Maybe there's some nuance to the term I'm ignorant of, but I only see a subtle difference between scalpers buying something freely available but limited in total supply with the intention of selling it for a profit later, and flippers doing exactly the same thing with this replica.
The only real difference is that in the former case the item is theoretically available forever until supply dwindles (which they're causing to happen faster than otherwise, exacerbating the scarcity), while in the latter the item is only available for general sale for a very limited period of time from a single place no matter how many sell, outside of which anyone who wants one is forced to turn to the scalpers just like the former. While one is theoretically unlimited, in practice It's two sides of the same coin.
Literally the day after the initial US buying window for the Refit ended I saw someone on Reddit saying they wished they'd known about it because they would've ordered one. They weren't alone, and anyone buying something that people can't just buy for an extended period whenever they want — specifically to take advantage of that fact — is what I consider textbook scalping.