After returning the shoes to my retailer, Lakeland Great Outdoors at Staveley near Kendal they were returned to Mountain Boot Company at Newcastle upon Tyne who I presume are the UK distributors for Scarpa. Initially Mountain Boot refused to refund because there was no manufacturing fault, but further communication followed emphasising that my complaint was a matter of "fitness for purpose".
I have now been contacted by Lakeland Great Outdoors saying they have have come to a mutual agreement wtih Mountain Boot enabling them to give me a full refund.
I would like to say that the whole of this matter was handled by Lakeland Great Outdoors' Sales Manager, Geoff Jackson in a professional and courteous manner and I would have no hesitation in shopping there again.
Others may wish to look more carefully next time they are buying trail shoes - here is a copy of the formal complaint that I needed to make to Lakeland: