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 your reservation via the App is rejected after your request, you'll receive the applicable refund assuming your payment method was actually charged.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea: in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase.
If you are on a paid subscription and we discontinue the Service you are using during your subscription...if we're unable to do so, we will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
"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 178 platforms. See the full comparison.
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