Be polite but list all the bugs and complete lack of response from developers. They will say it's not their fault but they approve all games allowed for sale so Nintendo is partly to blame here. They will say it isn't policy/typical to give a refund but say that this isn't a typical problem and that it requires a special solution. Be persistent and be polite! If the rep can't/won't help, ask to speak with a supervisor. I also got a credit for PixArk by doing this. They tried to tell me I could only get a one time credit(only one game reunded ever) but I said that's not reasonable because this was a seperate occurrence with a different product. They finally agreed. I also mentioned Nintendo is fine with selling known broken games like WWE 2018, I politely shamed them for taking advantage of parents/kids when they know that it is bugged beyond belief. That seemed to help. They also said Nintendo wasn't responsible for the content on the e-shop but that isn't accurate. I told them a few weeks ago they pulled a game when the developer tweeted about a ruby script editor hidden in the game. Nintendo pulled it from the e-shop the next day proving they do indeed take responsibility for content there. Good luck and be polite!