JKangaroo, is the eShop on your 3DS not working for you, either? :<
Haven't had the chance to check is now... But it was working the other night.
Last time It never worked, I had to send it back to get fixed via. the warranty.
Unless it's just your internet connection (it often doesn't register that unless you're almost directly in the vicinity (few feet) from the actual router/internet source, then it often doesn't work).
If not and it keeps happening there might be something wrong with the 3DS like mine had about the original launch date. :c