@Cobretti2 Where is the link with this info?

@snyps GAME, UK

You could have called Nintendo and told them your 3ds was broken... I had an issue with my 3ds and I called them and they transferred my account to my new one with all the games... Granted it wasn't easy but I didn't lose anything...

I do agree their account system is stupid but there is a way around it for now...

If you have a Club Nintendo account, all your purchases are logged. Call Nintendo, explain the situation. They can transfer your games from your old system to your new one.

I agree that we need a modern account system. If anything they inclusion of unified wallets means they are in the process of creating the same system found on steam/psn/live so I am ok for now.
nintendo hardware rarely breaks so I am not too concern about losing my games, but having a modern account system always work.

^ Agreed.

I would support a campaign, but those normally fall on deaf ears... first you should solve your problem and contact both GAME and Nintendo. There have been people who have recovered their digital purchases, you just have to be able to prove it.

My DSi suddenly broke last year, I only have around 15eur of digital purchases so it isn't that bad.  Last month, I had the idea to send the broken DSi over to Nintendo to see if they could fix it, and if it was beyond all hope to get a 2DS replacement instead with the digital content transfered to it. They told me that could only be done with another DSi (which would cost 83.41eur), that the DSi could not be replaced with a 2DS.

Those titles are in my Club Nintendo account, so whenever Nintendo updates their NNID policy I can download them on a 2/3DS if I feel like it (and buy a second WiiU to share digital titles with my family). Till then I will just casually buy their small digital offerings (only spent 10eur on WiiU's eShop so far).

I fully support the notion that downloaded content on any of Nintendo's systems should be tied to an account, and not physical hardware, as is the case currently. If my 3DS or Wii U breaks, gets stolen or lost, I would very much like to have access to everything I legally downloaded and paid full price for on a new replacement system.

Taking the unit back to the retailer was the mistake you made.  If you needed a repair, you should have contacted Nintendo and got the unit set up for a repair at an authorized Nintendo repair center.  Then they would have records of your issue and it would be sent to the correct place for repair and you would most likely get your original unit back and retain all your goods purchased.

Sorry, but not really feeling any empathy.

Contact Nintendo about this. ALL online game purchases are logged to your Club Nintendo account, and if you can prove this is you then they can transfer that to your new system.

Not the most efficient way, granted, and nintendo does need to unify the accounts across their devices but they have started the process with the wallet merging.

Nintendo has no internet connection to be aware of such campaigns.

I agree with other posters that you should contact Nintendo and see what they can do. It is pitiful though that game data is tied to hardware and not your account.