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
The clause allocates pricing authority to individual retailers rather than Instacart, and clarifies that prices displayed on the platform are not guaranteed to be the lowest available for those goods, establishing the contractual basis for price variation across channels and locations.
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 →Users purchasing through Instacart transact with the selected retailer as merchant of record, and the terms authorize retailers to set prices that may exceed in-store prices or prices available elsewhere, with no guarantee that displayed prices represent the lowest available cost for those items.
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"You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer's store. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms or services. The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold.— Excerpt from Instacart's Instacart Terms of Service
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The clause allocates pricing authority to individual retailers rather than Instacart, and clarifies that prices displayed on the platform are not guaranteed to be the lowest available for those goods, establishing the contractual basis for price variation across channels and locations.
Users purchasing through Instacart transact with the selected retailer as merchant of record, and the terms authorize retailers to set prices that may exceed in-store prices or prices available elsewhere, with no guarantee that displayed prices represent the lowest available cost for those items.
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