General Terms and Conditions to the Agreement for printing and delivery of food vouchers as per Ordinance No 11 of 21.12.2005 on determining the terms and conditions for providing free food and/or supplements to it
These General Terms and Conditions have been established by PLUXEE Bulgaria EOOD in accordance with Art. 298 of the Commercial Act and regulate the relations between the company and its Clients in connection with the printing and delivery of food vouchers as per Ordinance No 11. These General Terms and Conditions are an integral part of the Agreement concluded between PLUXEE Bulgaria EOOD and the Client and are applicable, unless otherwise expressly provided in the Agreement. In the event of discrepancy between the provisions of the Agreement and these General Terms and Conditions, the Agreement shall apply.
- Definitions
Terms and phrases used under these General Terms and Conditions shall have the following meaning:
“Agreement” is the individual Agreement for printing and delivery of food vouchers as per Ordinance No 11 concluded by and between the Operator and the Client together with all annexes, amendments and supplementary agreements thereto.
“Ordinance No 11” means the Ordinance No 11 of 21.12.2005 on determining the terms and conditions for providing free food and/or supplements to it (Published in SG No 1 of 03.01.2006).
“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.
“Client” is the company described in detail and individualized in the Agreement, which is a contractor of Pluxee under the Agreement.
“Food vouchers” or “Vouchers” are the food vouchers printed and delivered by the Operator to the Client in accordance with the Contract, with These General Terms and Conditions and with Ordinance No 11.
“Order” means the order for Vouchers sent by the Client to the Operator and containing all necessary details for its proper execution, including, but not limited to, number and nominal value of the ordered Vouchers, delivery method, delivery address, name and contact details of the addressee (recipient) of the delivery, special requirements of the Client.
“Commercial Site” is any place, premises or facility in which or from which are performed sales of goods – food and/or supplements to it within the meaning of Ordinance No 11, and in which vouchers are accepted.
“Remuneration” means the total value of the printing fee, the delivery fee, the packaging fee, the fee for individualization of the Vouchers and of all other fees and charges due by the Client to the Operator in connection with the printing and delivery of the Vouchers.
“Website” is the website of the Operator accessible at: www.pluxee.bg.
“Parties” or “Party” are the Operator and the Client, together or separately.
2. Scope
These General Terms and Conditions shall apply to the relations between the Operator and the Client under the Agreement executed by and between them and shall govern the conditions under which the Operator shall print and deliver to the Client against consideration vouchers as per Ordinance No 11 and under which the Operator shall provide all services related to the food vouchers’ system management.
3. Obligations of the Operator
3.1. The Operator undertakes to print and deliver to the Client vouchers according to the Client’s Orders and in compliance with the special conditions listed in the Agreement.
3.2. The Order shall be made through the form available for this purpose on the Operator’s Website.
3.3. Within 1 (one) working day from the receipt of the Order, the Operator shall send to the Client by fax, e-mail or regular mail a pro-forma invoice containing the number of ordered Vouchers, their nominal value, printing fee, delivery fee and all other fees due by the Client, if any. The Client is obliged to notify the Operator immediately, but in any case, not later than 1 (one) working day after receipt of the pro-forma invoice, for any errors or discrepancies between the Order and the data contained in the pro-forma invoice. If the Client does not notify the Operator of errors or discrepancies within the period referred to in the previous sentence, the pro-forma invoice shall be considered as accepted and approved and the Vouchers will be delivered in accordance with the parameters specified therein.
3.4. The Operator shall print on the vouchers the nominal value indicated by the Client and all other requisites required by the applicable legislation.
3.5. The Operator is obliged to deliver the vouchers to the address / addresses specified in the Order within 5 (five) working days from the date of payment by bank transfer of the nominal value of the Vouchers and of the Operator’s Remuneration. As date of payment will be considered the date of crediting the bank account of the Operator with the respective amount.
3.6. Together with the delivery of the Vouchers, the Operator is obliged to deliver to the Client a delivery protocol and an original invoice.
3.7. The Operator is obliged to take all necessary security measures in connection with the release and redemption of vouchers, as well as to ensure the acceptance of vouchers in the Commercial Sites in order to purchase goods in them. Information about the Commercial Sites accepting vouchers is published on the Operator’s Website.
3.8. The Operator is not responsible for the quality and availability of the goods offered at the Commercial Sites. Liability about the quality and safety of goods purchased by the bearers of the Vouchers shall be borne solely by the concrete company or trader responsible for the sales performed at the Commercial Site.
4. Obligations of the Client
4.1. The Client is obliged in his Order to provide the Operator with all necessary data for the printing and delivery of the Vouchers in accordance with the Agreement, with these General Terms and Conditions and with the requirements of Ordinance No 11, of Instruction No ПК 25-3 dated 31.08.2006 for the application of Ordinance No 11 and of art. 285 of the Labour Code. The Operator is not obliged to print on the Vouchers details that are not explicitly requested by the Client or are not required according to the applicable legislation.
4.2. The Client is obliged to check the delivered Vouchers at the time of delivery and to make immediately any objections regarding missing or damaged Vouchers.
4.3. The Client bears entirely the risk of loss, theft, destruction or damage of the vouchers that may occur after the delivery of the Vouchers. The Client confirms and agrees that, in the event of occurrence of any of these risks, the Operator shall not be obliged and will not replace or refund the value of the vouchers. In such cases the Client shall not be released from his obligation to pay to the Operator the nominal value of the Vouchers and the due Remuneration.
4.4. The Client shall immediately notify the Operator in the event the Client discovers any loss, forgery, replacement, falsification or imitation of vouchers.
4.5. The management and the legal compliance of the provision of vouchers within the company of the Client remain entirely and solely Client’s responsibility. Under no circumstances can Pluxee be held liable for the reporting (including for the accounting) by the employer of the food Vouchers, for the presence or absence of grounds for their provision and/or for their lawful taxation or exemption from tax and social security payments, as well as for the relations between the Client and his employees arising from the provision of the vouchers. Pluxee is not liable in the event that for some reason the vouchers cannot be exempted from taxation and social security payments.
5. Remuneration. Method of payment
5.1. The Remuneration due by the Client to the Operator for each Order of vouchers shall be determined on the basis of the pricing conditions agreed in the Agreement.
5.2. The Client shall pay to the Operator the full nominal value of the ordered Vouchers and the entire Remuneration due for them within 5 (five) working days after the date of the pro-forma invoice issued by the Operator in accordance with art. 3.3 here above. In case the Client does not pay or refuses to pay the amounts referred to in the previous sentence, the Order will be considered withdrawn and the Operator will not be obliged to print and deliver the requested Vouchers. In case of partial payment of the nominal value and/or Remuneration, the term for delivery of the Vouchers will start running after payment of the remaining amount.
5.3. All payments by the Client shall be made by bank transfer to the bank account of the Operator specified in the Agreement. Bank transfers of the nominal value of the Vouchers and of the due Remuneration may be ordered only by the Client, on his behalf and for his account.
6. Use and validity of the vouchers
6.1. The vouchers can be used only in the Commercial Sites with which the Operator has concluded service contracts. Information about the Commercial Sites accepting vouchers is published on the Operator’s Website.
6.2. The vouchers may only be used for the purchase of food and/or food supplements and food products specified in the Client’s resolution (acting as employer) issued pursuant to Article 7 of Ordinance № 11 (the “Resolution”). In the first Order of the Client to the Operator for printing and delivery of Vouchers, the Client is obliged to indicate in writing his requirements to the content of the Vouchers so as to ensure that they can be used only for the purchase of specific type of food / food supplements corresponding to the one determined by the Resolution. The Client is obliged to notify the Operator in writing and in a timely manner about any change in the Resolution leading to the need to change the content of the Vouchers. The content of the Vouchers delivered by the Operator, aiming to guarantee the purchase of the types of food / food supplements specified in the Order, shall be determined only by the Client in the Resolution issued by him. The Operator shall not be responsible in case the content of the Vouchers does not guarantee the purchase of food / food supplements specified in the Resolution due to non-provision, late provision, inaccuracy, incompleteness, inexpediency or inapplicability of the Client’s requirements.
6.3. The vouchers cannot be exchanged for cash and no outstanding balance is refunded when the value of the goods purchased with the Vouchers is lower than the nominal value of the Vouchers.
6.4. Any damage to Vouchers, including, but not limited to, their perforation, staining, scratching, violation of their integrity and other similar effects, shall make them invalid and their value will not be refunded by the Operator.
6.5. The validity period of the vouchers is printed on the front side of each Voucher. The Vouchers cannot be used after the expiry of their validity period. The nominal value of unused Vouchers and the Remuneration paid for them are not subject to reimbursement by the Operator.
6.6. Within 30 (thirty) days after the expiry of the validity period of unused vouchers, the Client may request the Operator to replace them with new Vouchers up to the amount of their nominal value. The request shall be sent in writing and the Client is obliged to attach the originals of the unused Vouchers thereto. The Client shall pay a replacement fee, as well as the due Remuneration of the Operator for printing and delivery of the new Vouchers. The re-issuance of unused Vouchers is made within 20 (twenty) working days from the date of payment by the Client of the due amounts.
6.7. The Client may request replacement (reprint with unchanged identity) of vouchers damaged after the date of their delivery by the Operator, only if the following conditions are met, cumulatively: (1) the validity period of the Vouchers did not expire, (2) the Vouchers have a preserved bar code or serial number and (3) The Vouchers can be read by the Operator’s reading devices. The Client shall send the damaged Vouchers together with a duly completed and signed Replacement form, a sample of which will be provided to him by the Operator. The Operator reserves the right to assess and approve any request from the Client for replacement of damaged Vouchers, depending on the degree of their damages and on the specific circumstances related to the request.
7. Term of the Agreement. Termination
7.1. The Agreement is concluded for an indefinite term, unless otherwise expressly agreed in writing between the Parties.
7.2. Each of the Parties has the right to terminate the Agreement with 30 (thirty) days notice, sent to the other Party in writing.
7.3. Each of the Parties has the right to terminate the Agreement unilaterally and without notice in case of a failure by the other Party to perform its contractual obligations, provided that this failure has not been remedied within 10 (ten) days after notice given to the defaulting Party to remedy to this failure.
8. Personal data protection
8.1. The Client undertakes, before providing to the Operator any personal data of its employees for the purpose of printing and delivery of vouchers:
- to inform the concerned employees about the provision of their personal data to the Operator in accordance with art. 13, para. 1 (e) of Regulation (EU) 2016/679 (General Data Protection Regulation), including about the categories of personal data that will be provided to the Operator and about the purpose for which these data will be processed by the Operator;
- to obtain the written consent of the employees for the processing of their personal data for the purposes of printing and/or delivery of vouchers in compliance with the requirements of Art. 6, para. 1 (a) of Regulation (EU) 2016/679. The previous sentence does not apply when the data processing will be performed only for the purposes of ordering or receiving the Vouchers and provided that the obligation of the employees to act as contact points of the Client and to receive deliveries on behalf of the Client is part of their job duties.
8.2. The Operator confirms that in his capacity of personal data controller he will process the personal data provided to him by the Client only for the purposes of executing the Agreement. The Operator shall be responsible for his compliance with all his obligations for ensuring the protection and the lawful processing of personal data and, in general, for compliance with all legal obligations inherent to him as personal data controller within the meaning of the General Data Protection Regulation and of the applicable Bulgarian legislation.
9. Electronic form. Effective date
9.1. 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.
9.2. 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.
9.3. The Agreement enters into force from the date of its signing by both Parties with their electronic signatures.
10. Final provisions
10.1. Each Party undertakes, on its own behalf and on behalf of its employees, not to disclose any confidential information received from the other Party (including discussions, negotiations, the existence or the content of the Agreement) during the validity of the Agreement and for 3 (three) years after the termination of the Agreement for any reason whatsoever, unless if that information has already been made public or its disclosure is required by law.
10.2. The Parties agree to conduct all official correspondence for the purposes of the Agreement to the correspondence addresses specified in the Agreement, including e-mail addresses. In the event that either Party changes its correspondence address without explicitly notifying the other Party thereof in writing, the messages sent to the address specified in the Agreement will be deemed to have been received.
10.3. Any amendment or modification of the Agreement shall be in writing in order to be valid.
10.4. Disputes arising in connection with the conclusion, the interpretation, the execution or breach of the Agreement shall be resolved by mutual consent through negotiations between the Parties and in a spirit of good understanding. If the dispute cannot be settled through negotiations, it shall be referred to the competent court in this city of Sofia.
10.5. 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.
10.6. If a separate provision of the Agreement or of these General Terms and Conditions is found to be invalid, this shall not invalidate the entire Agreement. The Parties will replace the invalid clause with a legally valid and enforceable one, which to the greatest extent corresponds to their true will.
These General Terms and Conditions shall become effective as of 25.09.2025. 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 Client upon expiration of a period of 14 days from the date of a written notification of the amendment sent by Pluxee to the Client, unless during this period the Client has rejected the changes in writing. Upon rejection of the changes in writing by the Client, Pluxee shall be entitled to terminate the Agreement with a 14-day written notice sent to the Client without owing to the Client any compensation, liquidated damages or other payments.