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The handheld console boasts the first 3D screen that does not require glasses but many have found the side effects mean they are unable to play the games.
Sufferers have complained of dizziness, nausea and headaches after using the gadget but their sickness has turned to anger as shops refuse to pay back the full price of the console.
The 3DS was released just 10 days ago at a recommended retail price of £229.99 but some managed just a few minutes of game time before feeling the effects. Some of those attempting to return the device to Game stores found their refund was up to £30 less than they paid for the console.
It does, however, come with a warning and is not recommended for children under the age of six.
A spokesman for Nintendo told the Daily Mail: "The Nintendo 3DS was designed with a 3D depth slider that lets users adjust the 3D effect so that everyone can still enjoy this product.
"When viewing any kind of 3D images, including movies and on TV, some people might experience minor discomfort. The effects are short term and have no lasting effect; most people can continue after taking a break."
Unfortunately, those who wish to return their purchase must rely on the goodwill of the store - Game spokesman Neil Ashurst advised that unless the console is faulty, full refunds will not be offered.
However, he added that those who felt unwell using the gadget would received either £190 in store credit or a £180 cash or credit card refund.
What's your verdict on the Nintendo 3DS? Let us know below...