I'm a size 10 and think 28 inches, this is why i was asking as i was a little confused. They are brand new jeans and so hopefully no-one has worn them. I will email the seller and ask them tho'
I would say that they would be fine - most fashion jeans (except obviously high waisted ones) aren't designed to sit around the waist anyway. I'd risk it if I were you, although you're right to try to contact the seller, just in case.