It will be very difficult imo to get a refund as it's a design feature unless the seller is very understanding. As I see it, the card has 4GB of ram and that the ram itself isn't slower per say, it's just separated and some software will show a speed reduction when crossing that threshold. But if software it written for it properly, than there would be no noticeable difference. I could be wrong though so can someone please explain it to me if I am.
The statement suggests that the 0.5GB partition is a last resort if a game required more than 3.5GB. Presumably due to reduced bandwidth by their admission/confirmation of fewer crossbar resources to the memory system. So it would appear they manage what data gets put there should they need it, to reduce the detrimental impact it could have on game performance.