I am sorry for your situation. The short answer is yes, you may sue them. The big question is where and how. You have in fact two options: either in the US, where you would have to have an attorney, because private international law matters (such as yours) are always quite complicated. You would have to serve the summons on them in Belgium, via an international convention applied by the US court. Or, you could sue directly in Belgium as well, in the local court of their headquarters. Also in this case, you would need a local, Belgian, attorney, because all the claims must be done in French or Dutch, as the case may be (depending on where they are located). It is highly unlikely for a private person to undertake a private international law trial by themselves.
The advantage of suing them in the US would be that the costs would probably be lower, and there would not be a language bar to you. The disadvantage is that the US decision, supposing it will be in your favor, then has to be recognized in Belgium, which means another trial. Suing them in Belgium would avoid the need for a second trial, but would probably be more expensive. Here is a list of English-speaking lawyers in Belgium, for your convenience: http://photos.state.gov/libraries/usnato/231771/cons/Lawyer%20list%20update%20June%202016.pdf
However, I have to say very clearly, for 45 dollars, there is no point in suing. Wherever you start, the costs of taking even the first step are several times higher than the benefit! My personal advice would be to try other means, for example:
- making a claim on your credit card, showing that the items did not arrive;
- trying to find an out of court resolution through the very new European SOL (online alternative dispute resolution service), available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
I know this might not be a very positive news, but it is more important that you know what your options are and what you would be getting into. I look forward to your rating, which is essential to my activity.
Dr I L Vlad