My words, but he swears, that he is on 10.4 and never connected to the internet. Actually i'm waiting for a few answers from him. I will keep you up to date if there is something new.
The store he got it from probably opened it, updated, repacked and called it "new and unopened".
The most likely scenario is that someone bought it before, updated it and used it for a bit, but then decided to return it for some reason so did a system format and put everything back in the box and returned it. Unlike the o3DS boxes, I don't think they put little sealing tape on the box lids anymore so it's harder to tell if it's been opened yet.
I don't think so, cause MediaMarkt is one of the 2 biggest electronicstores in germany. And why should they do it? I don't believe, that nintendo calls every reseller to update their consoles to prevent hacks and downgrades.
This is what i think, too..... or he is just a dumbass and updated by himself and is lying to me.