Brand new with tags and fits true to size. I am an XXL in bottoms but I loved these so much that I bought them in the XL anyway. Top is also and XL. Selling both the top and bottoms since the bottoms are too small for me. I paid $158 total and these are now $39 each on the website (and non-returnable). Selling for $70 together so it is still less than it would cost to buy from the website.