The Fougere is a lovely pen, and after you've paid the $40 and got over it, you'll go on enjoying the pen for a long time.
In a case like this, the people you might have a complaint against is the retailer. As the pen was not as it left the factory (no packing and so on, and therefore clearly having been exposed to adventures in its life), what Parker is asking is quite reasonable. It's a question of whether the retailer gave you adequate warning that the pen might not be functioning properly.
Anyway, get it fixed and enjoy it. After you've had a few years with pens, that $40 will just be one item in the You-Win-Some-You-Lose-Some account.
Best
Michael