bad fit and odd appearance for new

I buy pretty much only Lee (hate Levi) and also had just recently bought some Lee jeans this size at Kohl's and they fit great so felt I had a good shot for a fit with these. Bought 2 pair and both turned out to be much too tight at the waist and also while they had all the right tags just didn't seem like 'new', they had a washed kind of rough/bumpy/unoressed look and feel that you don't see with a new pair from the mall.