I'd expect Amex to charge back the full amount (including the cost of the shoes, actually). If it didn't, I'd be inclined to go for small claims court action a

I'd expect Amex to charge back the full amount (including the cost of the shoes, actually). If it didn't, I'd be inclined to go for small claims court action against the company, as it's unlikely they'd send an employee to defend $39.95.