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
The Services are intended for users who are 13 years of age or older. If you are under 13 years of age, you are not permitted to use the Services. By using the Services, you represent and warrant that you are 13 years of age or older. If you are between 13 and 18 years of age, you may only use the S...
Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete such info...
Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13, we will take steps to delete the information as soon as possible.
Monitoring
Instacart has changed this document before.
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"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 Instacart Terms of Service
(1) REGULATORY FRAMEWORK: Implicates COPPA (15 U.S.C. §6501 et seq., enforced by FTC) for users under 13; state alcohol beverage control laws in each delivery jurisdiction (e.g., California ABC Act, N.Y. Alcoholic Beverage Control Law); federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations; and platform compliance requirements under the INFORM Consumers Act (P.L. 117-328) for age-restricted goods. (2)
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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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.