In North America, Nintendo's eShop policy is blunt: once a digital game or DLC is purchased, the sale is final, and Nintendo points buyers to defective-content exceptions only. That is a policy position, not a law — and it is exactly the kind of "all sales final" clause that U.S. consumer-protection law treats with suspicion when the product is defective or misdescribed.
Your first realistic route for a wrong or broken purchase is the FCBA chargeback if you paid by credit card: a game that crashes on every launch or doesn't match its store listing can be disputed as "not as described." Run the chargeback calculator to confirm the 60-day window is still open before you file.
Your second route is your state's UDAP / "Little FTC Act" statute, enforced by the state Attorney General. If Nintendo's listing misrepresented the game, a consumer complaint to your AG's office puts the dispute in front of a regulator rather than a support script. The AG directory is linked from every state page on this site.
Small-claims court is the last resort. Most single-game disputes are below the filing-cost payoff, but for a large bundle or repeated failed purchases it can be worth it — your state's limit (from $2,500 to $25,000) is shown on its state page. Start with the platform's own process and keep every receipt; that paper trail is what makes the stronger levers work.