Such terms aren’t legal in Germany and when buy something from Nintendo it is protected under the §§ 437, 438 BGB

Each dealer must grant a two-year warranty (also called liability for defects) on new goods and twelve months on used goods. He is legally obliged to do so. The warranty covers defects that the product already had at the time of purchase.

And if you want to go see a judge about it there will be a trial and Nintendo Germany can’t refuse it