Tactical Pants, Waterproof, XXL=38-40 waist 32 length black in color 10 pockets

Men's Tactical Pants black in color size XXL which equals 38-40 waist and 32 length. They are brand new I just bought them but they are to small in the thighs. They retail for 69.99 instead of returning them and taking forever I just want to sell them and I'm willing to take 45 would be ideal bc I dont want to lose our to much but 40 is the bare minimum. They are also waterproof with 10 pockets. 2 rear pockets 2 "cargo" zipped pockets and 2 cell phone pockets right next to them that has Velcro to keep it closed. Then 2 normal pockets that are split into 2 pockets also for a flashlight or pocket knife.. My recommendation for someone. buying them is either having like a 36 waist or 38 with smaller thighs! lol.. Any questions plz ask..