Man we are so luck here in the USA with our major retailers and big box stores like Walmart and such that have the most liberal return policies in the world. When I bought my XL in April it was one of the few remaining Mario Kart bundles (sold in Xmas of 2012) at Walmart....I got it home and it had obviously been opened and the Nintendo club card was missing...I took it back the next mornign and exchanged it for the last MK Bundle they had and it was new and had the NC card (and I wanted those evil points to get to platinum)......Here if you didn't get a 4.5 you just take it back easy......In other parts of the world looks like its more dicey....hell if I knew they were doing stuff like (selling used as new) that then I would just buy a used one and demand to 'inspect' it before purchase and then check the FW version.
Don't suppose they have anything like Crags List in China/HK? That is another great resource in the US for finding good deals on used...thats how I found a NIB v1.0 3DS for $100 in August (had to drive 40 miles to meet the guy but so what) and also last year got a barely used ps3 phat that was still below 3.55 (the people bought it to use as BR Player then never did) for $160. So many non-techie types on CL selling off electronic they don't use, you can really score great deals on 'modable' machines.