You must be old enough in your location to legally enter into a contract with Instacart, and for orders including alcohol, you must be of legal drinking age and will need to show ID upon delivery.
This analysis describes what Instacart'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 establishes a contractual prerequisite by requiring users to affirm legal capacity at the time of service access. The representation serves as a foundational condition for the enforceability of the entire service agreement between the user and Instacart.
Instacart rewrote its entire Terms of Service, adding 367 new sentences including sections on AI-powered services, updated arbitration procedures, and revised data handling practices. The restructuring makes it harder to compare what changed because the entire document was reorganized.
View change record →If you order alcohol or other age-restricted goods through Instacart and are not of legal age, you are in breach of contract and may face legal consequences; your order may also be refused at delivery if you cannot present valid identification.
How other platforms handle this
You must be at least 13 years old to use our Services. If you are under 18, you must have your parent or guardian's permission to use our Services. Certain Services or features may have higher age requirements.
Without limiting the generality of the foregoing, any access to, or use of, the Service by anyone who is a minor (which is under the age of 18 in most jurisdictions) in any applicable jurisdiction (a "Minor") is strictly prohibited and in violation of these Terms, unless such access and/or use is su...
"By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Instacart.Excerpt from Instacart's Terms of Service
(1) REGULATORY FRAMEWORK: Implicates COPPA (15 U.S.C.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision establishes a contractual prerequisite by requiring users to affirm legal capacity at the time of service access. The representation serves as a foundational condition for the enforceability of the entire service agreement between the user and Instacart.
If you order alcohol or other age-restricted goods through Instacart and are not of legal age, you are in breach of contract and may face legal consequences; your order may also be refused at delivery if you cannot present valid identification.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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