“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”
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 'solely and exclusively' qualifier eliminates any other remedy — such as additional reprocessing — after two failed attempts, capping the user's recourse at a partial refund.
Interpretive note: The excerpt does not itself state the 'two failed attempts' trigger condition; that context comes from outside the quoted language. The canonical claim incorporates the trigger only because the clause name references it, but the evidence span does not confirm it. The primary proposition — sole and exclusive refund remedy minus shipping and handling, no further kits — is fully grounded in the excerpt.
After two failed processing attempts, you cannot receive additional sample kits; your only remedy is a refund of the amount paid minus shipping and handling.
How other platforms handle this
If Anyscale is not able to materially correct any reported non-conformity with this warranty, either Party may terminate the applicable Order, and Customer, as its sole remedy, will be entitled to receive a refund of any prepaid unused Fees...
After one year from payment, you will no longer be eligible for any refund, including for any unused Testing Services.
If Contentsquare determines that the foregoing remedies are not commercially reasonable...Contentsquare shall refund to Customer on a pro rata basis, based on the then current Term, those prepaid Fees which relate to the unexpired part of the Term for the infringing part of the CS Service.
"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 handlingExcerpt from 23andMe's Terms of Service
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The 'solely and exclusively' qualifier eliminates any other remedy — such as additional reprocessing — after two failed attempts, capping the user's recourse at a partial refund.
After two failed processing attempts, you cannot receive additional sample kits; your only remedy is a refund of the amount paid minus shipping and handling.
ConductAtlas has identified this type of provision across 172 platforms. See the full comparison.
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