I emailed a complaint to Nintendo's support desk about this and got a response a few days ago. They told me that they have removed the "plays at 60Hz" message and say they can't comment on the quality of the product as that is down to the publisher (D4E games in this instance).
VC and WiiWare is non-refundable (in the terms and conds of using the online services) but they took my Wii serial number and said Nintendo Europe might do something about it.
Will be interesting to see what happens. It would be nice if they do something for me.
I'll also send a complaint to D4E if I can.