It's always possible, though highly unlikely. Any product made by any company can be faulty though there are a lot of settings involved in the bios, some of them may be 'automatic' or selected as 'optimal' or 'performance' mode settings which are actually slightly overclocked settings. It should turbo to 3.9ghz on its own when one core is maxed out, when two are maxed it will drop to 3.8 and when 3-4 cores are maxed it will drop to 3.7ghz. That's standard behavior for intel's turbo boost technology built into the cpu. An overclock would be locking all 4 cores to 3.9ghz or higher or allowing them to run higher with a raised multiplier and vcore voltage whether you did it manually or clicked a performance mode that did it for you.
A lot of cpu heat problems are attributed either to a mild overclock someone was unaware happened (such as 'turbo' or 'performance' mode in the bios) or cpu cooler installation not being quite right. That applies to both intel and amd both. Another thing that can cause higher than normal temps on a haswell or devil's canyon cpu is using a current version of prime95.
This intel temperature guide is a sticky at the top of the forum/cpu category. It looks like a more lengthy read than it is, has a lot of good info discussing the reason for using the older version of prime95 as well as other useful information about 'normal' or typical temps under various conditions.
http://www.tomshardware.com/forum/id-1800828/intel-temperature-guide.html
Honestly I'd bet there's either a less than optimal setting in the bios or through ai suite, use of a new version of prime95 or the cpu cooler just didn't mount quite flat. Try cleaning and reapplying the thermal paste, tighten that thumb screw in the middle of the cooler to increase pressure to the cpu heat spreader (metal cover of the cpu) and when tightening the cooler screws at the 4 corners be sure to tighten them just a little at a time in an "X" pattern. Ie, top left, bottom right, top right, bottom left - and work your way around until they're tight. It will help make sure it's tightened evenly to the cpu. Tightening one screw all the way down then another can result in the cooler feeling tight but being tilted a bit and not making good contact.
I can't recall off the top of my head, but just to be safe make sure there's no thin plastic film covering the base of the cooler. I don't recall the 212 evo having one, my other air cooler did have one. Sometimes companies place a thin plastic film to protect the base of the cooler in shipping/packaging. Not trying to insult your intelligence but sometimes people can miss it if there is one and it's one of those facepalm moments. That will have a serious impact on cooling performance if left on (if there is one).