, premises or facility of the Merchant listed in Appendix No 1 in which or from which are performed sales of goods or services and in which Vouchers are accepted.

“Remuneration” means the total value of the initial activation fee, the administrative annual fee, the service fee and of all other fees and charges due by the Merchant to Pluxee in connection with the Agreement.

“Parties” or a “Party” are the Operator and the Merchant, together or separately.

“Unique identification code” is the identification number (MID number, Merchant ID) issued for the Merchant by its servicing payment institution or bank.

2. The Merchant is obliged:

2.1. To accept in his Commercial Sites payment with Vouchers specified in the Agreement for goods or services included in the following category: ( food and food products.

2.2. To provide the necessary infrastructure to accept the Vouchers, including by keeping at least one active POS terminal in at least one Commercial Site for the entire term of the Agreement. In the event of damage or technical problems with the POS terminals, the Merchant is obliged to immediately take all necessary actions to remedy them;

2.3. Not to allow the Vouchers to be used for the purchase of wine, spirits, beer or tobacco products;

2.4. In case of Ordinance No 11 Food Vouchers, to sell to users only the food printed on the electronic carrier of each Ordinance No 11 Food Voucher;

2.5. To sell the food and food products at prices announced in the relevant Commercial Site, without including a mark-up or adjusting the prices by the amount of the remuneration due to the Operator, nor by commissions or fees due to maintain the infrastructure necessary to accept the Vouchers. This requirement also applies to all other categories of goods or services paid with Vouchers and mentioned in Art. 2.1 above;

2.6. Under no circumstances to exchange the Vouchers for money orto return in cash the remaining nominal value of the Voucher;

2.7. To promptly notify the Operator of its unique identification code at the payment scheme level, as well as to notify the Operator of any change to its unique identification code.

2.8. To place stickers provided by the Operator in a prominent place on the windows of the Commercial Site, showing that the Site accepts the appropriate type of Vouchers; 

2.9. To accept that the payment of the nominal value of the Vouchers by the Operator will be made only cashless;

2.10. Not to transfer, assign or sell to third parties his right to be a member of the network of merchants accepting Vouchers;

2.11. To allow the Operator to include his trademark and/or name in its public list of merchants accepting Vouchers, as well as to inform its clients and the users about the location of the Commercial Sites and about the fact that they accept Vouchers;

2.12. To pay the Remuneration due to the Operator in the manner specified in the Agreement and in these General Terms and Conditions. The Remuneration will be paid to the Operator from the bank account specified in section IV above. The Merchant is obliged to notify in written the Operator for any change in the bank account specified in section IV above within 3 working days as of the change. 

2.13. To provide to the Operator a list of Commercial Sites in which Vouchers are accepted as per the form – Appendix No 1, and to notify the Operator immediately and in writing in case of any change related to the Commercial Sites, including, but not limited to: change of name, address, closure of the Commercial Site, opening of a new Commercial Site, change of the category of the Commercial Site, transfer of ownership and/or management of the Commercial Site, etc. The Parties agree that the Merchant will accept Vouchers, under the terms of the Agreement and of these General Terms and Conditions, in each newly opened Commercial Site, without the need for any additional action to be undertaken by the Parties;

2.14. To ensure and to guarantee the quality of the goods and services sold in the Commercial Sites and the safety of the users of Vouchers in accordance with all requirements of the Bulgarian legislation. In case of non-compliance with these requirements, Pluxee shall have the right, at its sole discretion, to remove the affected Commercial Sites from its network of commercial sites.

2.15. To comply with the requirements and conditions specified in the Corporate Income Tax Act and in Art. 29, para. 1 of Ordinance No. 7, namely that:

(i) he is registered as a trader and carries out business activities in commercial sites falling within the scope of Art. 29, paragraph 1, item 1 of Ordinance No. 7, namely - restaurants, quick service establishments or in food trading facilities, including grocery stores, supermarkets, hypermarkets, etc., operating in accordance with the requirements of the Foodstuff Act, or he is supplier of goods or services included into any of the categories under art. 2.1, items (ii), (iii) or (iv) of these General Terms and Conditions;

(ii) he is registered under the Value Added Tax Act;

(iii) he is identified with a unique identification number at the payment scheme level to enable the Operator to authorize Voucher transactions;

(iv) he has no enforceable public obligations for taxes and mandatory social security contributions at the time of the conclusion of the Agreement;

(v) he complies with the requirements for safe and healthy working conditions;

(vi) he has employed all of its employees under employment and/or management contracts.

2.16. The Merchant declares to the Operator the circumstances under the previous article of these General Terms and Conditions by means of a declaration which is an integral part of the Agreement. In the event of changes regarding the declared circumstances, the Merchant is obliged to notify them in writing to the Operator within 3 (three) days from the date of the occurrence of these changes;

2.17. In case of non-fulfillment of Art. 2.15 and 2.16 above on the part of the Merchant, the Operator has the right to receive compensation for the damages suffered as a result of this, as well as to terminate the Agreement with a written notice with immediate effect.

2.18. To become familiar and to comply with the Pluxee Supplier Code of Conduct, available at: https://www.pluxee.bg/sites/g/files/jclxxe346/files/2024-11/BRS%20-%20Pluxee%20Supplier%20Code%20of%20Conduct%20-%20241124_eng.pdf 

         3. Undertakings of the Operator:

3.1. The Operator is obliged to provide the opportunity for the Merchant to join the Vouchers’ payment scheme;

3.2. The Operator is obliged to ensure the possibility to authorize the transactions through international card scheme processing card payment transactions at the level of the Merchant’s unique identifier and the identifier of the institution serving the Merchant for all payment operations carried out by using the Vouchers in the Commercial Sites.

3.3. By the 5th of the month following the month to which it relates, the Operator will send to the Merchant an invoice for the Remuneration due by the Merchant including VAT through email and/or in the profile created by the merchant in the Pluxee Web Portal for Merchants accepting "food" vouchers on an electronic carrier. The Merchant is obliged to pay the Remuneration by bank transfer within 15 (fifteen) working days as from the date of sending of the relevant invoice. For the avoidance of doubt, sending invoices to the merchant's profile in the Pluxee Web Portal for Merchants accepting "food" vouchers on an electronic carrier is only applicable to merchants accepting food vouchers on an electronic carrier in their sites.

3.4. The Operator has the right to unilaterally amend the Remuneration or some of its components within the statutory maximum amount, if any. The amendment will become effective with respect to the Merchant after the expiry of a period of 14 days from the date of the written notification sent by the Operator to the Merchant, provided that there is no written objection from the Merchant. In the event that the Merchant objects in writing to the amendment within the specified period, the Operator will be entitled to terminate the Agreement with 14 days’ written notice sent to the Merchant, without owing the Merchant any compensation or penalties in connection with such termination.

3.5. The Operator shall pay to the Merchant  the nominal value of the Vouchers cashless, within 5 (five) working days after the completed transaction. The payment shall be made through international card scheme processing card payment transactions. 

3.6. The Operator is not obliged and will not accept changes of the data of the Merchant and of the bank account of the Merchant to which nominal value of Vouchers is transferred without receiving an official letter signed and stamped by the person representing the Merchant.

         4. Vouchers Design

The design and security elements of the electronic carrier of the Vouchers can be changed at any time by the Operator, and the Merchant shall not be entitles to deny acceptance of Vouchers due to circumstances related to the design of the carrier, unless otherwise instructed in writing by the Operator.

         5. Term of the Agreement 

5.1. The Agreement is concluded for a period of one (1) year and becomes effective on the date of its signing by both Parties;

5.2. The term under the previous item shall be automatically extended for a new term of one (1) year in case neither of the Parties opposes to the extension of the Agreement in writing at least thirty (30) days before the expiration of the initial or subsequent one-year periods. The rule under the previous sentence shall apply automatically and repeatedly at the end of each one-year period.

         6. Termination and changes of the Agreement 

6.1. Either Party may unilaterally terminate the Agreement by giving three months’ written notice to the other Party by registered letter with acknowledgment of receipt. The date indicated on the return receipt shall be considered as beginning of the notice period;

6.2. The Agreement may be terminated unilaterally by Pluxee with one-week written notice sent to the Merchant if the Merchant violates the regulations on Vouchers and/or if he misuses the voucher system, including, but not limited to, when the Merchant: 

(i) exchanges Vouchers for money or returns in cash the remaining nominal value of Vouchers;

(ii) adjusts the prices of the goods by the amount of remuneration payable to the Operator or requires commissions or fees payable to maintain the infrastructure necessary to accept the Vouchers; 

(iii) accept Vouchers as a means of payment for wine, spirits, beer or tobacco.

(iv) does not pay the Operator’s Remuneration and the delay has lasted more than 10 (ten) business days after the due date of the payment obligation.

6.3. The Operator has the right to block, temporarily until the circumstances are clarified or permanently, the acceptance of the Vouchers at the Commercial Sites in any case of non-compliance with the Agreement, including delay or non-payment of the due Remuneration. The Operator will notify the Merchant by email/phone about the period of blocking and the reasons that led to the blocking.

6.4. In the event of a delay in the payment of the due remuneration under the conditions and within the time limits under Clause 3.3 by the Merchant, the latter shall owe to the Operator statutory default interest on the unpaid amount for each day of delay until its full payment.

         7. Disputes

7.1. All disputes related to the Agreement and to these General Terms and Conditions will be resolved through negotiations between the Parties, in a spirit of goodwill and understanding. In case the dispute cannot be resolved through negotiations, the dispute will be resolved by the competent Court in the city of Sofia.

7.2. The provisions of the Bulgarian legislation shall apply to the Agreement and to these General Terms and Conditions. 

         8. Entry into effect. Amendments 

8.1. These General Terms and Conditions shall become effective as of 17.11.2025.

8.2. These General Terms and Conditions may be amended at any time at the Operator’s sole discretion. Any amendment of these General Terms and Conditions shall become effective and shall be binding for the Merchant upon expiration of a period of 14 days from the date of a written notification of the amendment sent by the Operator to the Merchant, provided that there is no written objection from the Merchant. In the event that the Merchant objects in writing to the amendment within the specified period, the Operator will be entitled to terminate the Agreement with 14 days’ written notice sent to the Merchant, without owing the Merchant any compensation or penalties in connection with such termination.

         9. Addresses. Privacy 

9.1. Each Party is obliged to notify the other Party in writing in case of change of the address of management, address for correspondence or email address specified in the Agreement. In the event of lack of notification, all notices shall be deemed to have been served if they were sent to the addresses specified in the Agreement.

9.2. The Merchant is obliged to keep confidential, not to use and not to disclose in any way to any third party any confidential information that he has learned in connection with the performance of the Agreement, during its validity and after its termination;

9.3. The Parties agree that the term “confidential information” shall mean any information, including but not limited to: fees for servicing and redeeming Vouchers and all other fees of the Operator under the Agreement, redeeming terms, information on costs, profits, profits, prices and pricing strategy, business organization, trade strategy, databases, know-how, software, plans, design, information models, documentation, business plans, production information, sales, accounting and marketing information, lists of current or potential contractors, customers, suppliers and/or partners of the Operator; details of the relations or arrangements of the current or potential counterparties, customers, suppliers and/or partners of the Operator, including business conditions, price arrangements in force or in the process of negotiation; data on the Operator’s business methods, resources (including human resources), finances, strategies; information entrusted by/to the Operator to/by a third party and/or by/to the Merchant; any information relating to the Operator or its counterparties, customers, suppliers or partners that the Operator or the relevant counterparty, customer, supplier or partner reasonably considers confidential, regardless of how it was received by the Merchant, the content of the Agreement and especially the data under sections III, IV and V. The term “confidential information” also includes lists of employees, as well as any other information that the Merchant is notified to be treated by the Operator as confidential;

9.4. The information, regardless whether it is confidential or not, provided to the Parties or to their representatives during the term of the Agreement or after its expiration or termination, will be handled in good faith and both Parties will refrain from engaging in activities that may prejudice their reputation and interests;

9.5. Except when required by law or when required expressly and in writing by public authorities, each Party declares that it will not disseminate or disclose in any way the discussions, negotiations, existence or content of the Agreement and of these General Terms and Conditions without the prior written consent of the other Party.

         10. Language

When the Agreement is concluded in two languages (Bulgarian and English), in case of discrepancy between the Bulgarian and the English versions of the Agreement or of these General Terms and Conditions, the Bulgarian text shall prevail.

         11. Electronic form. Effective date

11.1. The Parties expressly agree that when the Agreement is signed electronically by means of a technical solution for electronic signature provided by a trusted service provider, it shall constitute an original of the Agreement and shall bind the Parties. The Parties undertake not to challenge the admissibility, enforceability or evidentiary value of the Agreement solely on the basis of its electronic nature. The parties expressly confirm that the Agreement signed by them electronically has the same evidentiary value as a document signed by hand within the meaning of Art. 13, para. 4 of the Electronic Document And Electronic Authentication Services Act. This paragraph shall also apply to any amendment or supplement to the Agreement and to any notification or declaration under the Agreement that the Parties may sign electronically.

11.2. For the avoidance of doubt, the Parties expressly agree that by signing the Agreement electronically, they shall be deemed to have signed each page of the Agreement, the General Terms and Conditions and all other related declarations and attachments, and declare that they are familiar with them and that they accept them.

11.3. The Agreement enters into force from the date of its signing by both Parties.