Scan have "pros" that will try to shift/negate blame. When my water pump died they tried to blame me and I had questions asked from A-Z by their resident "Watercooling expert".
So you must know your stuff before calling them.
The 970 is still a fantastic card running 1080p60 today.
With any retailer in the UK you should be able to return the 970 should you wish under the sale of goods act. If they refuse then you can go to your credit card or bank and get them to do a chargeback. Just tell them the goods were misrepresented at time of sale but it has only just come to light. Then contact the retailer with details of when you are available for them to have a courier come pick up the product, at their expense ofc.
The retailers should then get on the phone to their suppliers and kick up a storm so they get their money refunded and so on until you hit the manufacturers and NV themselves.
The UK already has the system in place to deal with this but I can somewhat understand how much of a pita this will be for the retailers simply due to the volume that they need to deal with, however, just because it is a pita does not give them an excuse to not comply with the law.
The card itself is still a very good card though and if you are still interested in it then great, at-least you know exactly what you are getting and what its potential short comings are so you can make a truly informed decision. This was denied to the people who purchased the card prior to this coming to light and is why anybody who wants a refund for it should get one.