Free people sweet surrender high waisted shorts

Super cute and thick high waisted shorts with lace detail on the side. New with tag, never worn. I bought these from another posher but they don't fit. They say size 28 but fit more like a 26, which is what I wish I knew. They have the tag but unfortunately my kitten got to it and it does have bite marks, but my 2 month kitten did NOT get to the shorts whatsoever.