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Nintendo customer service still says Nintendo won't replace lost/stolen digital games
We all know that 3DS eShop games and Virtual Console content is tied to a system, rather than a user account. What happens if you have your 3DS stolen or it gets lost? Last we heard, we were out of luck. Unfortunately, that still seems to be the case.
Thank you for writing. I'll be happy to answer your questions regarding virtual content on the Nintendo 3DS. All virtual content downloaded on the Nintendo 3DS is tied to the system itself. As our warranty doesn't cover lost or stolen game cards and systems, if this were to happen regardless of your games being virtual or you owning the physical copies, they would not be covered for replacement.
This is why we need accounts that are tied to the 3DS and keep track of the digital content you buy. If your portable does get stolen, get ready to kiss hundreds of dollars goodbye.
Link
Thank you for writing. I'll be happy to answer your questions regarding virtual content on the Nintendo 3DS. All virtual content downloaded on the Nintendo 3DS is tied to the system itself. As our warranty doesn't cover lost or stolen game cards and systems, if this were to happen regardless of your games being virtual or you owning the physical copies, they would not be covered for replacement.
This is why we need accounts that are tied to the 3DS and keep track of the digital content you buy. If your portable does get stolen, get ready to kiss hundreds of dollars goodbye.
Link