Hmm, that is a way to look at it, like a factory OC. Like how some custom cards have higher rated clocks then reference. So not technically an end user, warranty voiding OC, (as the RAM is rated to run at that by the manufacturer) but still a higher speed than standard.
As for the issue,
@ZenoSama have you tried memtesting for stability, at both DDR4 2133 and the XMP settings? If you find errors on either setting, chances are the RAM is defective. I agree that you should try to return the RAM, or get a refund from CC.
Personally I would be looking at good Gksill kits, DDR4 3200 to 3600. You can also look into what actual ICs different RAM kits have, and try to buy one with Samsung Bdie, or similar that are known to work well with Ryzens, particularly Zen 2 and 3. For instance, you could look into Gskill Ripjaws, TridentZ or FlareX with 3200C14 ratings, those are almost all Bdie kits.