If your sample fails processing twice, you can get a refund minus shipping and handling, but only if you agree never to resubmit through a new purchase. Known data errors that occur even in successful processing are explicitly excluded from any refund entitlement.
This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The provision operationally limits 23andMe's obligation to process samples or issue refunds to a single refund upon second-attempt failure, and conditions that refund on the user's agreement not to resubmit. This structure allocates the financial risk of sample failure and processing errors to the user after the refund threshold is met.
Interpretive note: The enforceability of the condition requiring users to never resubmit as a prerequisite for a refund, and the exclusion of refunds for known data errors, may be limited by statutory consumer protection rights in multiple served jurisdictions.
If your saliva sample cannot be processed after two attempts, you receive a refund minus shipping but must agree to never purchase the service again. Additionally, if your results contain known data errors, the terms state you are not entitled to any refund for those errors, which may conflict with consumer protection rights in some jurisdictions.
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"If the second attempt to process the sample is unsuccessful, (up to 0.65% of all samples fail the second attempt at testing according to 23andMe data obtained in 2019 for all genotype testing),* 23andMe will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to 23andMe, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service. Note: If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, 23andMe will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as 'Errors'). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.Excerpt from 23andMe's Terms of Service
(1) REGULATORY LANDSCAPE: This refund limitation provision engages consumer protection and distance selling frameworks in each served jurisdiction.
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The provision operationally limits 23andMe's obligation to process samples or issue refunds to a single refund upon second-attempt failure, and conditions that refund on the user's agreement not to resubmit. This structure allocates the financial risk of sample failure and processing errors to the user after the refund threshold is met.
If your saliva sample cannot be processed after two attempts, you receive a refund minus shipping but must agree to never purchase the service again. Additionally, if your results contain known data errors, the terms state you are not entitled to any refund for those errors, which may conflict with consumer protection rights in some jurisdictions.
ConductAtlas has identified this type of provision across 231 platforms. See the full comparison.
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