Instacart charges delivery fees, service fees, and other fees that are shown at checkout before you confirm your order, and these fees may change over time.
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 clause operationalizes Instacart's fee collection structure and establishes the procedural requirement for fee transparency. By requiring display of the complete total before confirmation, the provision creates a mechanism for users to review charges prior to transaction finalization.
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 will see the full fee breakdown including delivery fees, service fees, and taxes before confirming each order. However, the terms state fees are subject to change, so fees may vary between orders.
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"Instacart charges fees for use of certain Services, including delivery fees, service fees, and other fees as disclosed at checkout. Fees are subject to change. Your final order total, including all applicable fees and taxes, will be displayed before you confirm your order.— Excerpt from Instacart's Instacart Terms of Service
1. REGULATORY LANDSCAPE: Fee disclosure requirements for online commerce are governed by the FTC Act's prohibition on deceptive pricing practices, and by state-level drip pricing and junk fee regulations. California has enacted legislation addressing hidden fees and requires all-in pricing disclosure in certain consumer transactions. The FTC has proposed rules on junk fee transparency that may apply to delivery service fees. 2. GOVERNANCE EXPOSURE: Medium. The reference to fees 'as disclosed at checkout' is the primary disclosure mechanism; legal should confirm that this mechanism meets applicable disclosure timing and conspicuousness standards, particularly for service fees that are added after initial price display. 3. JURISDICTION FLAGS: California's consumer pricing transparency laws and any states that have enacted similar drip pricing or junk fee statutes create the highest compliance exposure. The Canadian Competition Bureau has also issued guidance on drip pricing practices. 4. CONTRACT AND VENDOR IMPLICATIONS: Retail partners whose products are listed on the platform should be aware that Instacart's service fees are disclosed separately at checkout and that any pricing discrepancies between in-store and app pricing are addressed in their retailer agreements. 5. COMPLIANCE CONSIDERATIONS: Legal should audit the checkout display flow to confirm that all fees, including service fees, are displayed with adequate prominence before order confirmation, consistent with FTC guidance and applicable state pricing transparency requirements.
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This clause operationalizes Instacart's fee collection structure and establishes the procedural requirement for fee transparency. By requiring display of the complete total before confirmation, the provision creates a mechanism for users to review charges prior to transaction finalization.
Users will see the full fee breakdown including delivery fees, service fees, and taxes before confirming each order. However, the terms state fees are subject to change, so fees may vary between orders.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.