It would be worth taking out a subscription to Which? magazine and seeing if they can help; this case seems to fall under the Misrepresentation Act 1967 . The time limit is several months.
Interestingly according to Trek's own site, only the Small size has the cranked top tube. Evans' site uses this illustration, but the only sizes they offer are M and L.
Here is what they say on the same page about choosing the correct size - note their claim to be experts!
Refused exchange or partial refund - bike stand over height too tall
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Re: Refused exchange or partial refund - bike stand over height too tall
I don't think the OP has named Evans so it might be better to avoid naming suspects