Does it has the Tomodachi Life demo when you first turn it on? If not, its' definitely used and updated. Return it.
Not true. You can check with seller about serial numbers which this thread helps you to determine the firmware. Then you ask seller about the condition of the system (new or ever opened). If it was ever opened seller need to let you know the firmware. You bought based on that agreement. If seller lied, you have a case.
No Tamadachi Life Demo, thanks for your help
There's only 3 games that have 9.6.0 it has to have been used 9.6.0 dropped in march.
There have been cases in Australia where EB Games would send stock back to Nintendo if the firmware was "unstable", I remember getting afew emails back in the day (mostly PSP) where we would send back old stock, was thinking maybe there was a case where nintendo might send new stock with recycled serials, but that seems highly unlikely, especially since eb would end up send it back again
