Brand new but they both have a flaw. There is a spot on the back of the shirt and a dirt stain on the shorts should come out in the wash. We ship the next day except for Sat and Sunday. All clothes are stored after being pictured and processed.. We have a 30-day return policy on all items in our store. All items come from a smoke-free, pet friendly environment. As always, thank you for shopping with us. If you have any questions or concerns about our products please message us. Thank you