Hmm, I suppose you could rely on the bms to prevent any overcharge. But that does sound to me a lot like what a lifepo4 battery charger does. Charges each cell to 3.65 or so, when full is 3.5v.
Test it and see. Indeed, when the pack is not fully charged, you will see a lower voltage. But I would not want it to charge my cells to 43v, even one time. I wouldn't want to bet my batteries life on the bms working every single charge. Much better to rely on the bms to balance the pack while never getting full pack voltage above 42v.
What will happen at 42v is, when it shuts off, one cell or another will be higher than the others, so cells can get over 4.2v per cell even when it shuts off at 42v. Having the charger at 43.8v will cause the current to be higher at that moment when you need it to be going slow so the bms stops it in time.
In an analogy, would you rather coast up to a red light, then apply brakes, or have somebodies foot on the gas as you try to stop?
Sounds like a refund is not in the offing, but if he is reading this, he sucks for selling it as a 42v charger. It runs to 43.8v dude. By his logic, you could just use a 72v charger, and rely on the bms. But is it a good idea? I don't think so.
Do you even have a bms?
Time to open it up, unless it's glued shut, and see if you can find a voltage adjustment pot inside.