DSR will mean you can return it, minus perhaps a restocking fee and shipping.
However your argument that you think it is performing out of specification due to it being in some cases slower than the non oc edition is really poor logic and it's hard to point out how wrong someones dogma is.
Just because a cheaper card outperforms occasionally its bigger sibling, does not make your purchase somehow missold, it just means those who took a gamble with the cheaper option got lucky.
Who said it was performing out of specification? I have never claimed that at all.
I am taking objection to the fact out of the box, with no overclocking, the non overclocked versions are boosting the same as the overclocked versions. Meaning the extra £38 that people spent on the overclocked version was essentially for nothing.
They clearly are not binned and the non OC versions are clearly not "failed overclocked versions" at all. They are essentially exactly the same.