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Nintendo's discretional refund policy is unnacceptable

Oct 30, 2017
Agreed. Hopefully Europe sue Nintendo over it too like they are doing with Sony.

Also the fact they recommend you to check for reviews of the game you want to buy before doing so when the eshop does not have any kind of review system is hilarious.
They actually had a review system for a few moments last year, but went down quickly, so they are probably working on that.
Oct 27, 2017
Even if somebody doesnt do their homework (which OP did) a customer is well within their rights to request a refund for a defective or badly ported game shortly after buying it.

Your assertion about not getting refunds for physical games anywhere is also highly dependent on country. In a country with good customer protection such as mine I can refund physical games in a timespan of 14 days. That includes after having opened them.
their rights are determined by the service provider. you agree to the terms when you use their service.
no one can stop you from requesting a refund but they are not required to give anyone a refund.
also, there are few digital storefronts that actually allow for refunds on digital purchases. it's a shame, and will hopefully be corrected over time, but that is the current situation...