Thank you, here is what I am sending to Vinted:
Subject: FORMAL REQUEST FOR HUMAN REVIEW – ARTICLE 20 DSA – MANIFEST ERROR – AUTHENTIC DIESEL ITEM – PROFESSIONAL ACCOUNT BLOCKAGE
Hello,
I am submitting a formal request for an internal review in accordance with Article 20 of Regulation (EU) 2022/2065 (Digital Services Act).
The decision to block my professional account is based on a manifest error of analysis and a technical malfunction.
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ITEM AUTHENTICITY – ABSOLUTE PRIORITY
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The item in question is an authentic Diesel Denim Division hoodie.
The verifiable objective elements are as follows:
Inner label stating:
Brave Kid S.r.l
Via Fornaci 14
36063 Marostica (VI)
Italy
Brave Kid is the official company of the OTB (Only The Brave) group, the owner of Diesel, responsible for licensed children’s collections.
Official source:
https://www.bravekid.com
General Conditions of Use:
“The Website is made available for the promotion and the sale of Diesel brand products.”
Legal notice on the label:
www.diesel.com
Official RN number:
RN 74299
Valid US textile registration number corresponding to Diesel / OTB.
Indicated USA distribution:
Samsung C&T America / C4 Designs
1430 Broadway, 22nd Floor
New York, NY 10018
Manufacturing:
Made in Bulgaria
Country of production regularly used by Diesel.
Multilingual composition compliant with international standards (FR / DE / ES / JP / etc.).
These elements are consistent, traceable, compliant with Diesel standards, and publicly verifiable.
No material characteristic demonstrates counterfeiting.
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TECHNICAL ERROR – TRIPLE REMOVAL OF THE SAME ITEM
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The blockage is based on three removals of the same item.
However:
– The item was no longer active in my wardrobe at the time of the blockage.
– It was counted three times for a single content.
– A single listing cannot legally justify three distinct infringements.
– The maximum penalty (30 days) was triggered based on an erroneous cumulative count.
I request verification of the internal logs:
– Exact date of actual removal
– Exact date of penalty trigger
– Correspondence of listing technical identifiers
– Verification of algorithmic counting
This situation constitutes a manifest error of automated processing.
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APPLICABLE LEGAL FRAMEWORK
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Article 20 of the DSA (EU 2022/2065)
Obligation to establish an internal review mechanism by a qualified human.
Article 17 of the DSA
Obligation to provide clear, precise, and individualized reasons for moderation decisions.
Article 14 of the DSA
Obligation of diligence and proportionate treatment.
Article L121-1 of the Consumer Code
Prohibition of unfair commercial practices.
Article 1240 of the Civil Code
Liability in case of fault causing damage.
As a declared professional account, this decision results in direct economic damage.
A standardized automated response does not constitute an individualized review in compliance with the DSA.
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FORMAL REQUESTS
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I request:
– An independent and qualified human review
– Complete verification of technical logs
– Written confirmation that an individualized review has been carried out
– Precise communication of the material elements that justified the qualification of counterfeiting
– Immediate lifting of the blockage
In the absence of processing in compliance with DSA obligations, I reserve the right to refer the matter to:
– The competent authority under the DSA
– The DGCCRF
– The competent mediator
– Any competent court
I remain available for any further information and transmission of additional documents.
Sincerely