Regulations
Polski |
English |
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Company - any User who uses the Program for purposes directly related to his or her business or professional activity; |
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Consumer – any User who uses the Program for purposes not directly related to his business or professional activity; |
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Account - a free service that is provided electronically; consisting in providing a separate and modifiable part of the Program that allows the use of other Services; |
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Fee - the amount that must be paid to use paid Services. |
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Program – software available at gbboptimizer.gbbsoft.pl and gbboptimizerX.gbbsoft.pl, where X are consecutive natural numbers. |
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Force majeure - an event that could not be predicted (with due diligence), which is external to both the User and the Seller, and which could not be resisted by acting with due diligence. This concerns various events, such as hacker attacks, actions of public authorities, natural disasters, introduction of malware into the Program; |
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Agreement - an agreement for the provision of Services, which is concluded by accepting the Regulations; |
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Services - a specific type of services provided to the User electronically in the form of providing Program functionalities, in particular the Account. |
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User - a person with full legal capacity, using the Program and concluding an Agreement with the Seller. |
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Seller - "Gbb Software - Piotr Maciejewski" based in Warsaw, Cicha Street 5/3, 00-353, Poland, entered into the CEiDG register, EU VAT: PL5260311076, REGON: 010330706 |
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Subscriptions – paid Services provided for a specified period of time. |
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Basic information |
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The applicable law for all Agreements is Polish law - this means in particular that to the extent something is not described in the Regulations, the provisions in force in Poland, e.g. in the Civil Code or the Consumer Rights Act, will apply. |
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The relevant Regulations are the Regulations written in Polish. |
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If you have any questions, please use the e-mail address: GbbOptimizer@gbbsoft.pl. We will try to answer your doubts as quickly as possible. |
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Program |
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To use the Program, your equipment must meet the following requirements: |
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active e-mail account (to register and receive important information); |
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installed on the device and the current version of one of the browsers: i) Google Chrome; ii) Microsoft Edge. |
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enabled support for cookies (those necessary to display the Program on the device) and JavaScript; |
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device (phone, tablet, computer, including laptop) with Internet access; |
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The Program may connect to other devices and external infrastructure to the extent necessary for the proper provision of the Services. While we will try to ensure that communication is carried out correctly and in accordance with standards, protocols or their descriptions, we cannot be responsible for the operation of devices or infrastructure that are beyond our control. |
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If these devices or infrastructure do not operate in accordance with the standards, protocols or their descriptions, their owner or custodian is responsible for them. |
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You may use the Program only in accordance with the provisions of the Regulations and legal provisions. If any rules are violated, we may take the actions referred to in the "Violation of the Regulations" section. |
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Other people also use the Program. Therefore you must not: |
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introduce any illegal content into the Program |
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act in it in violation of regulations, good customs and other basic norms; |
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take any action that may cause problems with the operation of the Program or Services; |
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take actions that may cause damage or other negative effects on the part of the Seller or on the part of third parties, primarily other users of the Program; |
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take or refrain from actions that cause the Program to generate too many errors |
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The Program and all its components (as well as the design, logo and other markings contained in the Program) may be subject to intellectual property rights (including copyrights and industrial property rights), and may also constitute registered trademarks or industrial designs. Therefore, they may not be copied, reproduced or distributed without the consent of the Seller. Otherwise, the Seller may take actions to protect the rights. |
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Account |
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To use the Program, in particular to conclude the Agreement covering the Services, an Account must be created. All necessary information related to its establishment is available in the Program. |
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The Program cannot be used anonymously. |
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If the provisions of the Act on Consumer Rights do not apply to the use of the Services in the scope of the Account, the Seller provides the service free of charge, only in connection with the provision of the required personal data, which is processed only for the purpose of performing the contract, the subject of which is to provide access to the functionality is Account. |
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The Account contains the data provided when registering in the Program. The User is obliged to keep his/her data current and accurate within the available functionalities of the Account. |
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You may not transfer any rights or obligations related to the Account to someone else without the Seller's express and clear consent. |
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After creating an Account, the Seller will contact the User via messages sent to the provided e-mail address. They may contain information about changes to the Regulations, changes to the Services, new functionalities, promotions under the Program and problems with the operation of the Services. |
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Our services |
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The Program offers several Services, the most important of which are: |
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Account |
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Company data registration and invoice management |
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Downloading and viewing statistical data from connected Inverters |
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Inverter optimization, based on historical data and expected in the near future. |
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If an agreement for paid Services is concluded, we will provide: |
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access to them immediately after payment; |
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access to them for the entire purchased period; |
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A detailed description of the operation of individual Services can be found in the Program, in particular in the "Manual" module. In some cases, the Seller may implement new Services as part of the Program - however, this will not be treated as a change to the Regulations, unless such a change is necessary due to the properties of the new Service. |
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If the desire to purchase a given Service is expressed, provided that consumer regulations apply to it, the Seller will provide additional information required by law. |
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If Services are dependent on other third-party services and those third-party services (a) drastically change their fees or (b) change the terms and conditions of providing those services or (c) suspend the provision of the services, we have the right to suspend the provision of our Services.. |
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Services related to Inverters |
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If you purchase Inverter-related Services, you must have the devices (infrastructure) required to communicate with that Inverter. |
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Due to the diversity of Inverters, some program functionalities may not work for a given Inverter model, we try to write about this in the "Manual" module. |
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Fees |
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If the Service is payable, you can pay for it only through the Online Payment Operator indicated by the Seller: Krajowy Integrator Płatności S.A. ("TPay"). Available payment card methods: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro. |
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To make the payment, you will be required to provide accurate data (e.g. name, surname, home address, country of residence, etc.). This data will be transferred to the Online Payment Operator. |
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All Fees are expressed and accepted in PLN (Polish Zloty). Currency conversion costs are covered by the User. |
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Under the Program, Fees are not individually adjusted based on automated decision-making. However, Fees incurred by individual users may vary. |
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In some cases, the Seller may reduce the Fees, e.g. by providing a promotional code that can be registered when purchasing the Service, or by paying in advance for a longer period. |
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If the purchased Service period comes to an end and its extension is not purchased, the Seller will block the optimization of the Inverters. |
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The Seller may issue an invoice for the purchased service provided that the company details are provided before payment begins. This may result in a change to the VAT charged. To receive an invoice you must: |
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Before you start making payments, enter your Company details in the "Installer" module. |
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Data must include a valid VAT number which will be verified against the White List (PL) or EU VAT number register maintained by the EU |
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These data must be verified by the Seller, only after verification they can be used during payment. |
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The conclusion of the contract for the paid Service and the commencement of its use takes place immediately after receiving the payment, therefore the User loses the right to withdraw from the Contract within 14 days (the User will be asked to confirm acceptance of this fact) and it will not be possible to obtain a refund of the paid Fee. |
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If a payment is received that is too low in relation to the required Fee, the payment is recorded as an overpayment and the purchase of the Service is not completed. |
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If a payment is received that is too high in relation to the required Fee, the excess is recorded as an overpayment and the Service is purchased. |
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The overpayment may be used for further purchases or may be refunded in the same way as payment was made, within 14 days of receiving the request. |
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If a paid Service for which a discount was granted for a longer period is shortened by the User, the Fee will be charged proportionally for the period used as if the discount had not been granted. |
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Promotional codes |
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Promotional codes provided by Installers authorize a reduction in Fees for the period specified in the code and bind the Plant/Inverter with the Installer who provided the code. The Installer will receive an email and the name of the Plant so that it can identify the User. |
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Information about the associated Installer and brief information about it can be found in the "Installer" module. The Installer is responsible for the content of information about the Installer. |
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You can only be associated with one Installer at a time. The current and new Installer must agree to the change of Installer. |
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After entering the promotional code provided by the Installer, the Installer provides technical support services for the Program to the User. |
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Promotional codes provided by the Seller authorize a reduction in Fees for the period specified in the code. |
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If the payment related to the use of a promotional code provided by the Installer is refundable, the refund will be linked to the Installer's consent. |
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Promotional codes may have a limited period of registration in the Program |
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Responsibility |
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The Seller is responsible for the smooth technical functioning of the Program and for access to the Services. |
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The Seller is fully responsible for the compliance of the offered Services, including the Program, with the Agreement and the submitted assurances. |
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The Optimization software is written to the best of our ability, but we cannot guarantee that it will always optimize the Inverter in the best possible way. |
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The Seller is liable for losses caused by a malfunctioning program, but only up to the amount of the price paid for the Service, in proportion to the time of the unused period. Once this fee is refunded, the Account will be closed. |
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The Seller is not liable for damage that occurred: |
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in connection with: violation of the Regulations, providing false data within the Account, placing an order for paid Services even though the person placing the order was not authorized to do so; |
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after providing login data (login and password) to the Account to third parties; |
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as a result of malicious or harmful software (malware) illegally introduced into the Program by third parties; |
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as a result of deleting the Account; |
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due to short difficulties or lack of access to the Program related to repair, modernization or similar work |
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Withdrawal from the contract |
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The User has the right to withdraw from the Agreement within 14 days, without giving a reason, by submitting a declaration of withdrawal from the Agreement to the Seller (the declaration must be sent from the e-mail address used when creating the Account) to the e-mail address: gbboptimizer@gbbsoft.pl. |
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Together with the confirmation of the conclusion of the Agreement, we will send a sample declaration of withdrawal from the contract. The right to withdraw from the contract can be exercised using it. |
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In some cases, there is no right to withdraw from the Agreement. This will be the case when the subject of the Agreement is the purchase of paid Services, access to which is activated immediately after payment, provided that consent has been previously given to make the Service available before the deadline for withdrawing from the Agreement via the functionality of the Program, which results from Art. 38 section 1 point 13 of the Consumer Rights Act. |
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After submitting a declaration of withdrawal from the Agreement, the Seller will immediately confirm receipt of such declaration. If this right was not granted, the Seller will provide such information to the User. |
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If the declaration is effective, the Seller will refund the paid Fee within 14 days from the date of delivery of the declaration, in the same way as the payment was made. |
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Violation of the regulations |
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For using the Program contrary to the provisions of law or the Regulations, the Seller has the right to take various actions at its discretion: |
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issuing a warning; |
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disabling certain tasks performed by the Program |
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temporary blocking of the Account; |
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deletion of the Account and termination of the Agreement with immediate effect; |
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preventing the creation of an Account again under the Program. |
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The User will be informed about blocking or deleting the Account and terminating the Agreement in an e-mail, which will also include the reasons for the decision. |
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Complaints |
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Complaints regarding the functioning of the Program and the Services provided through it should be sent to gbboptimizer@gbbsoft.pl. The complaint should contain at least data enabling the User's identification and an indication of reservations and comments regarding the Program, Service and a definition of expectations from the Seller. |
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The complaint will be considered within 14 business days, unless no information enabling its consideration has been provided or no data enabling the User's identification has been provided. |
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In the case referred to above, the deadline for considering the complaint runs from the date when the Seller receives the missing information. |
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If the Seller does not respond to the complaint within the deadline, it means that it has been accepted and considered in favor of the User. |
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A response to the complaint will be sent to the e-mail address provided by the complainant. The response to the complaint is final, but the User may take the actions referred to in the "Dispute Resolution" section or take other actions provided for in the regulations. |
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Dispute resolution |
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If a conflict occurs, it is possible to use other dispute resolution methods (ADR) alternative to court proceedings, in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which you can turn to resolve disputes under ADR can be found at this link: https://polubowne.uokik.gov.pl. |
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You can also use out-of-court methods of dealing with complaints and pursuing claims by submitting a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/. |
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If the User is a Consumer and does not decide to use ADR or ODR, any disputes will be resolved by the court whose jurisdiction should be determined in accordance with applicable regulations. |
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If the User is a Company, any disputes arising will be resolved by the court competent for the Seller's registered office. |
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Personal data |
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Information regarding personal data can be found in the Privacy Policy. |
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Technical operation of the Program |
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The Seller will make every effort to ensure the proper functioning of the Program. |
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The Seller ensures the continuity of operation and efficiency of the Program. This does not apply to events and their effects related to Force Majeure affecting the Seller or the server operator or other external software providers. |
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In order to ensure better quality of the Services and satisfactory operation of the Program, sometimes the Seller may carry out maintenance or modernization activities of the Program, as well as updates. Therefore, there may be technical breaks in access to the program, which will not last longer than 3 hours per month. |
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Changes to the Regulations. |
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The Regulations may be changed for important reasons, in particular legal reasons (amendment of regulations, change in the way of conducting business) or technical reasons (modernization of the Program, change in the way the Program or Services operate, adding new functionalities). |
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If the Seller changes the Regulations, it will not affect the Agreement to the extent it concerns access to paid Services for the period for which it was concluded. |
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The User will be informed about any change in the Regulations when entering the Program for the first time after the change in the Regulations. If the amended Regulations are not accepted, the User may terminate the user account agreement with immediate effect without incurring any costs by sending an e-mail to gbboptimizer@gbbsoft.pl. |
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If any of the provisions of the Regulations turns out to be invalid in whole or in part, the remaining provisions shall remain in force, and in place of the invalid provisions, the remaining part of the Regulations will be interpreted in such a way that their legal force and economic effect are as close as possible to the invalid provisions. |