The terms establish a three-stage reprocessing protocol for failed samples: free reprocessing of the original sample, then a free replacement kit if reprocessing fails, then a full refund less shipping and handling if the second sample also fails. Users who accept this refund are contractually precluded from resubmitting a sample through a future service purchase.
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
This provision defines the complete remedy available to users whose samples fail processing through both reprocessing stages. The terms state the refund entitlement is the user's sole and exclusive remedy in this scenario, and the prohibition on future sample resubmission following a refund constitutes a continuing contractual restriction on future service use.
Under this clause, users whose samples fail processing after two attempts are entitled to a full refund less shipping and handling, and the agreement states this is their sole and exclusive remedy. The terms additionally prohibit such users from resubmitting a sample through a future purchase of the service; if they do so and processing again fails, no reprocessing will be offered.
Cross-platform context
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Compare across platforms →"If the initial processing fails for any of above reasons, we will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, we will offer to send another sample collection kit to the user to collect a second sample at no charge. 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.Excerpt from 23andMe's Terms of Service
(1) REGULATORY LANDSCAPE: The sole and exclusive remedy limitation may be evaluated under applicable state consumer protection statutes that restrict the ability of companies to contractually limit remedies for service failures, particularly in California.
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This provision defines the complete remedy available to users whose samples fail processing through both reprocessing stages. The terms state the refund entitlement is the user's sole and exclusive remedy in this scenario, and the prohibition on future sample resubmission following a refund constitutes a continuing contractual restriction on future service use.
Under this clause, users whose samples fail processing after two attempts are entitled to a full refund less shipping and handling, and the agreement states this is their sole and exclusive remedy. The terms additionally prohibit such users from resubmitting a sample through a future purchase of the service; if they do so and processing again fails, no reprocessing will …
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