Do I have the right to do this?

Not at all! I do the same. I have it in my custom greeting to “keep your phone handy for replacements”. The problem is that some want to be contacted about everything oos, some want no replacements and some want you to do replace everything without bothering them, while almost none of them bother to communicate their preferences. Ic insists on replacing items, while letting them rate us bad if they don’t like them. So don’t worry about it, just put something in your custom greeting, send the pic on oos items and keep it moving. Don’t even wait 10 minutes, if there is a good option take it, if not send the pic and refund before checkout if they don’t respond.

/r/InstacartShoppers Thread