Media market Nintendo Switch used?

Hello dear reader,

I recently bought a Nintendo Switch from Mediamarkt, about 4 days. When I started picking them up, I noticed that the seal is no longer attached to the original packaging, which means that it has already been opened. When I looked at the inside of the package at home, it was found that the device has some defects or scratches (see pictures below). At the moment the switch is no longer on the market and I did not want to return it, but got the new switch I had bought. The support said I could not exchange the goods because there's currently no replenishment and I should pay off the switch. However, I have the right to a brand new one if I have also ordered one?

What should I do in your opinion now

I would request a voucher and then redeem it in another media market.

But there's no switch to buy anywhere in the media market.

If you don't want to keep them like this, you can send them back easily.

Since there's apparently no replacement device, you just get your money back.

You would only have the right to a new device if it was expressly agreed. But you can be sure that the terms and conditions are regulated accordingly. And with the purchase you agreed to the terms and conditions.

I would have the difference to a used device paid out

from 400 euro new to 300 euro used

Return it and threaten to report it. Don't let them pull you off

Basically there's nothing against used goods, but if you paid the full price for it is fraud.

You can definitely exchange. In an emergency, threaten the lawyer. You are right from the law.

A voucher for the difference between new and used, i.e. Around 100 euro.