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you should get it repaired, or at least check the battery to make sure there is no acid leaking, also since it is a new 3ds contact nintendo and they may repair it for freeI saw a split in my New 3DS, I can smell battery acid, when I play for a long time now.
Should I get it repaired, or I'm just smelling it because of the opening?
I've had my 3ds repaired by Nintendo for free twice. They are very nice and helpful. You just have to make sure that the damage wasn't caused by misuse, or something you did. Like drop it, drop it in water, or step on it type of things. As long as its still under warranty you should be able to get it repaired for free.
They don't always erase it,but sometimes they have to so a back up is good. All you really need to do though is take out the SD card and keep it at home with you. If they need to SD card too, just make a copy of it before you send it off.