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Nintendo's policy is utter nonsense.

Yeah, the dude fucked up.

As posted above, every other major storefront does better than this, with most of them doing much better. If he had purchased this game in most other stores, then realized it wasn't right for him in a few minutes, or even up to two hours in most cases, he'd have his money back without difficulty. But, from Nintendo, he gets a "We're very sorry. Fuck you."

Anyway, the best way to combat these policies is to not buy on the e-shop, and to talk about this stuff wherever you can. Nintendo is very, very slow to adapt, but they will eventually get it right. The more we complain and the less we buy, the sooner they'll straighten up.